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

Citation: [2009] 6 S.C.R. 439 · Decided: 16-04-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

• 
[2009] 6 S.C.R. 439 
IN RE: DESTRUCTION OF PUBLIC & PRIVATE 
PROPERTIES 
STATE OF A.P. AND ORS. - RESPONDENTS 
(Writ Petition (CRL.) NO. 77 of 2007) 
APRIL 16, 2009 
[DR. ARIJIT PASAYAT, LOKESHWAR SINGH PANTA 
AND P. SATHASIVAM, JJ.] 
A 
B 
Constitution of India, 1950 - Art. 32 - Power of Court to C 
lay down guidelines - Destruction of property in name of 
agitations, bandhs and harta.ls - Suo motu proceedings 
initiated by this Court - Two Committees appointed; one 
headed by a retired Judge of this Court Justice K. T. Thomas 
and the other headed by Mr. F.S.Nariman, a senior lawyer-
D . 
Held: Recommendations made by the Committees· having 
approval of this Court to become immediately operative as 
guidelines - Guidelines i) to police to enforce statutory duties 
and ii) to create a special purpose vehicle in respect of 
damages for riot cases - The guidelines shall cease to be E 
operative as and when appropriate legislation consistent with 
the guidelines are put in place and/or any fast track 
mechanism is created by Statute(s) - Prevention of Damage 
to Public Property Act, 1984 - Police Act, 1861. 
Taking a serious note of various instances of large 
F 
scale destruction of public and private properties in the 
name of agitations, bandhs, hartals and the like, suo motu 
proceedings were initiated by this Court. 
Two Committees were appointed in this regard, one G 
headed by a retired Judge of this Court, Justice K.T. 
Thomas and the other headed by F.S. Nariman, a senior 
member of the legal profession. 
439 
H 
440 
SUPREME COURT REPORTS 
[2009] 6 S.C.R. 
A 
Disposing of the Writ Petitions on consideration of 
, 
the reports submitted by the two Committees, the Court 
HELD:1.1. The report submitted by Justice K.T. 
Thomas 
Committee 
has 
made 
the 
following 
8 
recommendations:(i) The Prevention of Damage to Public 
Property Act, 1984 (POPP Act) must be so amended as 
to incorporate a rebuttable presumption (after the 
prosecution established the two facets) that the accused 
is guilty of the offence; (ii) The POPP Act to contain 
-1 
provision to make the leaders of the organization; which 
C calls the direct action, guilty of abetment of the offence; 
(iii) The POPP Act to contain a provision for rebuttable 
presumption and (iv) Enable the police officers to arrange 
videography of the activities damaging public property. 
The recommendations are wholesome and need to be 
D accepted. [Paras 4 and 6] [446-B-D; 450-C] 
1.2. To effectuate the modalities for preventive action 
and adding teeth to enquiry/investigation following 
·guidelines are to be observed: As soo.n as there is a 
E demonstration organized: (I) The organizer shall meet the 
police to review and revise the route to be taken and to 
lay down conditions for a peaceful march or protest; (II) 
All weapons, including knives, lathis and the like shall be 
prohibited; (Ill) An undertaking is to be provided by the 
F organizers to ensure a peaceful march with, marshals at 
.. 
each relevant junction; (IV) The police and State 
Government shall ensure videograph of such protests to 
the maximum extent possible; (V) The person in. charge 
to supervise the demonstration shall be the SP. (if the 
G situation is confined to the district) and the highest police 
officer in the State, where the situation stretches beyond 
one district; (VI) In the event that demonstrations turn 
violent, the officer-in-charge shall ensure that the events 
are videographed through private operators and also 
request such further information from the media and 
H 
IN RE: DESTRUCTION OF PUBLIC & PRIVATE PROPERTIES. 441 
others on the incidents in question. (VII) The police shall 
A 
immediately inform the State Government with reports on 
the events, including damage, if any, caused by the 
police; (VIII) The State Government shall prepare a report 
on the police reports and other information that may be 
available to it and shall file a petition including its report 
B 
in the High Court or Supreme Court as the case may be 
for the Court in question to take suo motu action. [Para 
-t 
7] [450-D-H; 451-A-D] 
2.1. The basic principles as suggested by Nariman c 
Committee are as follows which are found to be 
appropriate: (1). The basic principle for measure of 
damages in torts (i.e. wrongs) in property is that there 
should be 'restituto in interregnum' which conveys the 
idea of "making whole". (2) Where any injury to property D 
. is to be compensated by damages, in se

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