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[Cites 13, Cited by 0]

Punjab-Haryana High Court

The Anti Corruption Federation Of India ... vs State Of Haryana And Others on 11 January, 2013

Bench: A.K.Sikri, Rakesh Kumar Jain

CWP No.16669 of 2010                                                   [1]
                                     *****

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH


                                            CWP No.16669 of 2010 (O&M)
                                            Date of decision:11.01.2013


The Anti Corruption Federation of India (Regd.)                   ..Petitioner
                                      Vs.
State of Haryana and others                                   ...Respondents


CORAM: Hon'ble Mr. Justice A.K.Sikri, Chief Justice
       Hon'ble Mr. Justice Rakesh Kumar Jain


Present:     Mr. Suman Jain, Advocate,
             for the petitioner in CWP No.16669 of 2010.

             Mr. Amit Jhanji, Advocate,
             for the petitioner in CWP No.3527 of 2012.

             Mr. B.S.Rana, Addl. A.G., Haryana.
                  *****

Rakesh Kumar Jain, J.

By way of this order, we shall be disposing of two writ petitions bearing CWP No.16669 of 2010 (hereinafter referred to as the "first petition") and CWP No.3527 of 2012 (hereinafter referred to as the "second petition"), both filed in the public interest.

The prayer made in the first petition is for taking action against the rioters and for appointment of the Claims Commissioner for determination of compensation which is to be recovered from the culprits and further to direct the police officers to arrange videography of the CWP No.16669 of 2010 [2] ***** activities damaging public/private property. In the second petition, prayer is for issuance of directions to the respondents to comply with the directions issued by the Hon'ble Supreme Court in Destruction of Public and Private Properties Vs. State of A.P., 2009(6) JT 1 and to take strict coercive steps for restraining the private respondents, allegedly representing the interest of JAT Community, from indulging in destruction of the public property and from stopping railway/roadways routes thereby causing acute hardship to the public at large and for issuance of direction to the State of Haryana to take strict action against the persons found guilty of obstruction and destruction of public property including prosecuting the pending FIR's vigorously and for issuance of a writ in the nature of prohibition restraining the private respondents as also others not to obstruct the rail and road traffic in any manner whatsoever or to cause damage to the public or private property.

The facts in the first petition are that "Akhil Bhartiya Jat Arakshan Sangharsh Samiti" gave a call for blocking the route of Queen's Baton Relay of Commonwealth Games and to hold Chetawani Rallies on 13.09.2010 to press for reservation for the Jat community. The Queen's Baton Relay was scheduled to enter Haryana State on 26.09.2010 and to reach Delhi on 30.09.2010 after passing through the entire State of Haryana. Incidentally, the rallying protesters became unruly and went into a spree of looting and destroying public and private properties inasmuch as in the said incident a policeman suffered fracture of both his legs and one of the protesters succumbed to the firing by the police. As per the newspaper CWP No.16669 of 2010 [3] ***** reports, the unruly mob attacked the SBI Branch at Hisar Cantonment, an ATM and also the HP Cotton Mills besides destroying few vehicles including an oil tanker and two buses of Haryana Roadways by setting them on fire near Surewala Chowk. It is alleged that those incidents were widely covered by the Print and Electronic Media and as no action was taken by the State against the persons who had instigated riots and those indulged in vandalism, the present petition has been filed. At the time of notice of motion on 16.09.2010, the Court had asked the State of Haryana to inform about the action being taken against the rioters as many of them were clearly identifiable from the photographs in the newspapers as well as from the T.V. footages. The case was adjourned to 30.09.2010, but on 29.09.2010, affidavit of Pankaj Nain, Superintendent of Police, Hisar was filed who stated therein that criminal cases have already been registered regarding each and every incident of violence and damage to properties and the investigations are in progress. The process of identifying the rioters by a thorough probe of photographs published in various newspapers, shown on various T.V. channels and photographs taken by various close circuit cameras installed in banks etc. is in progress and a special team headed by a Deputy Superintendent of Police of Hisar has been constituted in this regard. It is also stated that vide order dated 13.09.2010, Shri Balbir Singh Malik, Commissioner, Hisar Division, Hisar is appointed as the Magisterial Enquiry Officer to enquire into the circumstances and events of violence leading to the death of one person and injuries to others which took place on 13.09.2010 and has been given 30 days time to submit his report to the CWP No.16669 of 2010 [4] ***** Government. It is also submitted that Shri Subhash Yadav, the then Superintendent of Police, Hisar, has been transferred out of Hisar. It is submitted that a case FIR No.742 dated 13.09.2010, under Sections 302/34 IPC and 27 of the Arms Act, Police Station Sadar, Hisar has been registered against Shri Subhash Yadav and others after Shri Anil Kumar (brother of deceased) son of Wazir Singh, resident of village Ladwa, District Hisar submitted a written complaint with specific allegations about the death of Sunil Kumar.

