Delhi Riots: High Court Issues Notice On Plea For Recovering Damages From Persons Who Destroyed Public Property

The Delhi High Court has issued notice on a PIL seeking recovery of damages from persons who allegedly indulged in destruction of public property during the North East Delhi Riots that happened in February 2020.

The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla has issued notices to the Ministry of Home Affairs, Delhi government and the Commissioner of Delhi Police. The Bench however directed that various political parties that have been arrayed as Respondents in the matter, may be deleted from the memo.

The matter has been listed for hearing on September 21. Meanwhile, the Respondents have been directed to file their counter-affidavits.

The plea filed by Advocate Hinu Mahajan and law student Amandeep Singh Gahlot states that they personally visited various places of Delhi and were shocked to see the damages caused to public properties during the riots, causing huge loss to the Government Exchequer. It is claimed that the Petitioner had made representations to the Respondents seeking recovery of damages from the concerned persons, however, no response is forthcoming.

It is thus sought that an independent machinery be set up to assess the damage caused during the riots and recover the same from the identified persons. Reliance was placed on Re: Destruction of Public and Private Properties v State of AP, (2009) 5 SCC 212, wherein the Supreme Court had issued guidelines for recovery of damages to public properties during protests.

"In such a situation it is desirable to issue writ of or in the nature of mandamus and/or any other appropriate writs, orders or directions, thereby setting up an independent machinery to investigate the damage caused during anti CAA Protest in Delhi and to award the damage caused during anti CAA Protest in Delhi and to award compensation related thereto and allow him to use all powers and measures mentioned in In Re: Destruction Of Public And Private Properties Vs State of A.P," the plea states.

Advocate Yudhvir Singh Chauhan appeared for the petitioners.

Case Title: Hinu Mahajan v. Union of India