TODAY -

Recovering compensation from unruly CAA-NRC agitators legal, not 'badla'

Dhruva Saikia *



Is UP Chief Minister Yogi Adityanath breaking or upholding the law of the land by initiating an unprecedented exercise to make those 'identified' hooligans pay compensation for destroying public property worth crores of rupee during the anti CAA-NRC stir in several parts of the country, including UP?

This move by the resolute UP chief minister is a path breaking step in the world's largest democracy where outburst of public anger is not only free and frequent, but accompanied by violence and hooliganism that hurts at the core of democratic values and mechanism.

When democratic agitators jump over the fence and turn lawbreakers, it becomes somewhat equally tricky for their democratic rulers to maintain an expected decorum, and that explains for Yogi Adityanath's vow to take revenge on those CAA-NRC protesters who took to wanton destruction of public property to vent their anger over a bona fide piece of law.

Now that Yogi is doing what he said, certain sections are trying to ignore the legal obligations associated and instead picking up the Yogi's one word 'badla', which means revenge. Perhaps they expect us to believe that Yogi's action in this context can never be law-abiding because he wanted to take revenge, and exploiting the provisions of law to that end.

But that is not true; Yogi in fact is finding an answer to some legal loophole that renders even eminent jurists in the country unable to help. There is a law to prevent to destruction of public property, but when someone actually carries out the destruction, the court admits that there are limitations there that prevent the court from punishing the guilty.

A leading newspaper Indian Express, in order to examine the veracity of Yogi's attempt at pulling out compensation from lawbreaking CAA-NRC agitators in UP, has completed a survey of property destroying stirs during last four years in BJP ruled UP, Maharashtra, Punjab, Haryana, Haryana besides Delhi ruled by AAP.

Here is a summary of the survey that shows us that compelling the public property destroyers to pay for compensation, though not regular and widespread, is not without instances either. There are instances when the Court has asked the administration to arrange for due compensation to victims for loss of property, and that too not at the cost of the exchequer but drawing it from those responsible for destruction.

So, asking the agitators, who have been properly identified, to pay for compensation, hardly corresponds to revenge. This will be clear from the facts incorporated in the survey -

* December 2018- No notices for damage were sent to anyone by UP police for the killing of UP police inspector Subodh Kumar Singh, posted with Syana police station in Bulandshahr, burning police vehicle and ransacking the police station by a mob led by Bajrang Dal activists after recovery of some cow carcasses in the area.

* February 2016- Jat quota unrest in Haryana led to death of 30 people, 1,800 properties worth Rs 1,100 crore destroyed as per government estimate. No notice was sent and government paid Rs 65.38 crore compensation to people whose private property was damaged.

* August 2017- Following Court orders, Haryana state administration attached properties of Dera Sacha Sauda in Sirsa after Dera Sacha Sauda's Gurmeet Ram Rahim was convicted of rape and his followers, in protest, went on a rampage setting fire to vehicles, government buildings, petrol stations, media vans and railway stations. As many as 40 people were killed. The Punjab and Haryana High Court took cognisance of the violence and ordered recovery of damages from rioters.

* June 2017 and April 2019- No notice was sent for compensation in Madhya Pradesh after farmers' protest in Mandsaur, Madhya Pradesh, turned violent with agitators damaging rail tracks and burning down 27 vehicles. As many as six farmers died in firing by police which suffered heavy stone pelting. The protests later spread across the state. In April 2019 a nationwide Dalit protest against Supreme Court order diluting the SC/ST Atrocities Act turned violent in Madhya Pradesh and there was no notice for compensation.

* In January 2018, No notice was sent by Pune administration to any protestor when Maharashtra witnessed large scale protests by Dalit groups over the Koregaon battle anniversary, in several parts of Pune, Pimpri-Chinchwad and Ahmednagar, stone pelting was reported and a 16-year-old boy, Yogesh Prahlad Jadhav was killed.

"In the past, in context of some political protests, police has sent reports on public property damage to civil administration which is supposed to issue notices. But rarely have any notices been issued or recoveries been made," a senior Maharashtra police officer said.

