The Centre on Monday assured the Supreme Court that the Union and State governments would, within a week, start broadcasting on radio and TV a stern message that mob lynchings and violence would invite the “wrath of law”. The Centre’s promise came in response to a query by a Bench led by Chief Justice of India Dipak Misra as to whether the court’s directions on the matter had been complied with.
On July 17, the Supreme Court had directed the governments, both at the Centre and in the States, to disseminate using radio, television and other media platforms including the official websites of the Home Department and police of the States the message that “lynching and mob violence of any kind shall invite serious consequences under the law”.
On Monday, senior advocate Indira Jaising, appearing for activist Tehseen Poonawala, drew the court’s attention to its more than two-month-old direction to use the mass media to warn against public lynchings.
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The direction on broadcasting warnings was part of the court’s July 17 verdict and was included among the “preventive measures” that the governments were supposed to put in place to save innocent lives from mob fury.
The court had held that it was the obligation of the government to safeguard citizens and ensure that the “pluralistic social fabric” of the country was protected against mob violence.
In her submission, Ms. Jaising said nothing appeared to have been done on the ground. She said people must be made to realise the gravity of their acts, and for this, they ought to dread the long arm of the law.
When the court sought a response from Attorney General K.K. Venugopal and Additional Solicitor General Tushar Mehta, they replied that “the same shall be done, if not already done, within a week”. Mr. Venugopal informed the Bench that an empowered Group of Ministers was considering a specific law against lynchings.
“It has to be borne in mind that the said direction was issued so that people would realise the gravity of their act and the effect on the law and order situation,” Chief Justice Misra observed in Monday’s order for the Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud. “The said purpose has to be put on the high pedestal and people must realise that involving in such kind of activities will invite the wrath of law.”
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The Supreme Court had in its July 17 judgment termed the increasing incidents of mob lynchings as “horrendous acts of mobocracy”.
On Monday, the court also directed the State governments to not lag in compliance and follow the direction “absolutely religiously within a week from today”.
The court noted that eight States and Union Territories including Mizoram, Telangana, Meghalaya, Arunachal Pradesh and Delhi were yet to file reports indicating their compliance with the July 17 verdict. It granted a last opportunity to the eight States and UTs to file their compliance affidavits within three days and listed the PIL of Congress leader Tehseen Poonawala after two weeks.
Mr. Poonawala, in his plea, has filed a contempt petition against the Rajasthan government over the lynching of 28-year-old dairy farmer Rakbar Khan. Mr. Khan was attacked by a group of cow vigilantes at Alwar in Rajasthan on July 20, three days after the apex court had delivered its July 17 verdict.
On September 7, the court had ordered the Rajasthan government to file an affidavit on the status of the Alwar probe and on the action taken against the errant police officers.
Mr. Mehta had submitted that the State House Officer was suspended and the constables transferred. A chargesheet had also been filed against three of the accused for murder.