PFI Hartal: Kerala High Court Directs Claims Commissioner To Commence Proceedings For Quantification Of Damages From Next Week

The Kerala High Court on Tuesday directed the Claims Commissioner to commence proceedings for quantification of the loss caused on account of Flash Hartal called by Popular Front of India (PFI) in September 2022, from next week onwards.

The Division Bench consisting of Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C.P said:

"Claims Commissioner to commence proceedings for quantification of the loss caused on account of the overt acts on 23.09.2022 from next week onwards and the State of Kerala and its officials are hereby directed to afford such assistance required to the Claim Commissioner for commencing the proceedings."

The Court has requested the Claims Commissioner to be present before it on the next date of hearing.

The State earlier presented the district-wise details of the properties attached. The court was told there were some disputes with regard to the property attached in Malappuram district, where objection was raised stating that the property attached does not belong to the office bearers of PFI or that the owners of the property do not have any connection with it. The government said the genuineness of the objections would be examined and necessary actions would be taken in accordance with the law. 

The court said it had directed the attachment of the properties belonging to the PFI and its officer bearers who had given the call for flash hartal. "No properties other than the above could have been proceeded much less attached under the cover of the earlier orders," it clarified.

It directed the Additional Secretary to Government, Home Department to furnish details showing the link of the persons, whose properties were attached, with the PFI. The court has also directed the officer to show the valuation of the properties attached, in the affidavit.

The Court had previously ordered attachment of the properties belonging to the PFI and its office bearers since they failed to deposit Rs. 5.20 Crores towards the damage caused during the flash hartal in September 2022.

The matter has been posted for further consideration on February 2.

Case Title: Kerala Chamber of Commerce and Industry v. State of Kerala and Malayalavedi v. State of Kerala