* Through 2017 and early 2018, parts of Rajasthan witnessed protests from Rajput group Karni Sena over the film Padmavati. Members of the group not only issued death threats to actors such as Deepika Padukone but also indulged in vandalism in Kota and Chittorgarh, where a mirror of the famed fort was broken. No notice was issued to any member of the Karni Sena by Rajasthan administration.

Said Lokendra Singh Kalvi, founder and patron of the Shri Rajput Karni Sena (SRKS): "No notices were issued to any Karni Sena activists in the state during the protests. Moreover, those who were arrested for vandalism in Kota were not Karni Sena activists. And in Chittorgarh, an FIR was indeed filed but it was against unknown persons."

A senior police official said, "After the FIR, we identified the culprits for the vandalism in Chittorgarh and filed a challan. That was the legal process as required in this case, we did not serve any notices."

* The National Capital too witnessed widespread violence and demonstrations in the wake of demolition of a Ravidas temple in Tughlaqabad in August this year. Protestors indulged in arson and vandalism in various parts of Delhi. Scores of cars, bikes and buses were set on fire. Delhi police sources said no action was initiated by the police to recover damages in this case.

These facts in the survey reveal at least three aspects of the so-called democratic, peaceful agitations in our country- they begin peacefully and turn violent, these agitations are exploited by criminals and our law prescribes punitive measures for lawbreakers among the democratic agitators.

It is this survey that also reveals that the states are not well equipped to follow Supreme Court orders which aim at containing violence and loss of public property during an agitation. The newspaper which arranged for this survey quotes a senior Madhya Pradesh police officer, "The MP administration has not sent notices to anyone with regard to any protest in the past few years. In fact, a mechanism to implement the SC order has not been set up fully here, " notwithstanding the Prevention of Damage to Public Property Act, 1984 which punishes anyone "who commits mischief by doing any act in respect of any public property" with a jail term of up to five years and a fine or both. Provisions of this law can be coupled with those under the Indian Penal Code.

The survey also reflects on-

'In 2007, Supreme Court of Indian court took suo motu cognizance of "various instances where there was large scale destruction of public and private properties in the name of agitations, bandhs, hartals and the like", and set up two Committees headed by former apex court judge Justice K T Thomas and senior advocate Fali Nariman to suggest changes to the law.

In 2009, the Supreme Court issued guidelines based on the recommendations of the two expert Committees.

The Thomas Committee recommended reversing the burden of proof against protesters. Accepting the suggestion, the Court said that the prosecution should be required to prove that public property had been damaged in direct action called by an organisation, and that the accused also participated in such direct action.

"From that stage the burden can be shifted to the accused to prove his innocence," the Court said. It added that the law must be amended to give the Court the power to draw a presumption that the accused is guilty of destroying public property, and it would then be open to the accused to rebut such presumption.

Such a reversal of the burden of proof is applicable in cases of sexual violence, among others. Generally, the law presumes that the accused is innocent until the prosecution proves its case.

The Nariman Committee's recommendations dealt with extracting damages for destruction. Accepting the recommendations, the Court said the rioters would be made strictly liable for the damage, and compensation would be collected to "make good" the damage.

"Where persons, whether jointly or otherwise, are part of a protest which turns violent, results in damage to private or public property, the persons who have caused the damage, or were part of the protest or who have organized it will be deemed to be strictly liable for the damage so caused, which may be assessed by the ordinary courts or by any special procedure created to enforce the right," the Court said.

Apart from holding rioters liable and imposing costs, the Court also issued guidelines including directing High Courts to order suo motu action, and to set up a machinery to investigate the damage caused and award compensation wherever mass destruction to property takes place due to protests.'


* Dhruva Saikia wrote this article for e-pao.net
The writer can be contacted at dhroovajit(AT)gmail(DOT)com
This article was webcasted on January 02, 2020 .



