[Anti-CAA Protests] FIRs Registered To Probe Property Damage, Claim Commissioner Appointed: Delhi HC Closes PIL

The Delhi High Court has disposed of a public interest litigation seeking recovery of damages from persons who allegedly indulged in destruction of public and private properties during the protests against Citizenship (Amendment) Act, 2019.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that once Claim Commissioner has already been appointed to consider grant of compensation and that FIRs have already been registered by Delhi police, no further orders are required to be passed in the matter.

In an affidavit filed in the plea, Delhi Police informed court that out of the total 541 FIRs registered against those who damaged public and private properties, only eight have been decided in courts and trial is pending in 51 percent of the cases.

As reported earlier, the reply dated September 20, 2022 revealed that while trial is pending in 276 cases, investigation is yet to be completed in 213 cases.

A total of 23 FIRs were registered in 2020 against those accused of damaging public properties including a temple, masjids, CCTV cameras, police booths and barricades. On the other hand, 518 FIRs were registered against the damage caused to private properties such as shops, houses and personal vehicles. 

The Delhi Police also informed court that Justice (retd.) Sunil Gaur has been appointed as the Claim Commissioner to investigate the damages and for awarding compensation relating to the riots.

“In the considered opinion of this Court, once the Claim Commissioner has already been appointed and is dealing with the issue in question for grant of compensation and further considering that FIRs have been registered, no further orders are required to be passed in the present writ petition. Accordingly, the petition is disposed of, along with pending application(s), if any,” the court said.

The court had issued notice in the PIL in March last year and sought responses from Ministry of Home Affairs, Delhi Government and Delhi Police.

Filed by an advocate and a law student, the PIL claimed that they personally visited various places in the city and were shocked to see the damages caused to public properties during the riots and the resultant huge loss to the government exchequer.

The PIL prayed that an independent machinery be set up to assess the damage caused and for recovery of the same from identified persons.

Calling the contentions raised in the plea as false and baseless, the Delhi Police in the status report had said the police authorities acted promptly, vigilantly and effectively in a "professional manner" during the riots.

Advocates Yudhvir Singh Chauhan, Shivangi Shokeen and Aditya Sharma appeared for the petitioners. 

Case Title: Hinu Mahajan v. Union of India

Citation: 2023 LiveLaw (Del) 142

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