Declaring the bandh, road blockade , rail blockade unconstitutional the Guwahati high court issued following guidelines to be observed in above cases.
1) Road blockades and rail blockades are nothing
but variants of bandh; therefore, those are also illegal and unconstitutional.
2) If any organization
calls for an Assam bandh or state-wide road blockade/rail blockade and enforces
the same, first information shall be lodged by the Commissioner of Police,
Guwahati city or by any of his subordinate officer whom he may authorize before
the Panbazar Police Station within 24 hours of such bandh/blockade, whereafter
written information shall be furnished by the Commissioner of Police, Guwahati
city to the Commissioner and Secretary to the Government of Assam, Home and
Political Department within 3 to 7 days of lodging of first information with
case details.
3) In case of a district bandh or a bandh
covering more than one district or a local bandh or a blockade of either road
or rail of similar nature, the jurisdictional Superintendent of Police shall
lodge first information before the competent police station within 24 hours of
such bandh or blockade, whereafter the said Superintendent of Police shall
inform the Commissioner and Secretary to the Government of Assam, Home and Political Department about lodging
of first information with case details within 3 to 7 days of lodging of first
information.
4) Investigating Officers in all such cases
shall carry out investigation expeditiously and file charge-sheets before the
competent criminal court promptly so that the offenders can be tried in a fast
track mode.
5) Assam Police Accountability Commission shall
monitor filing of first information and registration of cases as per direction
Nos. 2, 3 and 4 above. In case of any default or non seriousness in complying
with the above directions, appropriate action may be taken by the Assam Police
Accountability Commission in accordance with law. 5.1) In addition, Assam
Police Accountability Commission shall submit monitoring report to the
Registrar (Judicial), Gauhati High Court, Guwahati once every three months.
6)
Commissioner and Secretary to the Government of Assam in the Home and
Political Department, within 7 days of receipt of information as per direction
Nos. 2 and 3 above,
shall file contempt
petition(s) against the organizers and
the main office bearers of such organizations calling bandhs and blockades
before this Court, wherein particulars of criminal cases registered against the
organizers shall be furnished.
7) If
there is any default in carrying out direction Nos. 2, 3, 4 and 6 above, that
would be treated as dereliction of duty by the concerned authority, who would,
thereafter, be liable to face departmental action, besides exposing themselves
to committing contempt of court.
8) Registrar (Judicial), Gauhati High Court,
Guwahati shall maintain a record of monitoring reports submitted by Assam
Police Accountability Commission. On receipt of each report, he shall examine
whether any related contempt petition has been filed in terms of direction No.
6 above, if the occasion had so arisen. If no such contempt petition has been
filed, he shall register a contempt case against the organizers and persons
concerned which may include the Commissioner and Secretary to the Government of
Assam in the Home and Political Department for failure to take steps in terms
of direction No. 6.
9) Government of Assam in the Home and Political
Department shall make an assessment of loss caused to the State on account of
bandh or blockade, be it state-wise or district-wise or locality wise, which
shall be recoverable from the organizers and main office bearers of such bandh
or blockade as arrears of land revenue.
10) Government of Assam in the Home and
Political Department shall constitute a Bandh Loss Compensation Fund within a
period of 3 (three) months from today, which will be managed by an authority
headed by a retired District and Sessions Judge and which may include one
Administrative Officer, retired or serving. The authority may take assistance
of an assessor or a valuer while examining or assessing claim for compensation.
11) The quantum of loss recovered under
direction No. 9 shall be deposited by the Government of Assam in the Home and
Political Department into the Bandh Loss Compensation Fund.
12) All
claims for compensation for loss to person or property because of bandh and
blockade shall be decided by the authority of the Bandh Loss Compensation Fund
by evolving its own procedure, which should however ensure quick settlement of
such claims. Claims can be lodged by private individuals, both private and
public bodies, juristic persons etc.
13) Claim of the
petitioner shall be placed before the Bandh Loss Compensation Fund immediately on
its constitution, whereafter the same shall be decided by the authority of the
fund in accordance with law. 36.
Since the above directions have been issued in the nature of guidelines
and would hold the field till enactment of appropriate legislation by the
State, it would be open to the State of Assam in the Home and Political
Department to seek clarification, if the occasion so arises.
37. Copy of this judgment and order may be
furnished to the Chairman, Assam Police Accountability Commission, Chief
Secretary to the Government of Assam, Commissioner and Secretary to the
Government of Assam, Home and Political Department, Director General of Police,
Assam and Registrar (Judicial), Gauhati High Court, Guwahati
Lower
Assam Inter District Stage Carriage Bus Owner's Association Vs The State Of
Assam And 11 Ors, Case No. : Wp(C) 7570/2013 Decided On 19/03/19
No comments:
Post a Comment