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • 11th Th Kishan Memorial Lecture : Gallery
  • Violence in Manipur 2023-2025 : Timeline
  • Shinthoibi, Jangvei, Tamphaton : eMing
  • Manipur crisis & the Left media's blind spot
  • COVID-19: Update 01 July 2025 : Manipur
  • Bombom RK : Musclemania Universe NYC
  • The Grief :: Poem
  • Music Concert & Quiz (MCQ) 2.0
  • SoO agreement unlikely to be scrapped
  • Regulating use of plastic carry bags
  • Mera Houchongba @Kangla #4 : Gallery
  • International Day of Yoga @JNMDA : Gallery
  • BD Behring: The inimitable Gentleman I knew
  • Violence in the name of patriotism : Misguided
  • Daily oral vs long-acting injectable for HIV
  • COVID-19: Update 30 June 2025 : Manipur
  • Smile :: Poem
  • Why was President's Rule imposed ?
  • BJP under pressure to forge unity
  • Kang @Leikai in Imphal : Gallery
  • July Calendar for Year 2025 : Tools
  • COVID-19 : A recurring crisis in Manipur
  • DC Kaith and Forestry in Manipur : Book
  • COVID-19: Update 29 June 2025 : Manipur
  • Longing for Peace :: Poem
  • Black badge, slogan protest by peeved scribes
  • Present the true picture before Delhi
  • Pung-Cholom @ Polo Tournament : Gallery
  • Life: A Journey Through Thought & Being
  • Khongjai Hills & Kuki claim to indigeneity
  • Master Time by Managing Information
  • COVID-19: Update 28 June 2025 : Manipur
  • Pride & patriotism in CCpur's army families
  • The Power of Poppy - 87 :: Poem
  • World Decarbonisation Day: green environment
  • Welcome Home - Nganthoi #2 : Gallery
  • Loss of two precious lives from Manipur
  • Balancing civil liberties with public safety
  • COVID-19: Update 27 June 2025 : Manipur
  • Gender equality & human rights are indivisible
  • Stay hydrated this summer season
  • Silent Half of the Sun :: Poem
  • Connecting the dots in the wishlist
  • Assembly record tampering claims by ex-CM
  • The immortal legacy of Pukhramba Kajao
  • International Day against Drug Abuse 2025
  • COVID-19: Update 26 June 2025 : Manipur
  • Black pottery from Ukhrul - tribal heritage
  • Program on "Mission-Drug Free Campus"
  • Play makes a better world
  • Urgent Appeal to the Honourable MLAs
  • Tribal Empowerment Campaign at CCpur
  • Talk doing the round: PM to come
  • 'Emergency' relief for under-fire BJP
  • Golden Jubilee Art Fair @Imphal : Gallery
  • Declaration: Meetei People Convention, Delhi
  • A Flower Among the Rocks :: Review
  • Book Donation Campaign
  • Improved road connectivity boosts livelihoods
  • To Have Great Dreams :: Poem
  • COVID-19: Update 25 June 2025 : Manipur
  • Regret vs Sorry: Technical & moral insight
  • Cocktail of inept Govt, selfish people
  • State trailing others in cleanliness
  • Colonial Knowledge in NE India #6
  • UHI effect & rising temperatures in Manipur
  • Frequent road blockades cripple economy
  • COVID-19: Update 24 June 2025 : Manipur
  • Unite Health with Community health services
  • NSU, Imphal, tops IIRF Ranking 2025
  • Endless conflict :: Poem
  • Pak nobel pish prize for Trump
  • May 3, 2023 - June 24, 2025: Failure of Delhi
  • Hotter days, sudden rainfall no more a rarity
  • "The Great June Uprising" #2 : Gallery
  • How to Build a Career, Lead with Purpose
  • 2nd Foundation Day- Karnataka Meitei Assn
  • COVID-19: Update 23 June 2025 : Manipur
  • NSCN-IM Amnesty threatens to isolate it
  • Sunset :: Poem
  • Intl Yoga Day for a healthier environment
  • Of clogged drains and plastics
  • Poor roads testify Govt indifference
  • Welcome Home - Nganthoi #1 : Gallery
  • The Silent Erosion of Manipuri Language
  • Design health services around people