On the next date of hearing, the case was adjourned to 26.10.2010 and an affidavit was sought from the State for detailing the persons involved in rioting who had been identified and the nature of action taken against them. Accordingly, affidavit dated 25.10.2010 of Hanif Qureshi, IPS, Superintendent of Police, Hisar was filed who has stated that on 22.09.2010, a Special Identification Team has been constituted headed by Jagbir Singh, HPS, Deputy Superintendent of Police (HQ), Hisar to identify the mischievous persons who damaged public or private property during the agitation, by thoroughly probing photographs published in various news papers, footage telecasted on various TV channels, footage of CCTV cameras etc. He has also narrated the steps having been taken by the SIT and submitted that 39 criminal cases under various Sections of IPC, Arms Act and PP&PD Act etc. have been registered in various Police Stations including Govt. Railway Police Station of District Hisar. After the aforesaid affidavit, an order was passed on 04.04.2011 that the State should place on record the details of the investigation and the arrest having been CWP No.16669 of 2010 [5] ***** made in terms of the cases registered. In terms of the order dated 04.04.2011, the State placed on record two lists (R-1 and R-2) on which the following order was passed on 08.04.2011:-

"In pursuance of order dated 4.4.2011, learned Advocate General, Haryana has placed on record two lists R-1 and R-2. According to the first list, 11 FIRs have been registered and 8 persons are stated to have been arrested. The first list makes an interesting reading. The FIR at Serial No.1 discloses the commission of offences, which are bailable and are triable by Judicial Magistrate 1st Class. Out of the 8 persons named in that FIR, 5 persons are stated to have been arrested. Three persons, who have been repeatedly named in all the rest of the FIRs are also stated to have been arrested. As against this a perusal of various FIRs listed in R-2 would show that there are a number of FIRs, which have been registered and a large number of them have disclosed the commission of non-bailable offences, which are triable by the Court of Sessions. However, none of the accused despite identification given have been arrested for the reasons best known to the respondent-State. It shows that at one stage or the other the process of selective arrest has been followed where in fact there was hardly any room for sparing such persons from the process of law. It has been claimed that the challans in respect of some of the aforesaid FIRs have been presented without securing the custody of the accused by the police. In other words, in the absence of arrest in a case triable by the Court of Sessions involving non-bailable offences, the Court cannot ensure that the accused is in the custody of the Court and is available for serving sentence if eventually found guilty of the offence under which CWP No.16669 of 2010 [6] ***** challan has been presented.
That apart, Mr. Jain, learned counsel for the petitioner has pointed out from para 4 of the affidavit filed by Sh. Hanif Qureshi, IPS, Superintendent of Police, Hisar on 25.10.2010 that a Special Identification Team was constituted on 22.09.2010 headed by Jagbir Singh, HPS, Deputy Superintendent of Police (Headquarters), Hisar (R-3) to identify the mischievous persons, who damaged public or private property during the agitation. The aforesaid Special Identification Team is stated to have taken various steps listed in para 4(i) to
(ix) but the result of the efforts made by the Special Identification Team is not revealed to us. The file concerning the Special Identification Team has not been produced and the output of various steps listed at item No.4(i) to (ix) have not been disclosed.

In view of the aforesaid, the respondent-State is directed to file an appropriate affidavit explaining in specific terms the results of the steps taken as detailed in para 4(i) to (ix) of the affidavit. The file concerning the Special Identification Team shall also be produced alongwith the affidavit. A copy of the affidavit shall be served on the counsel for the petitioner two days before the date of hearing.

List again on 09.05.2011."

