Kerala HC directs PFI to pay ₹5.20 crores as hartal damages

The High Court also orders magistrates and sessions courts in the State to make paying compensation as a condition for bail in any cases related to PFI’s flash hartal

Observing that the Popular Front of India (PFI)and its State General secretary A. Abdul Sathar must be held responsible and made accountable for their illegal actions, including damage caused to public/private property, during the flash hartal on September 23, a Division Bench of the Kerala High Court on Thursday directed them to deposit ₹5.20 crores with Additional Chief Secretary, Home, towards the damages estimated by the State government as well as the Kerala State Road Transport Corporation (KSRTC).

The Bench comprising Justice A.K. Jayasanakaran Nambiar and Justice Mohammed Nias C.P. also ordered that if the amount was not deposited by the PFI and its secretary within two weeks, the State government should take immediate steps, including by invoking the provisions of the Revenue Recovery Act, to proceed against their assets/properties and the personal assets of its office bearers including the Secretary for realisation of the amount.

The court also ordered that the State government should ensure that in all the cases filed before the various Magistrates/Sessions Courts in the State in connection with offences committed during the flash hartal, Abdul Sathar was arraigned as an additional accused.

Moreover, the Bench made it clear that the magistrates/sessions courts in the State, while considering the bail applications of those persons against whom cases have been registered by the police in connection with the flash hartal, shall ensure that the payment of any amount quantified towards damage of property caused by any of the accused was insisted from the accused concerned as a condition for the grant of bail to them.

The court said that the amounts so realised shall be purely provisional, and be duly accounted for and held by the State government in a separate and dedicated account, for disbursal to those claimants who are identified by the Claims Commissioner. The PFI and its state general secretary shall also be liable for further amounts found to be payable to the claimants in the adjudication proceedings before the Claims Commissioner.

When the pending suo motu case against flash hartals came up for hearing, the State government submitted that all the accused in the incidents that took place on the day of the Harthal were identified and many of them were already arrested. In fact, till September 26, 417 FIRs had been registered in connection with the incidents, with the police arresting 1992 persons as well as making 687 preventive arrests.