Panchkula violence: HC to fast track hearings on whether Dera head can be made to pay

The issues are with regard to who should be made to pay for damages besides role of administration and rights of political and religious outfits in giving calls for an assembly to the followers

The Punjab and Haryana high court (HC) has decided to fast track the proceedings of a 2017 petition examining various aspects of violence reported in Haryana and Punjab following the conviction of Dera Sacha Sauda head Gurmeet Ram Rahim Singh in two rape cases.

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The full bench, presided over by justice Rajiv Sharma with justice RK Jain and justice AG Masih, allotted days to different counsels, including amicus curaie (impartial advisor) advocate Anupam Gupta, to address their arguments on various issues framed by the HC in 2017.

The issues before HC are with regard to who should be made to pay for damages besides role of administration and rights of political and religious outfits in giving calls for an assembly to the followers.

Following the conviction of dera chief on August 25, 2015, a large scale arson took place as his followers assembled in lakhs and resorted to violence post verdict. As many as 41 people had died, most in Panchkula, during the clashes.

The rape case was registered against the dera chief in April 2002, following which the HC had ordered a CBI probe in September 2002. Ram Rahim is behind bars and serving jail term for two rape cases and murder of a Sirsa journalist in 2002.

The Punjab, Haryana and Chandigarh administration had given details of damages and their respective expenditure on security arrangements to the HC. Damages too have been assessed by the administrations. However, no disbursal has taken place as the court is still examining whether dera can be made to pay for the losses.

COURT RAP FOR HARYANA

During the brief hearing, the HC bench rapped the state government asking as to how it allowed the “build up” of dera followers, who were occupying public places in Panchkula for three days, ahead of August 25 hearing in the district court where Ram Rahim was convicted.

The court also asked as to who would take responsibility of 41 people who were killed during the violence. It underlined that every citizen had right to protest, but due to violent protests, the police had to resort to firing, which resulted in large scale casualties.

Dera’s counsel, senior advocate Puneet bali, had told the court that recovery of damages can’ be effected from Dera. He had also argued that exercise of determination of damages should be handed over to a committee. On the other hand, Gupta had argued that government was responsible for damage to life and property in 2017 and liable to compensate the victim.

ISSUE TO BE EXAMINED BY HC

Can court direct and determine compensation for damages due to violence in Panchkula and other parts of the States of Punjab and Haryana.

Whether the expenses for damages are liable to be recovered from the dera, whether it would include expenses on mobilisation of security forces

Whether compensation can be recovered from defaulters where there are clear and unequivocal circumstances

Whether Haryana has failed to perform its duty in preventing mass scale gathering of crowds in Panchkula and other parts besides Punjab

Whether religious, political or social organisation can give a call to its followers to assemble with the intent to commit acts of violence, rioting, arson etc

When HC can intervene on petitions on law and order and public order, which is domain of law enforcing authorities

When should police and law enforcing agencies use its full force and when minimum force with rubber bullets, water cannons