Punjab & Haryana HC May Attach Dera Properties as Compensation

Has the Punjab & Haryana HC ordered that damages be compensated from Dera Sacha Sauda properties? Not exactly.

A fire brigade truck burnt by Dera Sacha Sauda members lies near the CBI court in Panchkula.

(Photo: AP)

The Punjab and Haryana High Court will conduct a special session on 26 August as part of its continuing assessment of the law and order situation relating to the conviction of self-styled godman Gurmeet Ram Rahim for rape and criminal intimidation.

The court conducted two sessions on 25 August, passing interim orders with the objective of helping direct efforts to maintain peace in Panchkula, the location of the special CBI court which had been hearing the case against the Dera Sacha Sauda leader, and other parts of Punjab and Haryana.

For all the updates in the Ram Rahim rape case, read: Ram Rahim Rape Case Live
Also Read: Politicians React to Violence After Ram Rahim Singh’s Conviction

Order 1 (Pre-Conviction) – Use of Force Against Violent Protesters Authorised, Warning for Politicians

The first order at 11 am noted the developments in Panchkula, where multiple devotees of Ram Rahim had gathered over the past few days, and the deployment of police and paramilitary forces to deal with the threat they posed. In light of the circumstances, the High Court said:

• authorised use of force against anyone indulging in acts of violence;
• gave the police and paramilitary forces a free hand to deal with the situation;
• warned that anyone making provocative speeches or interfering with the peace, including, specifically politicians and Ministers, would have FIRs filed against them.

Also Read: Dera Violence Spreads Beyond Panchkula, Sec 144 Imposed in Delhi

Order 2 (Post-Conviction) – Damages to be Recovered From Those Responsible

The second order at 4 pm noted the violence and disturbance to law and order after the announcement of Ram Rahim’s conviction, and the reports of the police running away from the scene of violence.

The judge then passed the following directions:

• police had to fulfill their duties to the full, any dereliction was to be investigated and punished;
• all those who had instigated and incited the crowd to commit arson and violence were to be “sternly dealt with”;
• the Dera Sacha Sauda are to submit a list of its assets and properties that can be attached IF they are found responsible for inciting the violence.

Also Read: Timeline: Here’s How Gurmeet Ram Rahim’s Rape Case Unfolded

No Actual Order of Attachment or Sale of Property

Media organisations incorrectly reported that the High Court had already ordered the attachment of Dera Sacha Sauda properties.

The High Court only pointed out that the organisation’s assets and properties may be attached to compensate for the damage caused by the rioters and protesters if they are found to have been responsible for inciting violence.

The Court is not passing a knee-jerk reaction, and the recovery of damages from the organisation, IF found to have been responsible, should be in accordance with Article 226 of the Constitution (High Court’s powers to issue writs).

To clarify, at this time, the Court has neither made a finding of responsibility, nor issued directions for attachment of the Dera’s assets and properties.

The court will receive further reports on 26 August on the law and order situation, and will expect the Dera’s list of properties and assets, though, no order of attachment will be forthcoming.

Also Read: What Happens Next to Gurmeet Ram Rahim & the Dera Sacha Sauda?

Read: Both Orders from the Punjab and Haryana High Court

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