In a much delayed move, the State Cabinet has given its nod to the amendment of Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985. The Cabinet is reported to have debated the issue at length and finally approved through consensus vote that there is great need to add more provisions to the Act in order to give teeth to it. Actually, this step should have been taken long back and it could have saved some public and private properties from being vandalized during violence and unrest. What has prompted the Cabinet to think of bringing amendment to the Act is the scenario that has been witnessed during the days of unrest in the three districts of South Kashmir.
The Cabinet, while debating the issue in the absence of the Legislative Assembly not being in session, came to the conclusion that not only public properties but private properties too have been damaged by the vandals during the days of unrest. The Government is obliged to rebuild the damaged public structures like schools, police stations, dispensaries and public offices. It is also obliged to pay compensation to the sufferers of private property because under the Constitution the Government is bound to save the lives and properties of peace loving citizens. Evidently, the Government had to bear the huge extra burden of making good the loss created by vandals. According to the clauses of 1985 Act a person charged with damaging the public property had to suffer one year imprisonment on being convicted. The new amendment suggests that the punishment could be two years besides the fine to the tune of the cost of the damaged property.
The amendment to the Act also takes into account the criminal activity of those who abet the vandalizing of public or private property. We learn that with these amendments, not only private property will come under the purview of the Act but those abetting damage to private or public property even without direct involvement in the offences will face action which includes imprisonment of minimum two years as against earlier provision of only one year minimum imprisonment. Under Section 4 of the Act, several sub-sections are being incorporated to ensure that whosoever commits mischief in respect of any private or public property due to direct action, whether declared or not, shall be punished with imprisonment which shall not be less than two years but which may extend to five years and with fine equivalent to the market value of the property damaged or destroyed. In case of default in payment of fine, the imprisonment for a further period of six months will be awarded. These indeed are stringent amendments and much needed in view of the lawlessness that had engulfed the parts of valley during summer unrest in South Kashmir. We congratulate the Cabinet for taking very strong and bold decision. The FIR filed by the concerned police station will be sufficient evidence to establish a case of wilful damaging of public or private property. Even those who give a call for vandalizing of property directly or indirectly will be brought under the ambit of the amended Act. Since the Legislative Assembly is not in session, the Cabinet has decided to bring in the ordinance for which the agreement of the Governor is necessary.
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