On Friday, 23rd December 2022, the Kerala state government furnished an unconditional apology before the Kerala High Court for stalling the recovery of 5.20 crores in losses from the Popular Front of India (PFI) for a flash strike organized by the banned Islamist outfit on 23rd September 2022.
#BREAKING | Kerala Govt tenders unconditional apology before High Court for failing to follow its order to initiate revenue recovery proceedings against PFI for damage caused to public property during flash strike – https://t.co/bn2E9PIOwP pic.twitter.com/iwNAs0wfF9
— Republic (@republic) December 23, 2022
It is notable that the bench of Justices AK Jayasankaran Nambiar and Mohammed Nias CP had previously stated on Monday 19th December 2022 that the state government’s conduct was completely inappropriate and disrespectful to the court’s directives. On Friday, December 23, the court summoned the additional chief secretary of the Kerala state’s Home Department. He was asked to present a signed affidavit mentioning the timeline for recovering the estimated damages.
In accordance with the high court’s order, the Additional Chief Secretary, Dr V Venu, arrived in court. The HC raised concerns that the state government has delayed the action of recovery of damages from PFI. The additional chief secretary guaranteed in his affidavit that the confiscation procedure would be finished by January 15. The government’s affidavit was accepted by the high court. The high court deemed the occurrence of property destruction to be severe.
The court had said in its order on Monday, “We find the attitude of the State Government, as discernible from the averments in the paragraphs of the affidavit extracted above, to be wholly unacceptable, and per se disrespectful to the directions of this Court. The State Government cannot adopt such a callous attitude when called upon to implement the directions of this Court, especially in matters of public interest and involving destruction of public property.”
The bench of Justices AK Jayasankaran Nambiar and Mohammed Nias CP had previously said that the attitude of the state government was wholly unacceptable and per se disrespectful to the directions of the court
— Bar & Bench (@barandbench) December 23, 2022
Read more about the previous order: https://t.co/zSG3SnB8Pw
The PFI had called for a strike on 23rd September without the mandatory 7-day notice. Suo Motu contempt proceedings were started by the Kerala High Court on September 23. Later, the KSRTC filed a petition with the High Court asking for compensation from the PFI in the amount of 5.06 crores for the harm done to its buses during the strike, during which several protesters had pelted stones and engaged in other destructive activities.
The State Government stated in its affidavit on Monday that the Revenue Department had notified it that the auction and requisition process for the PFI and Abdul Sathar’s properties would take more than a month. It further claimed that the District Collector had notified them that there wasn’t enough staff at the Collectorate to cooperate, and there wasn’t enough room in the offices for the Claims Commissioner. However, the affidavit stated that other arrangements were being made to assist the same in collaboration with the District Collector of Ernakulam.
Earlier on 18th November 2022, the court observed that the State Government had informed it that the Revenue Department, and the District Collector received the correct instructions and a Claim Commissioner was also appointed. The Court held that the State government could not take such a callous stance, particularly when it came to issues of public importance and the damage of public property. The Court additionally stated that the period allotted for compliance with the prior directives would not, under any circumstances, be extended past January 31, 2023.
Abdul Sathar, a former state secretary for the Popular Front of India who is charged in the case, will be brought before the court via video conference. In various police stations, more than 140 cases have been filed against him.
