Supreme Court of India
In Re: Destruction of Public & Private Properties v. State of A.P. and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
6 Supreme Court benches have cited this judgment.
What the Court ordered
The writ petitions are disposed of. We express our appreciation for the members of both the Committees and the Chairman of each Committee Justice K.T. Thomas and F.S. Nariman who are to be complimented for the pains taken by them to make recommendations which will go a long way to meet the challenges posed.
Judgment, Para 25
From the headnote
Constitution of India, 1950 - Art. 32 - Power of Court to lay down guidelines - Destruction of property in name of agitations, bandhs and hartals - Suo motu proceedings initiated by this Court - Two Committees appointed; one headed by a retired Judge of this Court Justice K. T. Thomas and the other headed by Mr. F.S. Nariman, a senior lawyer - Held: Recommendations made by the Committees having approval of this Court to become immediately operative as guidelines - Guidelines i) to police to enforce statutory duties and ii) to create a special purpose vehicle in respect of damages for riot cases - The guidelines shall cease to be operative as and when appropriate legislation consistent with the guidelines are put in place and/or any fast track mechanism is created by Statute(s) - Prevention of Damage to Public Property Act, 1984 - Police Act, 1861.
Authorities it was built on
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 1993 Smt. Nilabati Behera Alias Laut Behera (through the Supreme Court Legal Aid Committee) v. State of Orissa and Ors.
- 1951 Commissioner of Police, Bombay v. Gordhandas Bhanji
- 1965 Dwarkanath, Hindu Undivided Family v. Income-tax Officer, Special Circle, Kanpur Andanr.
Where later benches applied it
- 2018 Kodungallur Film Society & Anr. v. Union of India & Ors.
- 2012 V.K. Naswa v. Home Secretary, U.O.I. and Ors.
- 2021 The State of Kerala v. K. Ajith & Ors.
- 2017 State of Gujarat and Another v. The L.R.C.G. and Others
- 2012 In Re: Ramlila Maidan Incident Dt.4/5.06.2011 v. Home Secretary, Union of India & Ors.
- 2013 Dr. Balram Prasad v. Dr. Kunal Saha & Ors.
Of those, 2 relied on · 3 referred to · 1 mentioned
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