india

Updated: Dec 31, 2019 01:08 IST

The Delhi Police have decided to make protesters pay for damages to properties during agitations against the Citizenship (Amended) Act, or CAA, in the national capital. As a first step, the city police have approached the Delhi High Court through its Registrar General to appoint a Claims Commissioner to estimate the damages to properties caused allegedly by protesters in various demonstrations held in the city since December 13.

The move comes after Uttar Pradesh chief minister Yogi Adityanath announced that his government will confiscate properties of those involved in violence during the anti-CAA protests, and compensate for the damage caused to public property.

Explaining the Delhi Police move, deputy commissioner (crime branch) Joy Tirkey said, “The Claims Commissioner will help us estimate the damages and investigate liability in the interest of justice as per guidelines passed by the Supreme Court in its judgment on April 16, 2009 in Writ Petition (C) No. 77/2007, titled Destruction of Public and Private Property versus State of Andhra Pradesh and others.”

Tirkey said once the appointment of Claims Commissioner is done, all guidelines issued by the Supreme Court will be followed during the investigation and also while fixing the responsibility for the damage caused.

“The liability will be borne by the actual perpetrators of the crime as well as organisers of the event,” Tirkey said, explaining the legal guidelines.

At least 10 public and private vehicles, including buses, were torched and over 20 others were damaged during protests against CAA in Jamia Millia Islamia, New Friends Colony, Daryaganj, Seelampur and Jafarabad. Over 100 people, including students, protesters and police personnel, were injured in these clashes earlier this month.

The city police have already constituted a special investigation team (SIT) to probe all 10 cases of rioting, arson, attempt to murder, and damage to public and private properties registered in connection with the violence. A total of 64 people, including Bhim Army chief Chandrashekhar Azad, have been arrested.

This is the first time that the Delhi Police have sought the appointment of a Claims Commissioner to estimate damage to property and fix the responsibility. DCP Tirkey said the decision was taken keeping in view the “widespread damage to public and private property”.

The guidelines say that in each case, the high court or the Supreme Court may appoint a sitting or a retired high court judge or a district judge as a Claims Commissioner, Tirkey said.

Tirkey said the Claims Commissioner may ask for video or other recordings to assess the damage and establish a link with the perpetrators. As per the guidelines, damage causing injury or death to a person or persons, cost of the actions by the authorities to take preventive actions will also be assessed.

Reacting to the police’s move, senior BJP leader and spokesperson GVL Narasimha Rao said the action in UP as well as the plan by the Delhi Police were in accordance with legal norms.

“Under the Prevention of Damages to Public Property Act and guidelines framed by the honourable Supreme Court and the Allahabad High Court, clearly direct the police to recover damages from those engaged in arson and destruction of public property. If, (any) state police has initiated this action, it is in conformity with the directions of the honourable courts of this country and it will also have widespread public support as we cannot allow people to destroy public property with impunity,” Rao said.

He said the actions of the police would not be arbitrary since courts will oversee there is no misuse of powers.

Despite repeated attempts, the Delhi government did not comment on the police’s move.

“It’s quite a distinction from what the UP police have done. They have chosen not to act unilaterally. While orders are being sought from the court by the Delhi Police, it would be interesting to see whom the court appoints to hear the other side. Whether it is the Delhi government or the Union government,” senior advocate Sanjay Hegde said.