Bill passed to add more teeth to ‘Maintenance of Public Order Act’ : Attach the property of the accused involved in damaging the government or any private properties, looting or setting them on fire

MP, 21 Feb 2023, Kolkata: The West Bengal Maintenance of Public Order (Amendment) Bill, 2023 was passed in the Assembly enabling the state government to attach the property of the accused involved in damaging the government or any private properties, looting or setting them on fire, so that compensations can be given to the victims by auctioning the attached properties. 

The state will amend the existing West Bengal Maintenance of Public Order Act, 1972 for enforcing deterrent punishment for the accused in case of offences like damaging properties both the government and private. 

The Bill contains the provision for attachment of the property of the accused by an order from the appropriate court for providing compensation to the victims. 

The Bill further provides provision for the realisation of funds selling in a public auction the attached property under this Act. 

As per the provision of the Bill, the state government can attach any properties or an asset, tangible or intangible, corporeal or incorporeal, movable or immovable. 

In case of any such incident, the victim can apply for compensation within 60 days from the day of the incident and the interim attachment of the property of the accused can be done within 180 days based on a judgment by any appropriate court of law. 

The Bill has also provisions for creating funds for giving compensation to the victims. The new Bill will allow the state to handle such cases more stringently. The state will have the power to attach the property of the accused who will be involved in any such incidents. 

https://www.millenniumpost.in/bengal/bill-passed-to-add-more-teeth-to-maintenance-of-public-order-act-509419

What SC said? 

The Supreme Court has often raised concern over the damage to public property during agitations, saying the country cannot be held to ransom and that it will lay down parameters for fixing accountability for the losses. 

The top court had in 2007 initiated suo motu proceedings and set up two committees - one headed by a Justice (Retd) KT Thomas and the other headed by noted jurist Fali S Nariman. 

While the Thomas Committee recommended that the Prevention of Damage to Public Property Act, 1984, must be so amended, the Nariman committee has suggested that leaders of the agitation should be made absolutely liable for the destruction of properties by their supporters and there should be self-regulation on the part of the media. 

SC guidelines 

The SC guidelines say that rioters be made strictly liable for the damage, and compensation would be collected to "make good" the damage. The apex court directed the High Courts to order suo motu action and to set up a machinery to investigate the damage caused and award compensation wherever mass destruction to the property takes place due to protests. Appointment of claims commissioner 

The SC also directed to appoint a sitting or retired high court judge or district judge as a "claims commissioner" to estimate the damages and probe liability. An assessor can also be appointed to assist the claims commissioner. Reportedly, the Delhi Police has written to the high court requesting it to appoint a claims commissioner to draw an estimate of the damage of properties during the anti-CAA protests and "investigate liability". In a letter to the Registrar General of the Delhi High Court, the police said during the anti-Citizenship Amendment Act protests, there has been a "massive and extensive" damage to public and private properties causing "huge losses to government exchequer". 

https://www.oneindia.com/india/damage-to-public-property-who-bears-the-cost-and-what-the-supreme-court-said-3005993.html