  • Serene Hills Host Inspiring Int'l Yoga Day
  • COVID-19: Update 22 June 2025 : Manipur
  • Chopper services between Senapati & Imphal
  • High Court Judges interacted with convicts
  • Redyeing the Fabric :: Poem
  • Differences yet to be resolved stand
  • Border fencing rage as solution eludes
  • Radio E-pao: 14 new songs updated
  • Climate Adaptive Agroforestry
  • Manipur overlooked demographic shifts
  • Young designers shine on Fashion Stage
  • COVID-19: Update 21 June 2025 : Manipur
  • International Day of Yoga at Lamphelpat
  • International Day of Yoga at JNMDA
  • The Power of Poppy - 86 :: Poem
  • Keishampat Lairembi Haraoba #1 : Gallery
  • Crisis in Manipur's Contemporary Education
  • Best 8 Performances in Manipuri Cinema
  • Identity: Caught between China & India ?
  • COVID-19: Update 20 June 2025 : Manipur
  • To The Father Who Listens :: Poem
  • How does net suspension affect youths ?
  • Targeting farmers to cripple state's economy
  • The virus is back and spreading
  • Who is afraid of Manipur ?
  • A threatened lily growing at Shirui Hills
  • World Environment Day in Manipur : Gallery
  • Ambubachi Mela at Maa Kamakhya
  • COVID-19: Update 19 June 2025 : Manipur
  • Dolls made from repurposed vegetable refuse
  • Condemns Attack on Farmer & Killing
  • Abhorrent politics of SoO
  • Police arrogance on harmless drivers
  • "The Great June Uprising" #1 : Gallery
  • Solution from Buddhist & Jain perspectives
  • AI sparks employment concerns in Manipur
  • Greatest Foe :: Poem
  • Chief Justice at Relief Camp, Kangpokpi
  • Call for Recognition of a 3rd Category of IDPs
  • Jun 18, 2001- May 3, 2023: Seed of violence
  • Contract scam in hill districts
  • Colonial Knowledge in NE India #5
  • Spaced Out - Panthung Di Kadaaida! : Rvw
  • Condemns the Killing of Abdul Qadir
  • COVID-19: Update 17 June 2025 : Manipur
  • Thoubal aspirant makes Manipur proud
  • Tamenglong hospital brings quality healthcare
  • Chief Justice at Relief Camp, Mayang Imphal
  • Kuki CM & Sixth Schedule
  • Selective protests, selective silence
  • Nailing the culprits need of the hour
  • UK Meetei diaspora run for Myanmar : Gallery
  • Erwin Khundrakpam : NEET-UG 2025 topper
  • Will we rise to #endAIDS challenge or stumble
  • COVID-19: Update 16 June 2025 : Manipur
  • Appeal to Prime Minister: Manipur Crisis
  • Urges Action on Misinformation
  • Condolences : 2 young cabin crew
  • Grateful To Be Alive :: Poem
  • Making bonfire on the roads
  • Aggression yet again, inspite of playing victim
  • Aftermath of flooding @ Khurai #2 : Gallery
  • Zomia, geopolitics, & the struggle for unity
  • COVID-19: Update 15 June 2025 : Manipur
  • Condolences : Demise of 2 Manipuri Girls
  • Manipur unites in grief after Air India tragedy
  • Hail arms recovery as step toward peace
  • Cleanliness Drive at JNIMS Campus
  • Global Wind Day for a clean environment
  • First came the rain, then the heat
  • Rise in Covid-19 cases
  • Thang-Ta Day @Khuman Lampak #3 : Gallery
  • Meetei diaspora in UK runs for Myanmar victim
  • Manipur empower children with disabilities
  • COVID-19: Update 14 June 2025 : Manipur
  • World Blood Donor Day 2025
  • The Power of Poppy - 85 :: Poem
  • A Northeast Gin Makes Its Mark
  • Mera Houchongba @Kangla #3 : Gallery
  • Saluting Nganthoi, Lamnunthem : Joining hand
  • Condolence : Nganthoi & Lamnunthem
  • From Earth Day to World Environment Day
  • COVID-19: Update 13 June 2025 : Manipur
  • JJM brings clean drinking water to CCpur
  • M.Tech CSE Admission at Assam University
  • Save your nails from damage this summer
  • No takers for Moreh cops' distress call
