Frame rules by October 16 to penalise parties for property damage: Madras HC

The judge suo motu impleaded the chief secretary and home secretary in the case and gave the state time till October 16 to frame the policy.
The AAP sought more time for framing a standard operating procedure, and since it is related to the policy decision of the government, it has to consult the stakeholders.
The AAP sought more time for framing a standard operating procedure, and since it is related to the policy decision of the government, it has to consult the stakeholders.Photo | EPS
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CHENNAI: The Madras High Court on Wednesday directed the state government to frame a policy by October 16 to collect security deposit from political parties to indemnify possible damage to public property during events organised by them.

Justice N Sathish Kumar issued the direction while hearing petitions filed by TVK, which sought relaxation of conditions imposed by the police for permitting actor-politician Vijay’s roadshow.

The judge suo motu impleaded the chief secretary and home secretary in the case and gave the state time till October 16 to frame the policy. Referring to Additional Public Prosecutor (APP) E Raj Thilak’s contention that no law empowers collection of the security deposit in advance and the Tamil Nadu Public Properties (Prevention of Damage and Loss) Act allows recovery of damages only after an offence is committed, the judge said, “No provision (of Acts) is required for doing this, you need only the will to do so.”

He suggested a particular sum of money can be collected by the Revenue Divisional Officer and returned if no damage occurred. The judge also stated that the police are content with registering FIRs and making arrests instead of preventing property damage.

When the APP said such a system could be implemented if a policy decision is taken, the judge said, “Then you shall put it as a policy decision.” The court also strongly disapproved of the act of police filing a report through an AIG instead of the DGP.

The AAP sought more time for framing a standard operating procedure, and since it is related to the policy decision of the government, it has to consult the stakeholders. However, the judge posted the matter for October 16.

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