Karnataka violence: HC appoints retired judge Justice H S Kempanna as Claims Commissioner

The Karnataka High Court on Friday appointed retired judge Justice H S Kempanna as the Claims Commissioner to estimate the damage and investigate liability in the riots at DJ Halli and KG Halli.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi passed the order and directed the state government to consult Justice Kempanna for necessary infrastructure. The division bench passed the order based on the Supreme Court judgment in a 2009 suo motu petition on Destruction of Public and Private Properties.

As the matter came up for hearing, the bench heard on various issues including the petition filed by the state government seeking appointment of Claims Commissioner. Considering the situation created by the pandemic, the bench informed the Claims Commissioner that it was open for him to conduct the hearings through video conferencing, including the recording of the statement.

The bench stated that the appointment of Claims Commissioner was only based on the materials showing the destruction of public and private properties. ``We clarify that we have not gone into the correctness of the FIR. The directions which we have issued are based on the materials on the destruction of public and private properties,’’ the bench said.

The bench also said that as per the Supreme Court order, once the Claims Commissioner submits the report, the liability will have to be determined before the High Court after hearing the parties.

The bench gave a slew of directions to the state government in regard to the appointment of Claims Commissioner, from fixing the remuneration of the Claims Commissioner considering his status as a retired judge of the High Court to the appointment of necessary staff, especially property assessors.

``Considering the fact that the claims commissioner will have to estimate the damage caused to the private and public property and investigate the liability, wide publicity shall be given by the state government to the appointment of the Claims Commissioner. The publicity should be given calling upon the persons whose properties have been damaged to submit the particulars before the learned Claims Commissioner to enable him to assess the losses caused to the private and public property,’’ the bench said. The court added that the draft of the advertisements shall be submitted to Claims Commissioner for his approval.

The bench has also informed the Claims Commissioner to submit the report through his office to the Registrar (Judicial) in the event the Claims Commission requires a direction for summoning witnesses or procuring documents, and video and other recordings.