IN RE: DESTRUCTION OF PUBLIC & PRIVATE PROPERTIES versus STATE OF A.P. AND ORS.

IN RE: DESTRUCTION OF PUBLIC & PRIVATE PROPERTIES versus STATE OF A.P. AND ORS.

Guidelines recommended by Committees on prevention, investigation, liability, and compensation for destruction of property during agitations, bandhs, and hartals are adopted by the Court and shall operate until suitable legislation or statutory fast-track mechanisms are instituted. Provisions include police duties,...

Source-derived case information.

Parties
Respondent: State of Andhra Pradesh and Ors.; Respondent: Union of India; Amicus Curiae: G.E. Vahanvati; Amicus Curiae: Dr. Rajiv Dhawan
Jurisdiction
India
Judgment Date
16 April 2009
Procedural Posture
Writ Petition (criminal) / Final Disposition
Outcome
Writ petitions disposed of
Legal Topics
Destruction of Property, Bandhs and Hartals, Police Powers, Liability for Damage, Guidelines Issued by Court, Compensation for Damage, Media Regulation, Article 32
Constitutional Law Criminal Law Tort Law Media Law Destruction of Property Bandhs and Hartals Police Powers Liability for Damage +4 more

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Parties

State of Andhra Pradesh and Ors.

Respondent

Union of India

Respondent

G.E. Vahanvati

Amicus Curiae

Dr. Rajiv Dhawan

Amicus Curiae

Procedural Posture

Writ Petition (criminal) / Final Disposition

Legal Issues

  1. 1 Whether guidelines should be issued to prevent destruction of public and private property during agitations, bandhs, and hartals
  2. 2 How liability for damage to property should be assessed and compensation awarded
  3. 3 What role the police and State should play in prevention and investigation

Ratio Decidendi

Guidelines recommended by Committees on prevention, investigation, liability, and compensation for destruction of property during agitations, bandhs, and hartals are adopted by the Court and shall operate until suitable legislation or statutory fast-track mechanisms are instituted. Provisions include police duties, liability of leaders and organisers, videography of incidents, compensation mechanisms including Claims Commissioner, assessment of damages, and approaches to media self-regulation.

Court Disposition

Writ petitions disposed of

Orders

  • Recommendations of Justice K.T. Thomas Committee and F.S. Nariman Committee adopted as immediately operative guidelines
  • Guidelines to police for enforcement of statutory duties issued