From Our Correspondent
Guwahati: The Supreme Court of India taking serious note of various instances of large scale destruction of public and private property in the name of agitations, bandh, hartal and the likes, in one of its recent orders issued some key guidelines to be observed as soon as there is a demonstration organized to effectuate the modalities for preventive action and adding teeth to enquiry or investigation, according to an office release issued here.
As per the guidelines, the police and State Government should ensure videography of such protest to the maximum extent possible. If the officer in charge of a police station or other law enforcing agency is of the opinion that any direct action, either declared or undeclared has the potential of causing destruction or damage of public property, he shall avail himself the services of video operators. For this purpose each police station should be empowered to maintain a panel of local video operators who could be made available at short notices.
Again, the police officer who has the responsibility to act on the information and if he has the reason enough to apprehend that any such action has the potential of causing destruction of public property, he shall immediately avail himself the services of the videographer to accompany him or any other police officer deputed by him to the site or any other place wherefrom video shooting can conveniently be arranged concentrating on the person(s) indulging in any acts of violence or other acts causing destruction or damage to any property.
As soon as the direct action subsides, the police officer concerned should authenticate the video by producing the videographer before the Sub-divisional or Executive magistrate who should record his statement regarding what he did for preparing the video. The original tapes or CDs or other material capable of displaying the recorded evidence should be produced before the said Magistrate.
It is open to the Magistrate to entrust such CDs or material to the custody of the police officer or any other person to be produced in court at the appropriate stage or as and when called for.
The organizer should meet the police to review and revise the route to be taken and to lay conditions for a peaceful march or protest. Moreover, all weapons, including knives, lathis and the like should be prohibited. An undertaking should also be provided by the organizers to ensure a peaceful march with marshals at each relevant junction.
If the situation is confined to a district, the person in charge to supervise the demonstration should be the Superintendent of Police. However, when the situation stretches beyond one district the highest police officer in the State should be entrusted the responsibility.
In the event that 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.
The police should immediately inform the State Government with reports on the events, including damage, if any caused.
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 reports in the High Court or Supreme Court as the case may be for the Court in question to take suo moto action.
Though ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule (List-II) to the Constitution of India, the Union Government attaches the highest importance to prevention of crime; therefore, has been advising the State Government and Union Territory
Administration from time to time to give more focused attention to the Administration of the criminal justice system with emphasis on prevention and control of crime.
The apex court also advised all the State Governments and Union Territories to take appropriate steps for effective prevention, detection, registration, investigation and prosecution of all crimes within their jurisdiction.
The Supreme Court ruling assumes added significance in view of the sporadic incidents that occurred in parts of Shillong during the April 4 rally organised by the Khasi Students’ Union (KSU) to observe the Khasi National Awakening Day. Several shops were vandalized and two tourists among others sustained injuries when the rally turned violent.