The Supreme Court today issued notice in a Public Interest Litigation seeking compliance of the 2018 judgment of the Apex Court in the matter of Tehseen S.Poonawalla, in light of the alleged alarming rise in cases of lynching and mob violence against the Muslim community.

The Bench of Justice B.R. Gavai and Justice J.B. Pardiwala issued notice in the PIL and sought the response of the Central Government and the State Governments of Haryana, Madhya Pradesh, Bihar, Rajasthan, Orissa and Maharashtra. In the PIL filed under Article 32 of the Constitution by Advocates Rashmi Singh and Sumita Hazarika for the National Federation of Indian Women, it is submitted that relief is sought in view of the consistent failure of the State machinery to take adequate preventive and consequential action to curb the menace of lynching and mob violence.

The PIL says that despite clear guidelines and directions having been issued by the Apex Court in Tehseen S.Poonawalla v. Union of India & Ors. [(2018) 9 SCC 501], there has been an alarming rise in cases of lynching and mob violence against the Muslim community. Highlighting the recent incident of alleged lynching that took place on June 28, 2023, in district Saran of Bihar where a 55-year-old truck driver named Jaharuddin was allegedly lynched by a mob on suspicion of carrying beef, the PIL says that the Supreme Court recognized its own constitutional duty to take a call to protect lives and human rights.

The National Federation of Indian Women further says that the rampant rise in the incidents of lynching and mob violence is the natural consequence of the lack of adequate action by the State despite the detailed preventive, punitive and remedial measures that have been put in place by the Court. The plea further reads that the Court had held that the State has “sacrosanct duty to protect its citizens from unruly elements and perpetrators of orchestrated lynching and vigilantism with utmost sincerity and true commitment”.

"However, the State authorities have abjectly failed in making any sincere attempts to tackle this menace and there seems to be no end in sight so far as such incidents are concerned," reads the PIL. It also says that "The present incidents of lynching and mob violence should be seen as the result of the general narrative of ostracization of the minority communities through false propaganda that is being spread by means of public events where hate speeches are made targeting the minorities as well as through social media channels, news channels, and films. The result thereof is that a poison of general communal hate and divide has taken over large portions of the populace. This hatred is the precondition of crimes of lynching and mob-violence", the petition reads.

The following alleged incidents have been highlighted in the petition: A. On June 24, 2023, Afan Ansari and Nasir Hussain were intercepted by a mob on suspicion of smuggling beef and while shouting "Jai Shree Ram", the men brutally assaulted them. B. On June 8, 2023, a 23-year-old Lukman Ansari who was a daily wage earner was lynched by members of the Rashtriya Bajrang Dal (RBD) for transporting two cows. C. On June 17, 2023, in Bhubaneshwar, Orissa a Hindu mob engaged in a violent attack against two Muslim young men. D. On June 26, 2023, in Kota, Rajasthan a bus carrying several Hajj pilgrims was attacked by a violent Hindutva mob.

"The aforementioned incidents of lynching and mob violence that occurred in just the last two months (May & June, 2023), are but a few examples", submits the Petitioner.

The PIL seeks directions to implement the Judgement in Tehseen Poonawalla's case, to provide redressal in the cases of lynching and mob violence mentioned in the plea and to provide a minimum uniform amount to the victims of mob violence. The plea also seeks immediate interim compensation in the cases of lynching.

Cause Title: National Federation of Indian Women (NFIW) v. Union Of India & Ors. [W.P.(C) No. 000719/2023]

Justice BR GavaiJustice JB PardiwalaMob Lynching

Ramey Krishan Rana