The Court then passed various orders from time to time after the repeated status reports filed by the State. One such relevant order dated 08.02.2012 is reproduced hereasunder:-

"Mr. Kamal Sehgal, learned Additional Advocate General, Haryana, has clarified a peculiar style of functioning of the Haryana Police. A 'Special Investigation Team' (SIT), is an expression which in legal parlance has acquired a peculiar connotation. It is CWP No.16669 of 2010 [7] ***** a team which is constituted for investigating a wide spread law and order situation developing in the State or a part of the State. However, we have been informed a novel `SIT', which would mean `Special Identification Team'. The constitution of the team has been provided in Annexure R-3 attached with the affidavit of Mr. Hanif Qureshi, IPS, Superintendent of Police, Hisar- respondent No.5. The Identification Team is comprised of 21 persons, which include Constables and Exemptee Head Constables. The Special Team consisting of police officers/official noted against each police station of district Hisar, have been constituted by the Superintendent of Police, Hisar, which are seven in number, on 22.09.2010 (R-5). Still further another team known as Special Team headed by Shri Dheeraj Kumar Setia, HPS, DSP Hisar-I, Shri Amrik Singh, HPS, DSP Hansi and Shri Tula Ram, HPS, DSP Hisar-II alongwith 11 police officials/officers, which consists of 2 Inspectors, 1 Sub-Inspectors, 3 Assistant Sub- Inspectors and 5 Exemptee Constable/Head Constables, has been constituted by the Superintendent of Police, Hisar, vide order dated 24.09.2010 (R-5/A). The aforesaid team has been constituted for the purpose of investigation of two cases, namely, FIR No.741, dated 13.9.2010 and 742, dated 13.9.2010, registered under various sections covering commission of serious offences.
Apart from the fact that no special teams were required to be constituted police station wise because there is always an Investigating Officer at every police station to investigate a cognizable offence, seven teams constituted by the Superintendent of Police, Hisar, vide order dated 22.09.2010 (R-5), appears to have emphasized the fact of investigation and apprehending CWP No.16669 of 2010 [8] ***** accused in cases concerning `Jat Aarkshan Agitation' organized in district Hisar from 13.09.2010 to 15.09.2010.
Mr. Sehgal, learned State counsel has informed the Court that a total number of 39 cases/FIRs have been registered involving 150 persons and challans have been presented in 29 cases. Learned counsel has also pointed out in respect of two cases where Special Team headed by three DSPs has been constituted, challan has been presented in case FIR No.741, dated 13.09.2010, registered at Police Station Sadar Hisar.
However, we are unable to understand why other FIRs have not been given for investigation to the Special Team headed by Shri Dheeraj Kumar Setia, HPS, DSP Hisar-I, because the other FIRs also disclose the commission of a number of serious offences tirable by the Court of Sessions emerging from same `Andolan'. Accordingly, it has become necessary to examine the case diaries of all the Investigating Officers in 39 FIRs. The same may be produced before the Court on the next date of hearing.
List again on 27.02.2012."

Since the Court was not satisfied with the affidavit filed by Shri V.P.Vats, Joint Secretary to the Government of Haryana, an order was passed on 08.08.2012 which reads as under:-

"When public property was damaged in an agitation, the matter came to this Court, in the meantime several FIRs have been registered.
Mr. B.S.Rana, Additional Advocate General, Haryana, is directed to place on record the status report regarding the investigation done in those FIRs. The Chief Secretary, State of Haryana, is also directed to place on record an affidavit suggesting the ways and CWP No.16669 of 2010 [9] ***** means to prevent such like occurrence in future; what remedial steps are being taken at present to save the public property in such like agitation and also to suggest the action to be taken against the law enforcing agency/the other person who is found in dereliction of duties for not saving the public property in case such like agitation takes place in future.
On request, adjourned to 29.08.2012."

Pursuant to the aforesaid order, an affidavit of Shri V.P.Vats, Joint Secretary to the Government, Haryana, Home Department has been filed and is placed on record in the connected case (second petition).

The facts of the second petition are also with regard to agitation by respondent Nos.5 to 20 and their supporters in and around village Mayyar, Tehsil and District Hisar and also in rest of the State of Haryana in the garb of a demand of inclusion of `Jat Community' in the category of 'Other Backward Classes'. The so-called leaders delivered provocative speeches exhorting the mob to carry on a `do or die' struggle for grant of reservation to Jat community and in order to achieve their object, they blocked rail and road traffic.

On 14.03.2012, a specific order was passed by this Court, which reads as under:-

"This writ petition has been filed seeking a direction from the Court for taking appropriate action to prevent destruction of public property and blockade of road/rail traffic in the course of the Jat agitation that was launched recently. Appropriate action by the State in accordance with the directions of the Supreme Court in Destruction of Public and Private Properties, In Re:vs. State of Andhra Pradesh and others (2009) 5 Supreme CWP No.16669 of 2010 [ 10 ] ***** Court Cases 212, has also been prayed for by the PIL petitioner who is an Advocate by profession.
The Court may take judicial notice of the fact that the agitation that was launched has now been temporarily suspended for a period of six months. The Jat agitation has been continuing in the State of Haryana, particularly in certain areas of the State, for the last few years and there have been instances of sporadic violence and destruction of public property. What action the State has taken with regard to such incidents that had occurred in the past is being monitored by the Court in another writ petition i.e. CWP 16669 of 2010, which is listed with this case.
While the action taken by the State in the course of the previous agitation will certainly be monitored in the proceedings registered as CWP 16669 of 2010, the agitational programme which was undertaken in the months of February and March, 2012, before the agitation was temporarily suspended, in our considered view should be the subject matter which should be monitored by the Court in the present writ petition. In this regard, the Court would like to observe that in the course of the said agitation the official vehicle of the learned District and Sessions Judge, Jind, in which the learned Judge was travelling was attacked by a mob and burnt down. What action has been taken to identify the persons involved in the said incident also needs to be laid before the Court.
We therefore call upon the State of Haryana to lay before us the specific details of the incident involving the District and Sessions Judge, Jind and also other related incidents of mob violence and damage to public property, if any. The identity of the agitators and the names and particulars of the leaders who have been CWP No.16669 of 2010 [ 11 ] ***** spearheading the agitation be also laid before us within six weeks so that the guidelines framed by the Hon'ble Apex Court in the case of Destruction of Public and Private Properties, In Re: vs. State of Andhra Pradesh and others (supra) (para-15) can be adequately implemented insofar as the same may be applicable to the facts of the present case."

In terms of the aforesaid order, an affidavit has been filed by Shri V.P.Vats, Joint Secretary to the Government, Haryana, Home Department in which details have been given about the incident involving the District and Sessions Judge, Jind, which reads as under:-

"i) Incident involving the District and Sessions Judge, Jind.

That it is humbly submitted that the incident involving the Ld. District and Sessions Judge, Jind was an isolated incident which was carried out by some miscreants near village Mirchpur, Hisar. On 06.03.2012 at about 10.40 PM Sh. Raminder Jain, Ld. District and Sessions Judge, Jind was going from Hisar to Jind in Govt. vehicle No.HR-36H-0022. When the vehicle reached near Bus Stand of village Mirchpur, it was found that the road had been blocked by some miscreants by putting a cart (Buggi) in the middle of the road. In the meantime some miscreants, who were present there, started slapping the gunman and snatched his service pistol and ten cartridges. They also pulled out Ld. Sessions Judge and driver from the car and set the car on fire. They also illegally confined the gunman and driver but released them after some time.

Consequently, a case FIR No.88 dated 07.03.2012 under sections 148/149/323/341/342/395 and 436 of IPC was registered at Police Station, Narnaund. The CWP No.16669 of 2010 [ 12 ] ***** investigation of the case is being conducted by Station House Officer, Police Station, Narnaund personally under the close supervision of Deputy Superintendent of Police, Hansi. Service pistol and five cartridges of gunman were produced by one Bijender @ Billu R/o Khanda Kheri on 15.03.2012 stated to be given by accused Pardeep and the same were taken in to possession vide recovery memo dated 15.03.2012. Five cartridges and one magazine are yet to be recovered. Accused Sandeep @ Miyan S/o Ajmer Singh Jat R/o Mirchpur has been arrested in this case on 11.04.2012 and during interrogation he suffered a discloser statement dated 11.04.2012 to the effect that 14 other accused have also involved in the incident of burning the official vehicle of Ld. District and Session Judge, Jind. A special Team has been constituted to arrest the accused persons comprising Deputy Superintendent of Police, Hansi, Inspector Amarjeet Singh, SHO Narnaund, ASI Sadhu Ram PP UE-II Hisar, ASI Davender Singh I/C PP Mirchpur and ASI Ved Singh PP Mangali. Four more persons namely Sumit S/o Satyawan Jat, Manjeet @ Bachi S/o Mahabir, Baljeet S/o Rajpal all R/o Mirchpur and Rambir son of Mangal Singh, resident of village Mirchpur have been arrested on 01.05.2012, 07.05.2012 and 11.05.2012. Raids are being conducted at the residential and suspected places for the arrest of accused Pardeep and other remaining accused and sincere efforts are being made for the arrest of remaining accused."

Besides the above, it is also alleged that cases have been registered at Police Station GRP, Hisar and District Bhiwani and the list has been attached. In the last affidavit filed by Shri V.P. Vats on 28.08.2012, it is mentioned that the State Government, vide letter dated 17.02.2011, has CWP No.16669 of 2010 [ 13 ] ***** already issued instructions to the Director General of Police, Haryana for strict compliance of the guidelines issued by the Supreme Court in Destruction of Public and Private Property's case (supra). It is also alleged that the Government is under constitutional obligation to ensure safety of its citizens and their property and to maintain law and order, peace and tranquility.

Learned counsel for the petitioners in both the cases have raised similar arguments and relied upon the decision of the Supreme Court in Destruction of Public and Private Property's case (supra) and pressed their prayer made in the writ petitions.

On the other hand, counsel appearing on behalf of the State of Haryana has referred to the pleadings while reiterating their stand of ensuring maintenance of law and order in the State while complying with the directions by the Supreme Court in Destruction of Public and Private Property's case (supra).

Undoubtedly, Article 21 of the Constitution of India ensures protection of life and personal liberty and Article 51A(i) provides for fundamental duty to safeguard public property and to abjure violence.

Since the law enforcing machinery of the State was unable to protect public and private property from being damaged by unruly mob resorting to bandhs and hartals, the Supreme Court constituted two Committees; one headed by Justice K.T. Thomas and another by noted Jurist F.S.Nariman to make recommendations. The Thomas Committee gave the recommendations to effectuate the modalities for preventive action CWP No.16669 of 2010 [ 14 ] ***** and adding teeth to the enquiry/investigation and recommended the following guidelines to be observed as soon as there is a demonstration organized:-

"(I) The organiser should meet the police to review and revise the route to be taken and to lay down conditions for a peaceful march or protest;
(II) All weapons, including knives, lathis and the like should be prohibited;
(III) An undertaking should be provided by the organisers to ensure a peaceful march with marshals at each relevant junction;
(IV) The police and the State Government should ensure videography of such protests to the maximum extent possible;
(V) The person-in-charge to supervise the demonstration should be SP (if the situation is confined to the district) and the highest police officer in the State, where the situation stretches beyond one district; (VI) In the event the demonstrations turn violent, the officer-

in-charge should ensure that the events are videographed through private operators and also request such further information from the media and others on the incidents in question;

(VII) The police should immediately inform the State Government with reports on the events, including damage, if any, caused by the police; and (VIII) The State Government should prepare a report on the police reports and other information that may be available to it and should file a petition including its report in the High Court or the Supreme Court as the case may be for the Court in question to take suo motu action."


              The     Nariman     Committee    made      suggestions   regarding
 CWP No.16669 of 2010                                                        [ 15 ]
                                     *****

assessment of the damages on which the Supreme Court has held that in the absence of Legislation, the following guidelines are to be adopted:-

"(I) Wherever a mass destruction to property takes place due to protests or thereof, the High Court may issue suo motu action and set up a machinery to investigate the damage caused and to award compensation related thereto. (II) Where there is more than one State involved, such action may be taken by the Supreme Court. (III) In each case, the High Court or the Supreme Court, as the case may be, appoint a sitting or retired High Court Judge or a sitting or retired District Judge as a Claims Commissioner to estimate the damages and investigate liability. (IV) An Assessor may be appointed to assist the Claims Commissioner.
(V) The Claims Commissioner and the Assessor may seek instructions from the High Court or the Supreme Court as the case may be, to summon the existing video or other recordings from private and public sources to pinpoint the damage and establish nexus with the perpetrators of the damage.
(VI) The principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established.
(VII) The liability will be borne by the actual perpetrators of the crime as well as the organizers of the event giving rise to the liability- to be shared, as finally determined by the High Court or the Supreme Court as the case may be.
(VIII) Exemplary damages may be awarded to an extent not greater than twice the amount of the damages liable to be paid.
 CWP No.16669 of 2010                                                  [ 16 ]
                                      *****

(IX) Damages shall be assessed for: (a) damages to public property; (b) damages to private property;
(c) damages causing injury or death to a person or persons; and (d) cost of the actions by the authorities and police to take preventive and other actions.
(X) The Claims Commissioner should make a report to the High Court or the Supreme Court which would determine the liability after hearing the parties."

It is pertinent to mention that the recommendations of the Thomas Committee and the Nariman Committee mentioned herein, which have the approval of the Supreme Court, shall immediately become operative as guidelines and shall cease to be operative as and when appropriate legislation consistent with the guidelines indicated above are put in place and/or any fast track mechanism is created by the statute(s).

We may also add here that after the judgment was reserved in this case on 07.11.2012, the State of Haryana has submitted written synopsis in which it is averred that the Financial Commissioner and Principle Secretary to Government of Haryana, Home Department, vide his letter bearing Memo No.30/16/2011-IHG-I dated 17.02.2011 addressed to the Director General of Police, Haryana, Panchkula, had directed to ensure compliance of the directions issued by the Supreme Court in Destruction of Public and Private Property's case (supra) in terms of the recommendations made by K.T.Thomas Committee. It is also averred that a roadmap has been prepared by the authorities for taking preventive measures with respect to any such future agitation; for controlling the mob;

 CWP No.16669 of 2010                                                 [ 17 ]
                                      *****

identification of the persons forming part of the mob; and protection of the property of the private persons and the public property from the agitators in such like agitation, which was conveyed by the Director General of Police to the Additional Chief Secretary, Home Department, Haryana vide his letter No.8568/Spl.Cell dated 21.11.2012. The relevant portion of the said roadmap is as under:-

"1. The Police is under constitutional obligation to ensure safety of its citizens and their property. Further, the police is also under obligation to maintain law and order, peace and tranquility. Being fully aware of its above stated obligations, as such the police intends to initiate action to take all preventive, curative and remedial measures to ensure the safety and well-being of its citizens.
2. The field units as well as the intelligence wing of the police have been instructed to gauge the public mood in advance so that appropriate necessary preventive and curative measures could be taken in case of detection of any discontent in the public. They have also been instructed to remain in close co- ordination with the other organs of the government as well as the local bodies so that even the smaller issues could be addressed in time and larger issues could be forwarded to the appropriate competent authority.
3. The police force is being regularly trained to control such mobs in a lawful manner and without aggravating the situation in hand. They are being suitably equipped with the best possible preventive and controlling equipment.
4. Instructions have been issued to identify in advance the leaders and main agitators of the agitations through intelligence and security agencies and to take CWP No.16669 of 2010 [ 18 ] ***** appropriate action in this regard. They have been instructed to extensively use still cameras and video cameras to record the faces of the agitators for identification purposes. In addition, they could use the TV footage and newspapers for this purpose.
5. During such agitation, the district SsP/CsP have been instructed to utilize the force from the other police stations and the static force. Similarly, Range IsGP have been instructed to utilize the force from other districts. If required, adequate no. of force personnel alongwith the requisite equipment will be provided from other branches of the state police by the Police Headquarters. Senior officers have been asked to lead the force from the front and be held accountable."

Insofar as the question of compensation is concerned, it has been averred in the written synopsis that vide order dated 12.12.2012, the Government has extended the scope of the work of the Claim Commissioner, Haryana headed by Sh. R.C.Bansal, (Retd.) District & Sessions Judge to assess the loss caused to the property during the Jat Aarakashan agitation for reservation for Jat Community under the OBC Quota in the Haryana State in addition to his present assignment.

After considering the afore-stated facts and circumstances of this case, both the writ petitions are hereby disposed of with the following directions:-

i) The State of Haryana shall abide by the directions issued by the Supreme Court in Destruction of Public and Private Property's case (supra) for taking preventive measures and providing teeth to the inquiry/investigation CWP No.16669 of 2010 [ 19 ] ***** as per the recommendations made by the K.T.Thomas Committee and F.S.Nariman Committee with regard to assessment of loss/damages caused to the public/private properties;
ii) Since the State of Haryana has appointed Shri R.C.Bansal, (Retd.) District and Sessions Judge as Claim Commissioner to assess the loss caused to the public/private properties during the Jat Aarakashan agitation, therefore, the Department of Home shall make proper publication in all the modes of media facilitating the persons to put up their claims before the Claim Commissioner; and
iii) The Claim Commissioner, while determining the loss caused to the public/private property on account of Jat Aarakashan agitation, would be free to take the help of valuer/assessor and shall make endeavours to decide the claim cases as early as possible.
                          (A.K.Sikri)               (Rakesh Kumar Jain)
                          Chief Justice                    Judge

11.01.2013
vinod*