Fix Responsibility For Loss Of Life During Stirs: SC

Let me begin at the very beginning by expressing my foremost concern and deepest anguish over the repeated loss of life during stirs and huge damage to public property during agitations. What is even more concerning is that those indulging in it are able to escape either with just no punishment or with very minor punishment. This must end now once and for all and those who are responsible for loss of life during stirs and for causing damage to property during stirs must be identified and punished most strictly and they must be made to compensate for the damage that they have caused to public property!

Expressing its utmost concern over the loss of lives and damage to public property during agitations, the Supreme Court on November 28 asked Centre to create courts in every state and union territory to fix accountability for vandalism and compensate the victims of such violent protests. Centre must stop wasting time on this score or indulging in buying time on one pretext or the other and take immediate action on this score. Our nation is becoming a laughing stock in front of the world as those indulging in damaging property during stirs and causing loss of lives are rarely brought to book and are allowed to get away most easily which is all because of lack of action on the part of the government of the day! What Apex Court has said must be taken most seriously and what it has directed to be done must be done forthwith without forwarding any lame excuses!

To put things in perspective, the top court very rightly suggested to the Centre that one or more district judges should be given responsibilities in consultation with respective High Courts to prosecute and fix civil liabilities on those responsible for such mayhem. It favoured criminal action against leaders of such organizations or political parties, whose members would indulge in destruction of public or private properties. There is no reason why they should be allowed to get away without being punished in anyway but most unfortunately this is exactly what is happening in our country due to which a mad race has been started between parties all out to prove that they can cause more destruction of property than the other party and this is resulting in more criminals gaining prominent positions in all parties!

While craving for the exclusive indulgence of my esteemed readers, let me inform them that a Bench of Justices Adarsh Kumar and UU Lalit said although guidelines have been framed by the Apex Court in 2007 which include videography of such agitations, but there exists no mechanism to deal with the damages to be paid to the victim. Why? Why should the victim be made to suffer for no fault of his/her?

Why should parties not be made to compensate for the loss caused to public property by their members? Why should those members themselves not be jailed and why should they also not be made to pay a heavy fine? Why extraordinary leniency is shown towards them? Does this not encourage them to commit more such vandalism as we see in many states being done openly with impunity?

For my esteemed readers exclusive indulgence, let me also inform them that the Bench of Justices AK Goel and UU Lalit minced no words in making it absolutely clear that, “These agitations, which result in damage to life and properties, are now happening very often. If it is to be dealt by High Court or Supreme Court, then it will become very difficult. There should be some forum where people can go and seek remedy as per law.' There can be no denying this. The Bench order came on a plea filed by advocate Koshy Jacob, who sought implementation of 2007 guidelines of the Apex Court with regard to the procedure to be adopted by administration during such agitations and submitting of report to the High Courts and Supreme Court.

The germane question that arises for consideration is: Why are such agitations which ultimately result in damage to life and properties happening very often? The simple and straightforward answer is because there is no accountability fixed and those perpetrating it are not booked promptly and punished very strictly neither are they made to compensate for all the losses which they have unleashed by their wanton acts of vandalism which only propels them to further indulge in more such despicable acts to score more brownie points in the books of their political masters!

No one can grudge the right of political parties and their supporters to protest peacefully. But under no circumstances can they extend the right to protest to include right to cause vandalism, damage public and private properties and kill or hurt anyone who comes in their way! But most shockingly this is what the political parties and their supporters have been indulging in and still not taken to task nor made to compensate for their despicable acts of vandalism! Such despicable acts of wanton vandalism can never be condoned under any circumstances!

Why don't they damage their own property if they are so agitated? Why is public and private property of other person made the target? Why are they not made to pay immediately? Are we a banana republic where anyone can get away even after committing any crime?

Do political parties and their supporters enjoy unfettered license to indulge in vandalism, kill or hurt anyone and yet not be jailed or made to pay for their vandalism? If not then why no action against them and why parties like MNS are allowed to beat people from North India who go to Maharashtra in search of jobs and same is true in case of many other states and still their re cognition as political party is not cancelled and no heavy fine is recovered from them nor those political workers are made to spend decades in jail for the unprovoked violence that they indulged in? Is our political class not accountable for not doing their job and still with what face do they accuse judiciary of indulging in judicial activism?

Let me be upfront in also asking: Why these protesters who repeatedly riot, kill, hurt, maim and damage property, public and private most fearlessly in order to garner cheap publicity or score political brownie points are allowed to get away very easily without being jailed for many years and without being made to compensate for the losses which occurred all because of them? Why those who provoke and instigate violence and destruction of property also not made to pay heavily through their nose and jailed for several years without getting any bail?

Why politicians of all hues very quickly accuse judiciary of indulging in activism but do nothing even after more than 70 years of independence to make sure that no such acts are committed and in case such acts are committed then the parties which commit such act or their members are made to compensate and heavy penalty is imposed on them? Why Centre has never acted decisively on this count? Give me one good reason!

No one can dare to take law in his own hands if punishment is swift and strict! Why we have seen an upsurge in violence in our country since last few decades? It is because those indulging in it are not swiftly and strictly punished and are not made to compensate for the losses which they perpetrated by their own hands!

We all witnessed the loathsome and macabre violence unleashed by supporters of Baba Ram Rahim when he was arrested! We also saw how the Punjab and Haryana High Court took suo motu cognizance of it. We also saw how the supporters were allowed to assemble in Panchkula in large numbers which facilitated the commission of huge violence in which many people lost their precious lives and there was huge destruction and damage caused to whatever that came in the way of protesters. Is the State Government not accountable for allowing it to happen? Why should it not be made to pay through its very nose so that next time no party in power allows such acts of vandalism?

The top court said that although the Constitution has given the right to people to assemble freely and peacefully protest but no one has been given the right to damage public property and indulge in violence which results in loss of lives. The Bench also stated quite explicitly that, “Those who fail to maintain peace shall be held accountable and those who suffer must be compensated. At prevention level, police can do it through videography as stipulated in the guidelines issued by the Apex Court in earlier judgments'.

It is noteworthy that Attorney General KK Venugopal while appearing for Centre agreed with the suggestion and said the government has taken steps to amend the Prevention of Damage to Public Property Act. He said a draft of the Bill has been prepared and published on the website of Ministry of Home Affairs (MHA) seeking comments of public and other stakeholders. What is most distressing is that why has it taken more than 70 years to frame laws in this regard to ensure that no innocent life is lost and no property is damaged by anyone on any ground whatsoever?

Why so much of apathy and nonchalance on this count? This has only served to encourage fringe groups like MNS who is a registered political party to yet engage in unabated violence and destruction of property who just recently beat those harmless people from North India who were doing small jobs in Mumbai and even vandalized the office of Congress party for speaking in their favour still why are they allowed to get away with impunity? Why is their recognition as party not cancelled at least for 5 years or 10 years so that a loud and clear message goes out to all parties that they too are not above the law?

Why those law enforcement authorities not punished most severely and also not penalized heavily who allow violence by political workers just because they belong to a particular party so that they can be in their goodbooks? Why no political party is prepared to take any action on this score? Are they not guilty of inaction then with what face do they accuse judiciary of indulging in activism and crossing its limits? They must honestly and seriously self-introspect instead of just indulging in ugly spats and castigating judiciary at the drop of a hat and sparing no opportunity not even during sacrosanct ‘Constitution Day' as we saw most recently on 26 November! I am still hopeful of this!