Alwar Lynching: SC Asks Rajasthan Govt. To File Affidavit On Contempt [Read Order]

In the wake of the unfortunate Alwar lynching episode of July 24, the Supreme Court on Monday required the principal secretary of the Home Department, state of Rajasthan to file within 2 weeks an affidavit clarifying the position as to inquiry and the disciplinary action against the state police.

A month After the Supreme Court Judgment in Tehseen Poonawalla Vs Union of India  wherein the bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar stipulated comprehensive measures, preventive and remedial, to obligate states to check the alarming rise in the instances of cow vigilantism and mob violence, the matter was listed on Monday for the purpose of examining the compliance reports filed by the states.

Besides, the contempt petitions were also moved against the state of Rajasthan in connection with the Alwar lynching.

“The incident occurred in Rajasthan within a few days of the reasoned order passed by Your Lordships...there is an admission by the police that they committed an error in failing to take the injured person to the hospital in time...the victim was brought to the hospital only after 3 hours because of which he succumbed to death...there is a difference between a crime and an error...has any disciplinary action be taken against the police?”, advanced Senior Advocate Ms. Jaising.

Indicating the earlier order of the bench contemplating the personal appearance of the principal secretaries of states, she pressed, “Your Lordships had dispensed with the requirement of personal appearance, but in the case of Rajasthan, the officer must be directed to appear on the next date”

When the Chief Justice required the Counsel of the state of Rajasthan to inform the court of the steps taken, the Advocate submitted that appropriate action against the police officers has been initiated.

Noting that despite the judgment rendered on July 17, a “terrible lynching” transpired in Rajasthan, the Chief Justice ordered the principal secretary of the state to file an affidavit “clarifying the position as to every aspect”, not inclined to require his appearance in person immediately.

“Now that the judgment has been delivered, it has to be complied with. If there are any deviations, we will see”, assured Chief Justice Misra.

On being informed by Senior Counsel Sanjay Hegde, who appeared for Tehseen Poonawalla that so far only one state has filed the compliance report, the bench granted two weeks’ time to all states to do the needful, scheduling the matter on September 7 next.

On Monday, Senior Advocate Salman Khurshid also entered appearance on behalf of the daughter of the victim in the 2015 Dadri lynching, being the first in the string of such grave instances of violence.