Supreme Court on the destruction of public and private property

Chennai: On days of political protests, it is pertinent to recall guidelines framed by the Supreme Court. These were laid down in 2009 in a case of destruction of public and private property in Andhra Pradesh. Two reports - submitted by Justice KT Thomas and Mr FS Nariman - underscored the need for preventive action by the authorities and mooted the idea of giving investigative agencies more teeth to deal with events with a potential threat to public interest.

Here's what Justice Thomas advocated:

• The organisers should meet the police to review and revise the route to be taken and to lay down conditions for a peaceful march or protest.
• All weapons like knives and lathis should be prohibited.
• An undertaking should be provided by the organisers to ensure a peaceful march.
• The police should videograph the protests.
• The highest ranking police officer of the region should supervise the demonstration.
• In the event of violence, the officer in charge should have the events videographed by private operators and also gather information and footage from the media.
• The police should immediately send a report to the State Govt and also record damage, if any, caused by their own officers.
• The State Govt, based on the police report, should file a petition in the High Court or Supreme Court for the Court in question for suitable action.
• When damage is caused to property, the Nariman Committee recommendations kick in:
• When there is destruction of property, the High Court may initiate action and set up a body to investigate and award compensation.
• When more than one state is involved, such action can be taken by the Supreme Court.
• The High Court or Supreme Court can appoint a sitting or retired High Court or District Judge as the Claims Commissioner to estimate damage and investigate liability. An assessor may assist the Claims Commissioner.
• The Claims Commissioner may seek the assistance of the High Court or Supreme Court to call for video footage from all sources to pinpoint damage and establish nexus with the perpetrators.
• Exemplary damages can be awarded based on loss or destruction of public, private property, injury or death of persons and the cost of preventive and remedial action by the police.
• The liability of persons or organisers of protests will finally be determined by the High Court or Supreme Court.