  • 50 years of Pebet #2 : Gallery
  • Implement Hill Areas (Chief Rights) Act 1967
  • Manipur fields shape India sport future
  • How to Speak Soft and Still Win
  • Thokchom Khoiba : mosquito killer machine
  • Looking for wealthy groom, question you too
  • When is the net ban going to be lifted
  • Stir speculations nix school reopening plan
  • Indo-Naga Talks (From 2012) :: Timeline
  • Colonial Knowledge in NE India #4
  • Namphake Monastery @ Dibrugarh : Gallery
  • Fire safety: preventive measures
  • Peculiar plants & incidents unique to Manipur
  • Artificial Intelligence & environment
  • Cutting off the nose to spite the face
  • Relief for daily wagers as shutdown called off
  • Protest @Checkon -AT arrest [Jun 9] : Gallery
  • The question of territorial integrity of Manipur
  • Animal Farm's allegory in dynamics of Manipur
  • Their hands deserve books, not burdens
  • JNV empowers Tamenglong students
  • We can do better- people with HIV live healthy
  • Bandh: The Cry Beneath the Silence :: Poem
  • Cutting short 240 hours general strike
  • Shutdown lifted, curfew eased, mobile ban
  • Protests - AT arrest [Jun 8 night] : Gallery
  • Review of 'Rain Stopping in Manipur'
  • Highway blockades trigger soaring prices
  • Voice of the Masses :: Poem
  • Congress may claim if none
  • Learning new skills related to AI
  • Delhi, Raj Bhavan: Losing the plot ?
  • CBI arrest after Governor clemency assurance
  • Aftermath of flooding @ Khurai #1 : Gallery
  • Appeals Home Minister not to renew SoO
  • Self-defence :: Poem
  • When will humans learn nature's lessons ?
  • Forgotten voices of drug users in Manipur
  • High-yielding RC Manichakhao-1
  • PC Editorial Blank Space : June 09 2025
  • TSE Editorial Blank Space : June 09 2025
  • Flooding at JNIMS Hospital #2 : Gallery
  • North East NSS Festival @ MU : Gallery
  • 27th Meira Paibi Numit : Gallery
  • Micromanager vs Leader
  • Valedictory Function of NE NSS Festival
  • WED at various campuses in Manipur
  • World Environment Day 2025
  • Trump's tariff legacy & its global echo
  • Flooding at JNIMS Hospital #1 : Gallery
  • Flooding Imphal East [31 May] #3 : Gallery
  • Flooding Imphal East [31 May] #2 : Gallery
  • Flooding Imphal East [31 May] #1 : Gallery
  • Sarangthem Nirupama at Miss Universe India
  • S Nirupama @Miss Universe : Gallery
  • Protesters to Raj Bhavan [May 25]: Gallery
  • Human Chain @Airport road [May 26]: Gallery
  • Miss Shirui Pageant Contestant: Gallery
  • 48 hrs Bandh: protest security forces: Gallery
  • Protest Rally: Journalist harassment: Gallery
  • HSLC 2025: Full Result (Check Roll No)
  • HSLC 2025: Important Info & Grading System
  • HSLC 2025 : Compartmental candidates
  • HSLC 2025 : Comparative Statement
  • HSLC 2025 : Statistical Abstract
  • HSLC 2025 : District Pass Percentage
  • HSLC 2025 : Govt School Pass %
  • HSLC 2025 : Aided School Pass %
  • HSLC 2025 : Private School Pass %
  • People's Convention on 3rd May #2 : Gallery
  • Featured Front Page Photo 2025 #2: Gallery
  • Riya Khwairakpam : HSE Science Topper
  • Keisham Hannah : HSE Arts Topper
  • Warepam Lidia : HSE Commerce Topper
  • HSE 2025 Result : Science Full Result
  • HSE 2025 Result : Arts Full Result
  • HSE 2025 Result : Commerce Full Result
  • HSE 2025 Information / Abbreviation
  • HSE 2025 Topper : Science
  • HSE 2025 Topper : Arts
  • HSE 2025 Topper : Commerce
  • HSE 2025 : Pass Percentage
  • HSE 2025 : Result Abstract
  • HSE 2025 : Candidates with Highest Marks
  • Ougri Lirol :: Part 1 : Ooba Video
  • President's Rule in Manipur : 1967 - 2025
  • Downloadable Manipuri Calendar :: 2025