Bhubaneswar: Director General of Police (DGP) Rajendra Prasad Sharma on Thursday issued an advisory to all the SPs and DCPs on the liability of mob leaders for damage to public property as per the orders of the Supreme Court.
Asking the SPs and DCPs to implement the orders of the apex court in letter and spirit, the DGP said, “When any act of violence results in damage to property, the concerned police officers should file FIRs and complete investigation as far as possible within the statutory period and submit a report in that regard. Any failure to file FIRs and conduct investigations within the statutory period without sufficient cause should be considered as dereliction of duty on behalf of the concerned officer and can be proceeded against by way of departmental action in right earnest.”
“If there is any unexplained and /or unsubstantiated delay by police in filing FIR /or conducting investigation should be deemed as inaction on the part of the nodal officer. The nodal officer has already been designated as per the instructions communicated vide PCO
No.377/2018 dtd.11.08.2018. While issuing license/permission for processions, terms and conditions, clearly specifying the route, timings and other details should be imposed vide powers conferred under section 30 of Police Act, 1861, Section 4 of Orissa Fire Works
and Loud Speaker (Regulation) Act, 1958, Noise Pollution (Regulation & Control) Rules, 2000”, the top cop said.
Sharma further added, “Wherever there is anticipation of potential trouble or violence, specific conditions shall be imposed after due vetting. Strict instructions should also be issued not to carry any lathi, sword, firearms, explosives, knives etc. In areas where there
is potential for trouble, prohibitory orders under Section 144 CrPC should be imposed. In the event that any such procession/demonstration, turns violent, the officer-in-charge shall ensure that the event is videographed either through police operators or through
private operators and also request such information from the media and other person who would be present. This video should be properly studied and used as evidence. The police shall immediately inform the Crime Branch with reports of the event, including damage, if any, caused. The CID CB shall prepare report and submit to the state government. The CID CB on the basis of the report containing all the necessary details, will move the High Court for appointment of the Claims Commissioner. The Claims Commissioner will then award
compensation.”
The High Court may be apprised through the PP where the person arrested for either committing or initiating, promoting, instigating or in any way causing to occur any act of violence, which results in loss of life or damage to property has applied for bail, may be
granted conditional bail upon depositing the quantified loss caused due to such violence or furnishing security for such quantified loss. In case of more than one person involved in such an act of violence, each one of them shall be jointly, severally and vicariously liable to
pay the quantified loss. If the loss is yet to be quantified by the appropriate authority, the judge hearing the bail application may quantify the amount of tentative damages (which shall be subject to final determination thereof by the Claims Commissioner). It should be
noted that as per the directions of the Supreme Court, if in case any damage to property has occurred because of direct action of the mob/group/political party/organisation etc, their leaders/office bearers should physically present themselves for questioning in the
Police Station within whose jurisdiction the violence and damage occurred, within 24 hours. Any such person(s) failing to present himself/herself without any sufficient reason should be proceeded against as a suspect and a legal process must be initiated forthwith
against him/her including for being declared an absconder in accordance with law, he added further.
