MP Assembly passes Bill seeking property damage recovery from Protesters

shivraj singh lawinsider

Nishka Srinivas Veluvali

Published On: December 24, 2021 at 21:05 IST

Bill for recovery and redressal of damage to public and private properties due to protests was approved without any discussions or arguments.

The Public and Private Property Recovery Bill was put forth by Home Minister Narottam Mishra.

The Home Minister stated that, “Those who thrown stones from their houses and cause damage to public and private property will now come under the ambit of law. They will not be spared. This Bill has also been brought in so that anti-social elements and those causing riots will now fear the law.”

Madhya Pradesh will become the Bhartiya Janata Party ruled third-State to have this Bill after Uttar Pradesh and Haryana, if the Governor Mangubai Patel approves it.

However, Congress MLAs displayed their anguish on the point that the Opposition Leader Kamal Nath did not receive any opportunity to speak on the Bill with regard to the Other Backward Classes reservation in the State.

Uttar Pradesh approved of this Bill in March 2020 to compensate the damages caused due to the protests of Citizenship Amendment Act. Haryana approved this ordinance in March, 2021 for the recovery of damages due to the Farmers’ protest against the three Farm Laws.

This Bill permits the Authorities to collect penalties and fines from those who undertake any activities that will damage the public or private properties.

As per the Bill, the State Government can claim the Compensation through the Tribunal formed under the guidance of Retired District Judge or Retired Secretary. These Tribunals can direct the Compensation of double amount of the damages sustained by the individual or the Government.

The Bill also states that once the Prosecution is successful in proving that the public property is damaged by the direct actions caused by any organisation of which the Accused is a part of, the Court will assume that the Accused is guilty of damaging the public property. After this stage, it is the burden on the Accused to prove his innocence.

The Cases filed before the Tribunals for claims are supposed to be solved within three months and the aggrieved parties can only quiz the Order passed by the Tribunal in the High Court.

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