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LATEST NEWS UPDATES | Derecognize parties for blockade? SC asks Centre-Dhananjay Mahapatra

Derecognize parties for blockade? SC asks Centre-Dhananjay Mahapatra

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published Published on Jul 18, 2012   modified Modified on Jul 18, 2012
-The Times of India

The Supreme Court on Tuesday asked the Centre whether political parties should be de-recognized calling for blockade of rail and road as part of their agitation which severely disrupted lives of ordinary citizens and movement of essential items, including foodgrains.

A bench of Justices G S Singhvi and S J Mukhopadhaya posed this question to solicitor general R F Nariman as soon as he presented the Centre's suggestions to counter the prolonged blockade of rail and road by protestors.

Among the radical suggestions to counter situations like blockade of highways linking Manipur to the rest of the country by Naga groups for nearly four months last year, the Centre agreed to entrust the judiciary the task of scrutinizing the administrative action to tackle such crises.

If a blockade continued beyond a week, then the principal secretary home or the director general of police would send a report to the HC concerned. "The High Court will examine the efforts made at different levels, fix responsibility for failure and call upon the delinquent officers to explain their conduct and issue such orders as may be considered appropriate," the Centre suggested.

The court had sought the Centre's suggestion in view of the long blockade of rail traffic by protestors in Rajasthan. The Centre said that based on intelligence input, the state police would endeavour and take steps to foil any such blockade.

If the blockade continued beyond five days, the state must request the Centre "to direct the Director General of railway Protection Force or Director General of the Central Reserve Police Force (CRPF) or any other paramilitary force available at the command of the Centre to initiate the desired preventive steps to remove the blockade," Nariman said.

But, the court was categorical on a more fundamental aspect to counter blockade and damage caused by protestors to public property. It said the apex court's 2009 judgement imposing cost on agitators to compensate damage to private and public property had not yielded the desired result.

The bench asked two questions to Nariman. First, whether political parties calling for rail/road blockade should face de-recognition and second, whether the state failing to remove the blockade be asked to pay damages caused to public property by the protestors?

Railways had estimated that it had suffered a loss of Rs 33 crore due to the 11-day long rail roko agitation by the Jat community, which was protesting arrest of their clan members for attack on dalits at Mirchipur.

The Centre had suggested that the district magistrate would record quantum of damage to public and private property due to violent acts of agitators and initiate appropriate legal proceedings to recover the quantified loss as revenue arrears.

The DM should also initiate criminal proceedings against protestors indulging in violent acts and suggested that such cases should be decided by courts within six months.


The Times of India, 18 July, 2012, http://timesofindia.indiatimes.com/india/Derecognize-parties-for-blockade-SC-asks-Centre/articleshow/15023650.cms


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