Citizens forced to tolerate illegalities by political parties during agitations: Madras High Court

The Madras High Court recently expressed concern that ordinary, voiceless citizens are often forced to tolerate illegalities when agitations and demonstrations are carried out by political parties (Pattali Makkal Katchi v. The Additional Chief Secretary and ors)..Justice SM Subramaniam made the observation while declining to quash proceedings initiated against the Pattali Makkal Katchi (PMK) party in relation to the 2013 Marakkanam violence under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (1992 Act)..The incident concerned a clash that is stated to have involved PMK members at a bus stop, which led to the destruction of buses and other public property.."Looking back, this great nation witnessed series of agitations, demonstrations, violations, affecting the public at large. In all such circumstances, ordinary voiceless citizen are forced to tolerate such illegalities committed by political parties or communal, language or ethnic groups. The majority right thinking citizen are the victims and their normal life are being affected to such an extent. Many poor people lost their properties, and huge damages were caused to the public properties. Therefore, the Government of the day is expected to initiate quick and effective actions in such circumstances, where any mischief is committed and damage or loss is caused to the properties," the Court remarked, while dealing with the matter. .The judge further highlighted that the State is bound to act against those who are responsible for such violations of fundamental rights of the common citizen. ."While conducting procession, free access to the schools, offices are prevented. Some occasions, it is absolutely prevented. Our great Nation has witnessed on several occasions, people could not able to reach their offices. The Ambulance services were unable to be operated, result in death of the patients, who required urgent medical attention. People are almost frustrated with such illegal activities of such groups and undoubtedly, the right of a common man to lead a peaceful life, which is enunciated under the Constitution must be ensured by the Government of the day, irrespective of the political party," the order said..The Court added that the ambitions of political parties cannot be achieved by misleading the public or infringing their rights. The conduct, integrity and behaviour of political members are of paramount importance to run an effective and efficient government, it said..The Court went on to opine that while political parties mostly glorify rights, they do not focus on duties, resulting in the commission of offences and unconstitutionalities.."Any citizen claiming any right, must fulfill his duty first, then alone, the right will have sense in the constitutional perspectives. Agitations, processions, assembly, demonstrations, and what not, are being conducted by Political parties or communal, language or ethnic groups, claiming their rights. Under those circumstances, it is the duty of the leaders to remind their duties towards the society and failure would result in action. The political parties of communal, language and ethnic groups and its leaders are duty bound to ensure that the cadres of their respective party or group maintain discipline, while performing such agitations, demonstrations etc., by respecting the public rights of every citizen," the judge added in his order..In this backdrop, Justice Subramaniam also emphasised that the 1992 Act must be effectively implemented to ensure that public rights are protected and that the taxpayers' money is preserved and utilised for public welfare.."The public properties are secured from the tax payers' money. Thus, the Government is accountable and answerable for such damage or loss, if any committed by an act of any person", the Court said..However, the implementation of the 1992 was not visible, despite the lapse of 29 years since its enactment, the Court went on to observe. .A possible reason for such slow implementation would be affiliation of political parties or groups with the ruling party of the Central or State government, the Court said. .The judge directed the authorities to scrupulously implement the Act to protect public property. Ineffective or non-implementation would mean that the government is committing an unconstitutionality, the Court added.."If such offences are committed by the members of the Political party, which is the Ruling party of the Central or State Governments, then the Executives are bound to act independently for the purpose of invoking the provisions of the Act", the order stated..The PMK had moved the High Court challenging a notice directing appearance before revenue authorities to assess if they are liable to pay compensation for the loss of public property under the 1992 Act in relation to the 2013 Marakkanam violence..The Court said that it was not expected to adjudicate on the merits of the case at this stage and that findings should be given only after an enquiry is conducted by the competent authority. .The Court also rejected the contention that the PMK's acquittal in a related criminal case would be a ground to set aside the compensation recovery proceedings under the 1992 Act. The Judge reasoned that the yardsticks adopted in a criminal trial is not comparable to the standards in enquiries conducted to fix liability and award compensation for damages under the 1992 Act. ."To establish a criminal offence under the Indian Penal Code before the competent Court of law, high standard of proof is required. However, no such high Standard of proof is required in such proceedings, where the assessment of damages or losses are to be calculated," the Court said. .The Court disposed of the petition while directing that the proceedings under the 1992 Act should be completed within four months from the date receipt of a copy of the order. .The Court has also directed the State Revenue Department authority to issue a circular to all District Collectors and District Superintendents of Police so that immediate action is taken in the event of any damage or loss to the property under the 1992 Act. ."Failure if any, should be viewed seriously and appropriate actions are to be initiated against the public authorities, who all are responsible and accountable for their lapses, negligence and dereliction of duties," the Court said. .Advocate K Balu appeared for the PMK. Government advocate KMD Muhilan and advocate M Chidambaram appeared for the respondent-State authorities. .[Read Order]