HC seeks MP govt response in plea against recovery of damages Act

On Tuesday, hearing a petition filed by one Fatima Bi, a two-judge bench of Justices Vivek Rusia and Amarnath Kesharwani issued notice to the state government. Fatima’s husband Shajju, alias Shehzad, is an accused in case related to the Khargone communal clashes that broke out during the Ram Navmi procession on April 10, 2022.

In her petition, Fatima has accused the state government of using the law “for depriving citizens of their property and for prosecuting them arbitrarily, furthering the purpose of political vendetta and revenge”.

The petition stated, “Even if a person is named in an FIR, it does not create a sole ground for conviction unless and until the trial in completed and the judgement is passed by the trial court. If any adverse order is being passed by the claims tribunal against the accused then certainly it will create a negative impact on the judgement as the person has already been declared a stone pelter or a rioter without conclusion of the trial.”

The petition also pointed out that “the process of identification, selection and designation of individuals or groups for attaching liability is nowhere explicitly mentioned in this instant legislation which leaves it wide open for gross misuse as has been done by the respondents in this situation. The process can lead to arbitrary action of the legislation which can lead to injustice to any person”.

The petition further stated, “The soul of the Act is by default a tarnished one and factually against the Constitution of India and the provision enshrined within it”.

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After communal clashes broke out in Khargone on April 10, there was extensive damage to private property of members from the both communities. Subsequently, the government announced the first claims tribunal to be set up in Khargone as per Section 4 of Act.

So far, nearly 200 claims have been filed in Khargone tribunal, of which 80 are being heard.