Bhubaneswar: Director General of Police (DGP) RP Sharma Friday directed all the district superintendents of police (SPs) and deputy commissioners to take stern action against the leaders of outfits if they cause any damage to public or private property during agitations, rallies and precessions.
The advisory comes in the wake of guidelines issued by the Supreme Court in a recent judgment making mob leaders liable for any damage caused to public and private property during agitations. The police officers were asked to follow the apex court guidelines in letter and spirit.
They were directed to register a First Information Report (FIR) against the perpetrators. Departmental disciplinary action will be initiated against police officers if they fail to register FIR in this connection. They have also been directed to submit the probe report within a stipulated time period to avoid any departmental action. The nodal officer of the concerned district will be held responsible for any unreasonable delay in filing FIR or completing probe in the matter by the police officer in charge.
The officer on duty during the violence should either get hold of the video of the violent event shot by the official operators or any private persons. The officers were also instructed to request the media persons covering the event to supply footage of the violence by mob.
While giving permissions for these events, the officers should also ensure that all the terms and conditions are followed. These include clear mention of routes, timings of the rallies and processions being followed. The officer concerned could impose special conditions on the organizers if he anticipates any untoward incident during an event. The officer should prohibit carrying of lathis, explosives or any other sharp weapons during rallies and can also impose Section 144 of the Cr PC in the potentially violent prone areas. The district police should inform the state Crime Investigation Department of Crime Branch without any delay about the violence during a demonstration or a rally. Later, the CID CB will submit a report to the state government and inform the High Court so that it could appoint a claims commissioner who will award compensation to the victims.
The officers have been asked to request the court to give conditional bail to the leaders and the perpetrators of violence upon depositing money equivalent to the loss suffered due to the damage to the properties. The loss should be estimated by the appointed authority (court appointed assessor) and in case of his absence the judge hearing the case might quantify the amount of loss.
The members of the mob if found directly involved in the damage of properties then the leader of the organization or party will present personally in the police station for questioning within 24 hours of the occurrence of the incident. Legal process will be initiated against the leader if he fails to appear before the police station within the deadline.
The officers have also been asked to collect a bond from the applicant while issuing licence for any possible damage to public/private properties. The organizers will be asked to submit a declaration to stay away from any sort of violence during demonstrations.
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