DIMAPUR, JUNE 5 (MExN): Nagaland State Home Commissioner, Temjen Toy has issued a notification laying down Supreme Court directed guidelines for preventive action to deal with destruction of public and private properties during agitations, bandhs, hartals etc.
These modalities, as per the notification dated April 26, have directed till appropriate legislation consistent with the guidelines are put in place or any mechanism is created by Statue(s).
The guidelines to effectuate the modalities for preventive action direct organizers of agitations to meet the police to review and revise the route to be taken and to lay down conditions for a peaceful march or protest.
Weapons, including knives, lathis and the like are to be prohibited; while an undertaking is to be provided by the organizers to ensure a peaceful march with marshals at each relevant junction.
Further the police and state government are directed to video graph such protests to the maximum extent possible. Meanwhile the person in charge to supervise the demonstration shall be the SP (if the situation is confined to the district) and the highest police officer in the state, where the situation stretches beyond one district.
In the event that demonstrations turn violent, the officer-in-charge is to ensure that the events are video graphed through private operators and also request such further information from the media and others on the incidents in question.
The guidelines also direct the police to immediately inform the state government with reports of the events, including damage, if any, caused.
The state governments on their part are to report on the police reports and other information that may be available to it and file a petition including its report in the High Court or Supreme Court as the case may be for the court in question to take suo mote action.
The Home Commissioner also laid down guidelines to assess damage caused during the agitations.
These prescribed that wherever a mass destruction to property takes place due to protests, the High Court may issue suo motu action and set up machine, to investigate the damage caused and to award compensation. Where there is more than one state involved, such action may be taken by the Supreme Court.
In each case, the High Court or Supreme Court, as the case may be, are to appoint a sitting or retired High Court judge or a sitting or retired District judge as a Claims Commissioner to estimate the damages and investigate liability.
It also states that an Assessor may be appointed to assist the Claims Commissioner. Meanwhile, the Claims Commissioner and the Assessor may seek instructions from the High Court or Supreme Court as the case may be, to summon the existing video or other recordings from private and public sources to pinpoint the damage and establish nexus with the perpetrators of the damage.
The principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established. The liability will be borne by the actual perpetrators of the crime as well as organizers of the event giving rise to the liability to be shared, as finally determined by the High Court or Supreme Court.
The guidelines further instruct that “exemplary damages” may be awarded to an extent not greater than twice the amount of the damages liable to be paid.
The damages to be assessed include damage to public and private property; damages causing injury or death to a person or persons; and cost of the actions by the authorities and police to take preventive and other actions. Finally, the Claims Commissioner is directed to make a report to the High Court or Supreme Court which will determine the liability after hearing the parties.
The Home Commissioner informed that the said guidelines, which were proposed by the Justice Thomas Committee and accepted by the Supreme Court, are to be strictly adhered to by all concerned till appropriate legislation is in place.
