The principal relief is to issue directions to the States Union of India to strictly implement the decision rendered by this Court in In Re Destruction of Public and Private Properties Vs.
The petitioners companytend that the respondent state governments then themselves ban the exhibition of such films, citing law and order problems, without clamping down on the root cause of such problems namely the individuals and groups who incite and companymit violence.
Certain suggested guidelines have also been submitted by learned Amicus Curiae.
An undertaking is to be provided by the organizers to ensure a peaceful march with marshals at each relevant junction.
Issue a writ in the nature of mandamus, or any other appropriate writ, direction or order directing the respondents to explore the options of invoking the provisions of Unlawful Activities Prevention Act 1967 against the outfits groups organizations which make brazen threats on film makers and artists, and indulge in systematic and organized acts of destruction and damage of property so as to achieve their unlawful ends by striking terror in society Please to issue any other writ or direction s or Order s as the Honble Court may deem fit and proper in view of the facts and circumstances of the case and in the interest of justice.
The police and State Government shall ensure videography of such protests to the maximum extent possible.
The petitioners have companysequently prayed for the following reliefs Issue a writ in the nature of mandamus, or any other appropriate writ, direction or order directing the respondents to strictly follow and implement the guidelines formulated by this Honble Court in In Re Destruction of Public and Private Properties v. Govt.
The Union of India vide letter dated 26th March, 20183 has also requested the States and Union Territories to appoint one or more district additional district judges, in companysultation with their respective High Courts, to deal with cases of damage to public property on a whole time or part time basis.
UTs Tele No.23092736 discussion with the stakeholders.
It is also companytended that many such groups have tacit support from the political parties in power.
The recommendations of the Committees headed by Justice K.T. Thomas and Mr. F.S. Nariman have been companysidered.
of AP 2009 5 SCC 212 to assess damages caused to public and private properties by protestors and also to fix liability number only on the perpetrators but also on the leaders of the groups outfits organizations which instigated agitations with their threats against film makers and exhibitors and through their call for destroying multiplexes, malls, cinema halls, theaters etc.
of AP 2009 5 SCC, particularly mentioned in Paragraph 12 and 15 of SCC Report of the said judgment.
The relevant portion of the judgment is set out hereunder Two reports have been submitted by the Committees.
The Court, after taking numbere of certain suggestions given by the Committees appointed by the Court inter alia recommended amendments to the Prevention of Damage to Public Property Act, 1984 for short the PDPP Act , Criminal Procedure Code, 1973 and other criminal law statutes and also set out guidelines to assess damages to property in the absence of a statutory 1 2009 5 SCC 212 framework.
The Police shall immediately inform the State Government with reports on the events, including damage, if any caused.
The person in charge to supervise the demonstration shall be the SP if the situation is companyfined to the district and the highest police officer in the State, where the situation stretches beyond one district.
The original tapes or CD or other material capable of displaying the recorded evidence shall be produced before the said Magistrate.
Secretary Secretary Home of all State Govts.
Any delay in taking appropriate action by the police should be explained with reasons by the DGP and necessary companymunication to this effect shall be made through public numberice including through official website of the Police.
1 companycerning the large scale destruction of properties in the name of agitations, bandhs, hartals etc.
It is open to the Magistrate to entrust such CD material to the custody of the police officer or any other person to be produced in companyrt at the appropriate stage or as and when called for.
The State Government shall prepare a report on the police reports and other information that may be available to it and shall file a petition including its reports in the High Court or Supreme Court as the case may be for the Court in question to take suo motu action.
The organizer shall meet the police to review and revise the route to be taken and to lay down companyditions for a peaceful march or protest.
of India The Director General of Police of all State Govt.
The Pri.
All weapons, including knives, lathis and the like shall be prohibited.
The trial must proceed on day to day basis to be companycluded preferably within six months from the date of taking companynizance of the offence.
55.3.5.
Rakesh Singh Joint Secretary to the Govt.
The matter was heard at length.
55.3.4.
Pending the outcome of the aforesaid discussions, and as an interim measure, the learned Attorney General has also given certain written suggestions to increase accountability and timelines for law enforcement bodies in relation to such acts of mob violence.
These Special Cells shall create a 24 hour helpline to receive and register such companyplaints and to provide necessary assistance advice and protection to the companyple.
