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Mandate Film Protests, Book Mischief Mongers, Who Destroy Public And Private Properties: SC


By ugeshji, Section News
Posted on Fri Apr 17, 2009 at 01:49:53 AM EST

New Delhi: In a landmark verdict, the Supreme Court on Thursday put in place stringent guidelines to deal with violent agitations that mandate the police to videograph each and every protest to bring to book mischief mongers who take advantage of a crowd and destroy public and private properties. It also made leaders of violent agitations liable for prosecution even if they are not on the spot but are found to be steering the course of the protest.

Accepting reports of its two committees -- one headed by Justice K T Thomas and the other by noted jurist Fali S Nariman -- a bench comprising Justices Arijit Pasayat, L S Panta and P Sathasivam also laid down guidelines for authorities to recover the cost of damaged property from the delinquent protesters. While the Justice Thomas committee suggested radical measures to give teeth to the existing lenient law -- Prevention of Destruction and Loss of Public Property Act -- the Nariman committee suggested fresh guidelines, which make the protesters liable for the damage caused by them.

The Justice Thomas committee's recommendation to make the leaders of the protests, who most of the time do not come to the forefront but operate behind the scene, liable as abettors to the destruction of property could prove to be a major deterrent against protests turning violent. The bench, while putting the suggestions of the two committees as guidelines, said its directions would operate till Parliament or assemblies enacted suitable laws replacing the apex court's directions for prevention of vandalism of the kind seen during the Gujjar agitation in 2007.

The new guidelines include a provision that says those seen indulging in violence in video footage would be presumed to be the offenders and the onus would shift on them to show that they are innocent.

Focusing on compensating the people whose properties were damaged by the protesters, the apex court said not only should the violent protesters pay the cost of damaged property, but they be also saddled with exemplary cost.

However, the court did not direct implementation of the guidelines relating to sensitizing media and regulation of its coverage of incidents relating to violent agitations. The Nariman Committee's suggestion for a National Broadcasting Authority would serve as an advisory opinion for the authorities, the bench said.

Source: Times Of India Film protests, book mischief mongers: SC

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