The High Court of Karnataka on Monday indicated that it would appoint a retired district judge as claims commissioner to assess the loss and damage caused to public and private properties, and cost incurred by public authorities to take preventive and other measures during the Karnataka bandh calls given by various organisations from January to April 2018.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Mohammad Nawaz made these observations while adjourning the hearing on PIL petitions complaining about public inconvenience and loss and damage caused during the multiple bandh calls given in connection with the Mahadayi water dispute.
Meanwhile, the Bench also agreed to examine a separate PIL petition, filed by Ravikumar Kanchanahalli, and an application filed in one of the pending PIL petitions on the loss and damage caused to public properties in Ramanagaram district during the bandh call, and the protests organised by several organisations and individual political leaders between September 4 and 11 against the arrest of former Minister D.K. Shivakumar.
When government counsel sought time to come out with a law in terms of the guidelines issued by the Supreme Court in 2009, the Bench said at present the court has to appoint a retired district judge in terms of the apex court’s guideline as the government so far has not framed any law. The Bench asked government counsel to suggest names of two retired judges for the court’s consideration.
The guidelines issued by the apex court empower the high courts to take action suo motu in cases of mass destruction of properties during protests, by setting investigation machinery and appointing retired judges as claims commissioner to estimate damages.