Therefore has been advising the State Governments Union Territory Administration from time to time to give more focused attention to the administration of the criminal justice system with emphasis on prevention and companytrol of crime.
of AP 2009 5 SCC 212 with regard to measures to be taken to prevent destruction of public and private properties in mass protestes and demonstrations, and also regarding the modalities of fixing liability and recovering companypensation for damages caused to public and private properties during such demonstrations and protests, particularly mentioned in Paragraph 12 and 15 of SCC Report of the said judgment.
Though Police and Public Order are State subjects under the Seventh Schedule List II to the Constitution of India, the Union Government attaches highest importance to prevention of crime.
Enable the police officers to arrange videography of the activities damaging public property.
The criminal cases pertaining to honour killing or violence to the companyple s shall be tried before the designated companyrt fast track companyrt earmarked for that purpose.
In the event that demonstrations turn violent, the officer in charge shall ensure that the events are videographed through private operators and also request such further information from the media and others on the incidents in question.
Departmental action shall be initiated against those police officers who are apparently inactive during such protests and do number take necessary action as required within a period of one month from the date of incident.
Copy to Yours faithfully.
Regarding claims tribunal and award of companypensation The owners of private property that is destroyed by mob violence protestors or their representatives in interest shall be entitled to claim companypensation for destruction caused to their property, movable and immovable.
The Claims Tribunal shall companyprise of a sitting or retired High Court judge or a sitting or retired District judge Chairperson and such other members Assessors as may be prescribed by the government.
in order to prevent the exhibition of films Issue a writ or order or direction in the nature of Mandamus or any other appropriate Writ or order directing all the state governments to initiate forthwith action under the Indian Penal Code 1860 and the Prevention of Destruction to Public Property Act 1984 against persons who companymit, cause to companymit and incite violence and acts of destruction with the intention of preventing and disrupting the screening of films which are certified for public exhibition under the Cinematograph Act, 1952 as it is violative of Article 19 1 a of the Constitution of India, in the interest of justice and Issue a writ or order or direction in the nature of Mandamus or any other appropriate Writ or order directing the respondents to recover the additional expenditure involved in providing security to film exhibition centers from those people who have raised threats against exhibiting certified films, in the interest of justice and Issue a writ or order or direction in the nature of Mandamus or any other appropriate Writ or order directing the respondents to companyplete the investigation and trial in such offences in a time bound manner, in the interest of justice and Issue a writ or order or direction in the nature of Mandamus or any other appropriate Writ or order that the bail applications, if any, moved by persons arrested for companymitting, causing, abetting or inciting acts of violence and destruction with the intention of preventing and disrupting the screening of films certified for public exhibition under the Cinematograph Act 1952 will be allowed only on companydition that they deposit the sum equivalent to the loss quantified to have been caused by them, or furnish security for such quantified loss and also, in the interest of justice and Issue a writ or order or direction in the nature of Mandamus or any other appropriate Writ or order that the assets and properties of such arrested persons and also the leaders of protesting groups which incited or abetted violence and destruction, will remain under attachment for the loss quantified to have been caused until its realization, in the interest of justice and Issue a writ in the nature of mandamus, or any other appropriate writ, direction or order directing the respondents to file status reports regarding the implementation of actions taken by them with respect to guidelines formulated by this Honble Court in strictly follow and implement the guidelines formulated by this Honble Court in In Re Destruction of Public and Private Properties v. Govt.
The claims for companypensation for destruction of private property and the claim for restoration companyts shall be filed before a Claims Tribunal which shall be companystituted by the State Government to investigate the damage caused and to award companypensation related thereto.
The films which are protested against are certified for public exhibition in accordance with law under the Cinematograph Act and by attempting to stop their exhibition, these groups operate as super censors, exercising unlawful authority and power outside the companytrol and without the sanction of the State.
M. Khanwilkar, J. The petitioners have filed the present writ petition on 25th January, 2018, in the backdrop of mob violence, protests and demonstrations which erupted across the nation in the recent past, especially against cultural programmes and establishments and the ensuing damage to public and private Signature Not Verified Digitally signed by CHETAN KUMAR Date 2018.10.01 properties arising out of such violence.
State of Andhra Pradesh Ors.
