Those giving stir call will be held liable for vandalism: Supreme Court

Protesters vandalise vehicles during last month’s Bharat bandh, in Patna.(PTI/File Photo)

HT, New Delhi, Oct 01, 2018 Expressing concern at rising instances of damage and destruction of private and public property due to mob violence, the Supreme Court on Monday fixed criminal and civil liability on persons, groups or organisations giving a call for agitations leading to violence.

Issuing fresh guidelines on a PIL that raised the issue of ‘destruction of public and private properties by self-appointed keepers of public morality’, the court said, “Persons who have initiated, promoted, instigated or any way caused to occur any act of violence against cultural programmes or which results in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence.”

It said, “In addition to being patently illegal and unlawful, such acts of violence highlight a deeper malaise, one of intolerance towards others’ views, which then results in attempts to suppress alternate view points, artistic integrity and the freedom of speech and expression guaranteed by the Constitution of India.”

Justice AM Khanwilkar, writing for the bench of three judges, said there is “disconcerting rise in protests and demonstrations” targeting exhibition of films and social functions on moral grounds. “People who perpetrate such actions especially against private parties do so without fear of consequence and reprisal probably believing that private parties do not have the wherewithal to hold them accountable for such actions,” the order read.

Deprecating mob violence, the judgment says, “Nobody has the right to become a self-appointed guardian of the law and forcibly administer his or her own interpretation of the law on others, especially not with violent means. Mob violence runs against the very core of our established legal principles... and the state has a duty to protect its citizens against the illegal and reprehensible acts of such groups.” The judgment directs that people associated with agitations that degenerate into cases of mob violence must present themselves before police and help in investigation. “In case persons fail to present himself/herself in such manner without any sufficient reason should be proceeded against as a suspect.”

Underlining the need for a strong mechanism to deal with rising instances of mob violence on moral grounds, the court stressed on the need to have a Rapid reaction team at district level. The judgment also introduced a fresh condition for releasing the rioters on bail ,saying they be released on bail “upon depositing the quantified loss caused due to such violence or furnishing security for such quantified loss”.

The court has also directed the police to maintain a list of various cultural establishments, including theatres, cinema halls, music venues, performance halls and centres and art galleries which have been attacked/damaged by mob violence over the past five years.