In anticipation of potential law and order disturbances in Assam, the state's director general of police issued stringent regulations on Monday, March 11. These will be enforced if protests against the Citizenship (Amendment) Act (CAA) implementation arise.
The directive follows the opposition parties' rallying support for intense anti-CAA demonstrations across the state, in response to the Centre notifying rules for the CAA's implementation today.
The Assam Police has outlined potential scenarios in the coming days and the appropriate actions to be taken.
Road blockades and rail blockades are nothing but variants of bandh; therefore, those are also illegal and unconstitutional.
If any organization calls for an Assam bandh or state-wide road blockade/rail blockade and enforces the same, first information shall be lodged by the Commissioner of Police, Guwahati city or by any of his subordinate officer whom he may authorize before the Panbazar Police Station within 24 hours of such bandh/blockade, whereafter written information shall be furnished by the Commissioner of Police, Guwahati city to the Commissioner and Secretary to the Government of Assam, Home and Political Department within three to seven days of lodging of first information with case details.
In case of a district bandh or a bandh covering more than one district or a local bandh or a blockade of either road or rail of a similar nature, the jurisdictional Superintendent of Police shall lodge first information before the competent police station within 24 hours of such bandh or blockade, whereafter the said Superintendent of Police shall inform the Commissioner and Secretary to the Government of Assam, Home and Political Department about lodging of first information with case details within three to seven days of lodging of first information.
Investigating Officers in all such cases shall carry out investigation expeditiously and file charge sheets before the competent criminal court promptly so that the offenders can be tried in a fast track mode.
Assam Police Accountability Commission shall monitor the filing of the first information and registration of cases as per directions 2, 3, and 4 above. In case of any default or non-seriousness in complying with the above directions, appropriate action may be taken by the Assam Police Accountability Commission in accordance with the law.
In addition, the Assam Police Accountability Commission shall submit a monitoring report to the Registrar (Judicial), Gauhati High Court, Guwahati once every three months.
Commissioner and Secretary to the Government of Assam in the Home and Political Department, within seven days of receipt of information as per direction 2 and 3 above, shall file contempt petition(s) against the organizers and the main office bearers of such organizations calling bandhs and blockades before this Court, wherein particulars of criminal cases registered against the organizers shall be furnished.
If there is any default in carrying out direction 2, 3, 4, and 6 above, that would be treated as dereliction of duty by the concerned authority, who would, thereafter, be liable to face departmental action, besides exposing themselves to committing contempt of court.
Registrar (Judicial), Gauhati High Court, Guwahati shall maintain a record of monitoring reports submitted by the Assam Police Accountability Commission. On receipt of each report, he shall examine whether any related contempt petition has been filed in terms of direction 6 above, if the occasion had so arisen. If no such contempt petition has been filed, he shall register a contempt case against the organizers and persons concerned which may include the Commissioner and Secretary to the Government of Assam in the Home and Political Department for failure to take steps in terms of direction 6.
Government of Assam in the Home and Political Department shall make an assessment of loss caused to the State on account of bandh or blockade, be it state-wise or district-wise or locality-wise, which shall be recoverable from the organizers and main office bearers of such bandh or blockade as arrears of land revenue.
Government of Assam in the Home and Political Department shall constitute a Bandh Loss Compensation Fund within a period of 3 (three) months from today, which will be managed by an authority headed by a retired District and Sessions Judge and which may include one Administrative Officer, retired or serving. The authority may take assistance of an assessor or a valuer while examining or assessing claim for compensation.
The quantum of loss recovered under direction No. 9 shall be deposited by the Government of Assam in the Home and Political Department into the Bandh Loss Compensation Fund.
All claims for compensation for loss to person or property because of bandh and blockade shall be decided by the authority of the Bandh Loss Compensation Fund by evolving its own procedure, which should however ensure quick settlement of such claims. Claims can be lodged by private individuals, both private and public bodies, juristic persons etc.
Claim of the petitioner shall be placed before the Bandh Loss Compensation Fund immediately on its constitution, whereafter the same shall be decided by the authority of the fund in accordance with law.