KODUNGALLUR FILM SOCIETY & ANR. versus UNION OF INDIA & ORS.

KODUNGALLUR FILM SOCIETY & ANR. versus UNION OF INDIA & ORS.

The Court held that mob violence during protests and demonstrations highlights a deeper malaise of intolerance, which must be addressed through strict implementation of earlier guidelines in In Re: Destruction of Public and Private Properties and recent case law by evolving comprehensive State-level structures and issuing new directions on structural, preventive and remedial measures, liability, police responsibility, and compensation. The Central and State governments must implement the recommendations within eight weeks.

Parties
Petitioner: Kodungallur Film Society; Respondent: Union of India; Respondent Counsel: Aman Lekhi; Respondent Counsel: Rohit Bhat; Respondent Counsel: Ms. Madhavi Diwan; Respondent Counsel: Ms. Charanya L. for B.V. Balaramdas
Jurisdiction
India
Judgment Date
01 October 2018
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
petition disposed of
Legal Topics
Mob Violence, Damage to Public and Private Property, Freedom of Speech and Expression, Police Accountability, Compensation, Public Order, Protests and Demonstrations
Constitutional Law Criminal Law Administrative Law Mob Violence Damage to Public and Private Property Freedom of Speech and Expression Police Accountability Compensation +2 more

Case Brief

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Parties

Kodungallur Film Society

Petitioner

Union of India

Respondent

Aman Lekhi

Respondent Counsel

Rohit Bhat

Respondent Counsel

Ms. Madhavi Diwan

Respondent Counsel

Ms. Charanya L. for B.V. Balaramdas

Respondent Counsel

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 How should the State respond to mob violence during protests and demonstrations against cultural programs and establishments, resulting in damage to public and private property?
  2. 2 Are the existing guidelines for preventing damage to property during such violence adequate, and should new directions be issued?

Ratio Decidendi

The Court held that mob violence during protests and demonstrations highlights a deeper malaise of intolerance, which must be addressed through strict implementation of earlier guidelines in In Re: Destruction of Public and Private Properties and recent case law by evolving comprehensive State-level structures and issuing new directions on structural, preventive and remedial measures, liability, police responsibility, and compensation. The Central and State governments must implement the recommendations within eight weeks.

Court Disposition

petition disposed of

Orders

  • Recommendations/directions to Central and State governments to implement measures for structural and preventive action, remedies to minimize mob violence, liability of violators, police accountability, and compensation, preferably within eight weeks.
  • Guidelines from In Re: Destruction of Public and Private Properties, Tehseen S. Poonawalla, and Shakti Vahini to be strictly followed.