Karnataka HC Appoints Retd Justice H S Kempanna As Claims Commissioner To Estimate/Investigate Damages Caused To Property In Bengaluru Riots Case

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi directed the state government to within one week from the web hosting of the court's order, issue a notification appointing him. The State is also directed to provide infrastructure to the Claims commissioner such as office, furniture, vehicles and adequate staff to the claims commissioner. "Claims commissioner is a Retd judge of this court the state government will consult him on infrastructure he needs. State may also fix remuneration considering his status as a Retd judge of this court," the bench said.

The court also directed the State government to give wide publicity regarding the appointment of the claims commissioner and call upon persons whose property has been destroyed or damaged to submit the particulars before the claims commissioner to enable him to assess the damages. The public notice a draft of which has to be approved by the claims commissioner, should also call upon members of the public to submit existing videos and any other recordings to the claims commissioner to fix the nexus of perpetrators with the damage. State government and the police machinery will also be free to submit videos or any other recordings, if any, act of causing damage to public property to the claims commissioner, the order said.

The bench in its order also clarified that considering the situation created by the pandemic it will be open for the claims commissioner to conduct the proceedings before him via video conferencing which will also include recording of statement by video conferencing, by doing so claims commissioner will be guided by the Video conferencing rules framed by this court.

The State Government had approached the court seeking to appoint a Claims Commissioner. It has relied on the directions issued by the Supreme Court of India, in its judgment dated 16.04.2009, in Re: Destruction of Public and Private Properties, (2009) 5 4 SCC 212, for the appointment of the Claims Commissioner.

The plea stated that on the evening of August 11, a mob of around 300 people gathered near D.J. Halli Police Station, protesting against an allegedly derogatory comment on Prophet Mohammed, posted by one P. Naveen on his Facebook page. An FIR was lodged on the basis of a complaint submitted by one Firdous Pasha, for offences under Section 295-A and 153 of the Indian Penal Code.

Despite the registration of the FIR and the best efforts of the police to pacify the crowd, the mob that had gathered outside the Police Station refused to disperse and only increased in numbers. They then proceeded to gather outside the residence of Akhanda Srinivasa Murthy, who is an MLA, from Pulikeshi Nagar constituency and caused extensive damage to his house and property.

The mob was then joined by a large number of miscreants from adjoining areas and they began to set fire to police vehicles and attacked police personnel of D.J. Halli and K.G. Halli Police Stations, by throwing stones at the building and attacking them with deadly weapons. Later, the mob resorted to arson and set fire to the basement of the D.J. Halli Police Station building and destroyed Government properties located within the premises of the Police Station.

More than 80 police personnel were injured in the violence. The mob also burnt private vehicles and property, caused extensive damage to buildings of private and commercial establishments, and also looted them. A total of 64 criminal cases have been registered so far and investigation is under process.