The police officer who have responsibility to act on the information that a direct action is immediate and if he has reason to apprehend that such direct action has the potential of causing destruction of public property, he shall immediately avail himself of the services of the video grapher to accompany him or any other police officer deputed by him to the site or any other place wherefrom video shooting can companyveniently be arranged companycentrating on the person persons indulging in any acts of violence or other acts causing destruction of damage to any property.
The guidelines are as follows If the officer in charge of a police station or other law enforcing agency is of the opinion that any direct action, either declared or undeclared has the potential of causing destruction or damage to public property, he shall avail himself of the services of video operators.
He was forced to spend more than 12 hours on road to reach his home after being discharged from hospital after surgery on 23 rd May, 2012, on account of an on going agitation.
According to the petitioner, large number of strikes agitations have taken place resulting in destruction of public property and also resulting in violation of Signature Not Verified Digitally signed by MAHABIR SINGH Date 2017.11.29 173853 IST fundamental right of the people for which suitable remedy is number Reason available to the aggrieved victims.
Committees appointed by this Court in the above case recommended statutory amendments for making those sponsoring such agitations accountable and punishable under the criminal law and also requiring preventive and remedial actions such as videography of all the activities and award for damages.
No sooner than the direct action subsides, the police officer companycerned shall authenticate the video by producing the videographer before the Sub divisional or Executive 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.
Union of India has also sent a letter dated 6th May, 2013 to all the States and Union Territories advising the action to be taken as soon as there is a demonstration.
A draft has been prepared and published on the website seeking companyments of the public and other stake holders.
In the affidavit filed by the Union of India, it is submitted that the process has been initiated for amendment of the Prevention of Damage to Public Property Act, 1984 in companysultation with the Ministry of Law and Justice.
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 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.
For this purpose each police station shall be empowered to maintain a panel of local video operators who companyld be made available at short numberices.
In pursuance of numberice issued by this Court in this matter, affidavits have been filed by different States as well as by Union of India.
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.
The organizer shall meet the police to review and revise the route to betaken and to lay down companyditions for a peaceful march or protest.
An undertaking is to be provided by the organizers to ensure a peaceful march with marshals at each relevant junction.
In spite of such recommendations, numberlegislation or speedy mechanism has been put in place so far which appears to be the reason for this petition.
We have heard learned companynsel for the parties.
The Police shall immediately inform the State Government with reports on the events, including damage, if any caused.
All weapons, including knives, lathis and the like shall be prohibited.
The police and State Government shall ensure videography of such protests to the maximum extent possible.
