Strict Action Must Be Taken Against Political Parties For Damaging Public Property During Demonstrations: Madras High Court Directs State Govt

The Madras High Court has recently observed that political parties and communal, linguistic or ethnic groups who indulge in violence and damage public property during agitations must not be allowed to go scot-free.

The Court made the observations while refusing to quash proceedings initiated against the Pattali Makkal Katchi (PMK) party in relation to the 2013 under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (1992 Act). The alleged incident is said to have occurred when a clash broke out at a bus stop which involved PMK members leading to the destruction of buses and public property.

Justice SM Subramaniam observed,

"Looking back, this great nation witnessed series of agitations, demonstrations, violations, affecting the public at large. In all such circumstances, ordinary voiceless citizen are forced to tolerate such illegalities committed by political parties or communal, language or ethnic groups. The majority right thinking citizen are the victims and their normal life are being affected to such an extent. Many poor people lost their properties, and huge damages were caused to the public properties. Therefore, the Government of the day is expected to initiate quick and effective actions in such circumstances, where any mischief is committed and damage or loss is caused to the properties."

It was further opined that the State must take stringent actions against such persons who are responsible for violating the fundamental rights of ordinary citizens. 

"The voiceless majority citizen are tolerable even while their fundamental rights are violated. They are forced to suffer, which results in an unconstitutionality, for which, the State is accountable and bound to initiate action against all such persons, who are responsible for such violations of fundamental rights of the common citizen. While conducting procession, free access to the schools, offices are prevented. Some occasions, it is absolutely prevented. Our great Nation has witnessed on several occasions, people could not able to reach their offices. The Ambulance services were unable to be operated, result in death of the patients, who required urgent medical attention. People are almost frustrated with such illegal activities of such groups and undoubtedly, the right of a common man to lead a peaceful life, which is enunciated under the Constitution must be ensured by the Government of the day, irrespective of the political party."

It was further opined that the ambitions of political parties cannot be achieved by misleading the people or by causing infringement of the rights of the citizen. The Court emphasised that the conduct, integrity and behaviour of members of such political parties are of paramount importance in order to ensure an efficient government.

 Furthermore, the Court pointed out that political parties must not urge for the exercise of their rights if they fail to perform their constitutional duties thus leading to the commission of various offences and unconstitutionalities. 

"In every sphere, when a right is claimed, the duty is to be reminded of. Rights and duties are inseparable under the Indian Constitution. Any citizen claiming any right, must fulfill his duty first, then alone, the right will have sense in the constitutional perspectives. Agitations, processions, assembly, demonstrations, and what not, are being conducted by Political parties or communal, language or ethnic groups, claiming their rights. Under those circumstances, it is the duty of the leaders to remind their duties towards the society and failure would result in action. The political parties of communal, language and ethnic groups and its leaders are duty bound to ensure that the cadres of their respective party or group maintain discipline, while performing such agitations, demonstrations etc., by respecting the public rights of every citizen", the Court further remarked. 

The Court proceeded to observe that the 1992 Act must be effectively implemented in order to secure public rights and to ensure that tax payers' money is utilized for public welfare. Opining that despite a lapse of 29 years, the State has failed to implement the legislation properly, the Court observed, 

"Though the Act was enacted in the year 1992, the effective implementation of the Act is not visible in the State of Tamil Nadu. 29 years lapsed, it is not made clear in how many cases, compensations are granted, despite the fact that damages or losses are established. Thus, this Court is of an opinion, atleast hereafter, the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, shall be implemented scrupulously by the authorities in order to protect the public properties."

Enumerating that the Executive must act independently in securing the rights of the public at large, the Court further stated, 

"If such offences are committed by the members of the Political party, which is the Ruling party of the Central or State Governments, then the Executives are bound to act independently for the purpose of invoking the provisions of the Act",

The PMK had moved the High Court challenging an inquiry initiated by the Commissioner of Revenue Administration on June 2013 for the recovery of compensation due to the loss of public property under the 1992 Act in relation to the 2013 Marakkanam violence. 

Without expressing any opinion on the merits of the matter, the Court stated that a writ petition against a notice issued for inquiry could not be entertained and that it was up to the PMK to defend itself during the inquiry. 

The Court also rejected the contention that the PMK's acquittal in a related criminal case would be a ground to set aside the compensation recovery proceedings under the 1992 Act.

"To establish a criminal offence under the Indian Penal Code before the competent Court of law, high standard of proof is required. However, no such high Standard of proof is required in such proceedings, where the assessment of damages or losses are to be calculated," the Court reasoned. 

Accordingly, the petition was disposed of by directing that the proceedings under the 1992 Act should be completed within four months from the date receipt of a copy of the order. The State Revenue Department authority was also directed to issue a circular to all District Collectors and District Superintendents of Police so that immediate action is taken in the event of any damage or loss to the property under the 1992 Act. 

"Failure if any, should be viewed seriously and appropriate actions are to be initiated against the public authorities, who all are responsible and accountable for their lapses, negligence and dereliction of duties," the Court cautioned. 

Case Title: Pattali Makkal Katchi v. The Additional Chief Secretary and ors

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