Guwahati: Assam DGP GP Singh recently highlighted an important issue of the bandh. He discussed the power of the government to compensate for damages caused by these public disturbances. Singh pointed to an important 2019 judgment of the Gauhati High Court. This decree gives the government the right to demand compensation from the bandh organisers.
In a post on social media site ‘X’, GP Singh explained the significance of the High Court’s decision. The top police officer’s post included the relevant court verdict and said, “It should not be ignored that the GSDP of Assam is approximately Rs 5,65,401 crore. The loss of approximately Rs 1643 crore due to one-day bandh is due to such bandh. can be recovered from the instigators.” As per para 35(9) of the High Court order.”
The Gauhati High Court order gives a clear guideline for assessment and recovery of losses caused due to the bandh. The main terms of the order include the Assam government, particularly the home and political departments, to investigate the loss caused to the state due to the bandh or blockade. These losses can be assessed on a state, district or locality scale and recovered as land revenue dues from key organizers and participants.
The court order also directed the creation of a closed loss compensation fund within three months of the date of the order. The fund will be overseen by a unit run by a retired district and sessions judge, who will also probably include a retired or active administrative officer. In estimating compensatory claim values, this entity may call upon a professional appraiser or appraiser for assistance.
The authority of the Bandh Loss Compensation Fund is responsible to adjudicate all compensation claims for loss caused to people or property by bandhs and blockades. They will resolve any claims immediately. This includes individuals, private or public organizations and legal entities.
Essentially, the order creates a framework to address the economic and social impacts caused by the shutdown. It provides a way for affected people to seek compensation. It is clear, transparent and accountable.
