Summary
The Supreme Court issued supplementary interim measures against protests turning into mob violence, including attacks on cultural establishments and damage to public or private property. It applied the Tehseen Poonawalla framework alongside the earlier destruction-of-property guidelines and assigned preventive, investigative and remedial responsibilities to district nodal officers and State authorities. The directions addressed rapid response, reporting, evidence, accountability, compensation and conditional bail linked to quantified loss. Governments were to implement them expeditiously, preferably within eight weeks; the writ petition was disposed of.
Issues
- What further measures were required to prevent mob violence directed at expression, cultural establishments and property.
- How nodal officers and police should respond, investigate and remain accountable.
- How perpetrators and organisers should face questioning, compensation claims and appropriate bail conditions.
- Whether the Court should assess the efficacy of the proposed statutory amendments.
Held
- Private groups could not impose their interpretation of law through threats or violence. The State had a duty to protect citizens, prevent such conduct, bring offenders to account and address law-enforcement failures. (¶¶ 7, 8, 9)
- The earlier destruction-of-property guidelines remained comprehensive and applicable. Tehseen Poonawalla’s framework was extended to peaceful protests turning into mob violence; the additional measures were interim, non-exhaustive and supplementary. The Court left assessment of the proposed amendment Bill’s efficacy open. (¶¶ 3, 9, 15, 16)
- Nodal officers were to maintain updated lists of cultural establishments and identify vulnerable ones, while States were to establish trained rapid-response teams, helplines and online reporting portals. Carrying prohibited weaponry during protests attracted the stated prima facie inference of violent intent and action according to law. (¶ 16, A(a)–(e))
- Response measures included coordination with emergency services, consideration of minimally injurious non-lethal crowd control, earnest arrests of on-site offenders and communications to restore peace. Any contemplated restrictions on online communications required an enabling legal provision, a warranted situation and action according to law. (¶ 16, B(a)–(e))
- Calls to violence resulting in property damage required appropriate legal action against the persons concerned. Leaders and office-bearers of a protesting group whose demonstration caused violence and damage were to present themselves for questioning within twenty-four hours; unjustified failure called for legal process in accordance with law. (¶ 16, C(a)–(b))
- Conditional bail could involve deposit of the quantified loss or security; the direction also addressed joint, several and vicarious liability where multiple persons were involved. If loss was unquantified, the bail judge could assess tentative damages, subject to final determination, after hearing the prosecuting State or agency under the earlier compensation principles. (¶ 16, C(c))
- Police were to register FIRs, investigate within the statutory period as far as possible and report progress. Unjustified failures could attract departmental action, including accountability of the nodal officer. Directions also covered videography, publication of investigation/trial status and coordination with prosecutors on acquittal appeals. (¶ 16, D(a)–(e))
- Persons initiating, promoting, instigating or otherwise causing the specified violence were liable to compensate victims for loss of life or damage to movable or immovable public or private property. Claims were to follow the earlier destruction-of-property procedure, which included establishing the nexus, a Claims Commissioner’s report and judicial determination after hearing parties. (¶¶ 3, quoted paragraph 15, 16, E(a)–(c))
- Central and State governments were directed to implement the recommendations expeditiously, preferably within eight weeks. The writ petition was disposed of in those terms. (¶¶ 18, 20)
Result
Writ petition disposed of with supplementary interim preventive, remedial, accountability and compensation directions; Central and State governments to implement them expeditiously, preferably within eight weeks.