NILADRI SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In pursuance to the previous order, learned Advocate General has filed the report in the form of affidavit today disclosing the details of the FIRs which have been registered in the Howrah Police Commissionerate, Howrah Rural, Barasat Police District, Murshidabad Police District, Jangipur Police District, Krishnanagar Police District, Kharagpur Government Railway Police (GRP), Sealdah GRP, Bidhannagar Police Commissionerate and Diamond Harbour Police District against the miscreants. The affidavit also discloses the arrests which have been made in these districts in pursuance to the FIR.

(2.) Learned Advocate General has submitted that the State authorities are collecting the video footages to identify the miscreants for the purpose of taking action against them. He has also submitted that in last 48 hours no untoward incident has taken place. He has referred to the judgment of the Hon'ble Supreme Court in the matter of Destruction of Public and Private Properties, In Re vs. State of Andhra Pradesh and Others reported in (2009) 5 SCC 212 wherein Hon'ble Supreme Court had issued guidelines for adoption in the absence of legislation to assess damage. In terms of the said guidelines the action is required to assess the damage caused to public and private properties in the name of agitation, bandh, hartal etc. and to award compensation related thereto. The guidelines further provide for summoning of video or other recordings from private and public sources to pin point the damage and establish nexus with the perpetrators of the damage and the liability will be borne by the actual perpetrator of the crime as well as the organizers of the event giving rise to the liability.

(3.) Learned Advocate General has referred to the Sec. 15A, 15B and 15C of the West Bengal Maintenance of Public Order Act, 1972 as amended by the West Bengal Maintenance of Public Order (Amendment) Act, 2017. These amended provisions provide for punishment for committing mischief in respect of property, compensation in addition to any punishment and power of the State Government to impose collective compensation and read as under: