Under new law, bandh-callers can be made to pay for damage

Written By DNA Web Team | Updated:

The latest amendment to Bombay Police Act provides for recovery of compensation from the bandh-callers if the bandh leads to destruction of public or private property

The latest amendment to Bombay Police Act provides for recovery of compensation from the bandh-callers if the bandh leads to destruction of public or private property, the Maharashtra Government told the High Court on Wednesday.
    
The court was hearing a PIL filed by advocate Varsha Deshpande, alleging that the government had failed to take action when three bandhs were called in Satara district in 2007.
    
At the last hearing, High Court had asked what had the government done to implement the High Court's 2004 directives regarding bandhs in general.
    
"We told the High Court that Bombay Police Act's Section 51 has been amended last month, which enables state to recover compensation (for damage to property) by the person/ party which calls bandh," said government pleader Pradip Patil.
    
Some guidelines were framed by division bench led by Justice A P Shah in its July 2004 judgement, while imposing penalty of Rs 40 lakh on Shiv Sena and BJP for a bandh.

The guidelines contemplate, among other things, a notice to the organisation/political party calling the bandh pointing out that it would be liable for any loss of life, injury, or loss of lives on its account.
    
Varsha Deshpande, a Satara-based lawyer, has filed a petition in the High Court, alleging that authorities did not take necessary action during the three bandhs that took place in the district in 2007.
    
Her lawyer Udya Warunjkar pointed out that the authorities did nothing despite the High Court's 2004 guidelines on bandh.
    
The division bench of justices JN Patel and DY Chandrachud has now directed the government to state what action was taken against the political leaders who called the bandhs in Satara.
    
The hearing has been adjourned for two weeks.