7.
Ensure that the victims of acts of enforced disappearance and their
family shall obtain redress and shall have the right to adequate
compensation, including the means for as complete a rehabilitation as
possible. In the event of the death of the victim as a result of an act of
an enforced disappearance, their dependents shall also be entitled to
compensation.
Box-38
During judicial scrutiny of an extraordinary law and order situation, the
Court shall:
1.
Determine whether an assembly is likely to disturb the public peace as
to :
(a)
Whether the assembly itself is lawful.
(b)
Whether the assembly is intrinsically calculated to create a riot.
2.
Ensure that all orders promulgated under S.144 Cr. PC are done on the
basis of the opinion and satisfaction based on sufficient material.
3.
Ensure that all petitions for promulgation are thoroughly examined by
the court by means such as a sworn statement and it must be seen to it
that responsibility is taken for the statements made in the petition.
4.
Determine the negative nature of a direction under S.144, with due
regard to the substance of the direction and not the form.
5.
Ensure that all orders promulgated under S.144 Cr. P.C are short, simple
and absolutely clear. The order must specify the area of its operation
with such certainly that, in the minds of those to be affected by it there
can be no reasonable room for mistake.
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