‘Stringent punishment’ for people involved in such acts
The private properties in the State would soon be within ambit of the law relating to the damage of public properties and if damaged in “undesirable activities” would be eligible for compensation from the State while persons found involved in direct action would be given “stringent punishment”.
The decision to this effect was taken after Chief Minister Mehbooba Mufti placed the Jammu and Kashmir Public Property (Prevention of Damage) Amendment Ordinance, 2017 before the cabinet chaired by her on Tuesday, sources said.
During the meeting, the cabinet after discussing the ordinance seeking to amend the law relating to damage of public property and to provide for effective prevention of undesirable activities of individuals and organisations relating to the damage to public and private properties approved amendment in the Jammu Kashmir Public Property (Prevention of Damage) Act, 1985.
The government hopes that this amendment would prove effective in dealing with the elements involved or abetting in direct action resulting in damage to private as well as public property.
The decision comes in the backdrop of the directions passed by the Supreme Court in the case ‘In Re-destruction of Public and Private Properties versus the State of Andhra Pradesh and others’ and key concerns about preventing damage to private and public property due to direct action and to provide stringent punishment to persons found involved in direct action.
According to sources, the cabinet gave approval to the memorandum submitted by the Home department that is headed by the chief minister and sent it to Governor Narinder Nath Vohra for his assent to the promulgation of the Jammu and Kashmir Public Property (Prevention of Damage) Amendment, Ordinance, 2017.
Earlier, a Public Interest Litigation ‘Khosy Jacob versus Union of India and Others’ was filed before the Supreme Court and the petitioner had sought implementation of directions passed by the apex court in a case ‘In Re-destruction of Public and Private Properties versus State of Andhra Pradesh and Others’.
In the ‘In Re-destruction of Public and Private Properties versus State of Andhra Pradesh and Others’ case, a three-judge bench of the Supreme Court taking serious note of various instances involving large scale destruction of public and private properties due to agitations, bandhs, hartals and the like had initiated suo motu proceedings.
The apex court after perusing various reports, appointed two committees, one headed by Justice K T Thomas, a retired judge of the Supreme Court and the other committee headed by Fali Nariman, a senior counsel.
After both the committees submitted the recommendations to the apex court, the Supreme Court approved them and ordered their immediate approval.
