The Central government will amend the Prevention of Damage to Public Property Act, 1984 to deal with damage caused due to agitations, Hartal and Bandh..In a counter affidavit filed in Supreme Court in a case relating to damage caused due to agitation, the Centre submitted that,.“the process has been initiated for amendment of the Prevention of Damage to Public Property Act, 1984 in consultation with the Ministry of Law and Justice. A draft has been prepared and published on the website seeking comments of the public and other stake-holders. 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 Bench of Justices AK Goel and UU Lalit noted the same in its order. The Court also recorded that eight years have passed since its judgment in Destruction of Public and Private Properties, In Re v. State of Andhra Pradesh and Others, [(2009) 5 SCC 212], wherein the Court had issued some guidelines in the absence of a law to deal with the issue..“Since no law has been framed even though 8 years have passed after the matter was dealt with by this Court in the aforesaid judgment, the petitioner has approached this court…...In view of the stand in the counter affidavit and the statement of learned Attorney General, we do hope that the law now proposed by the Union of India is brought into force within a reasonable time to address all concerned issues.”.The Court proceeded to note the submissions made by Attorney General in this regard while also adverting to the suggestion to have one or more district/additional district Judges to deal with such issues either on whole-time basis or on part-time basis..“Learned Attorney General has very fairly stated that the law may provide for speedy mechanism for criminal liability, action for administrative failures as well as remedies to the victims. A suggestion has been made that one or more district/additional district Judges can be appointed by the State Government in consultation with the High Court to deal with such issue either on whole-time basis or on part-time basis, as the situation may require. In such cases cadre strength of the judicial officers may require suitable temporary or permanent increase. This suggestion can be considered in the course of making the proposed law.”.It then disposed of the matter after noting that the petitioner in the instant case “is at liberty to take his remedy at appropriate forum in accordance with law.”.Read the order below.
The Central government will amend the Prevention of Damage to Public Property Act, 1984 to deal with damage caused due to agitations, Hartal and Bandh..In a counter affidavit filed in Supreme Court in a case relating to damage caused due to agitation, the Centre submitted that,.“the process has been initiated for amendment of the Prevention of Damage to Public Property Act, 1984 in consultation with the Ministry of Law and Justice. A draft has been prepared and published on the website seeking comments of the public and other stake-holders. 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 Bench of Justices AK Goel and UU Lalit noted the same in its order. The Court also recorded that eight years have passed since its judgment in Destruction of Public and Private Properties, In Re v. State of Andhra Pradesh and Others, [(2009) 5 SCC 212], wherein the Court had issued some guidelines in the absence of a law to deal with the issue..“Since no law has been framed even though 8 years have passed after the matter was dealt with by this Court in the aforesaid judgment, the petitioner has approached this court…...In view of the stand in the counter affidavit and the statement of learned Attorney General, we do hope that the law now proposed by the Union of India is brought into force within a reasonable time to address all concerned issues.”.The Court proceeded to note the submissions made by Attorney General in this regard while also adverting to the suggestion to have one or more district/additional district Judges to deal with such issues either on whole-time basis or on part-time basis..“Learned Attorney General has very fairly stated that the law may provide for speedy mechanism for criminal liability, action for administrative failures as well as remedies to the victims. A suggestion has been made that one or more district/additional district Judges can be appointed by the State Government in consultation with the High Court to deal with such issue either on whole-time basis or on part-time basis, as the situation may require. In such cases cadre strength of the judicial officers may require suitable temporary or permanent increase. This suggestion can be considered in the course of making the proposed law.”.It then disposed of the matter after noting that the petitioner in the instant case “is at liberty to take his remedy at appropriate forum in accordance with law.”.Read the order below.
