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PFI Hartal: Kerala HC directs commencement of quantification of loss from next week

The proceedings for quantification of the loss caused by the state unit of the Popular Front of India (PFI) in the illegal flash hartal on September 23, 2022, will have to be commenced from next week onwards.

Thiruvananthapuram, January 24, (BPNS)

The proceedings for quantification of the loss caused by the state unit of the Popular Front of India (PFI) in the illegal flash hartal on September 23, 2022, will have to be commenced from next week onwards. 

A direction in this regard was given to the state government by a division bench of the Kerala High Court on Tuesday. The court has also directed the government to provide such assistance required to the Claims Commissioner for commencing the proceedings.

“An affidavit has to be filed by the additional secretary, home department furnishing details showing the link of the persons, whose properties
were attached, with the PFI. The affidavit shall also show the valuation of the properties attached,” reads an excerpt from the interim order.

It is the division bench comprising Justices AK Jayasankaran Nambiar and Mohammad Nias CP who had considered the writ petition. The case will again be heard by the bench on February 2.

Earlier, a memo was filed before the bench by the state attorney showing the district-wise details of the properties attached. However, it also   stated that there were some disputes concerning the properties attached in Malappuram District, where persons objected on the ground that they are neither the office bearers nor they have any relationship with the PFI.

“The genuineness of those objections would be examined and necessary action will be taken in accordance with law,” said the memo.

Taking note of this, the court directed the home department o to furnish details showing the link of the persons, whose properties were attached, with the PFI.

It was on the other day that the same bench pulled up the state government for not attaching the properties of the leaders of the PFI. The court had frowned over the government’s action to issue a show cause notice to the concerned instead of not going straight away to proceed to attach the properties.

The court then observed, “We are of the view that the government should have straight away proceeded to attach the properties and bring the same to the sale for the realization of the aforesaid amount of Rs.5.20 crores by following the procedure under Section 35 of the Revenue Recovery Act.”

The attachment of properties was directed by the court over the widespread violence on September 23, when a hartal was called by the PFI state unit against the NIA raid. In that hartal, there was widespread destruction of the properties belonging to the Government, KSRTC as well as private citizens.