Lynching- States Under Obligation To Compensate Victims:SC, Petitioners Say Kin Of Victims Being Harassed

Senior lawyers Kapil Sibal and Indira Jaising appearing for various petitioners raised the cases of murdered Junaid and Pehlu Khan and said while the victims were far from getting justice, their kin were being harassed through counter FIRs against them. They termed it a sad situation and urged the intervention by the highest court of the country.

In significant remarks, the Chief Justice-headed bench of the Supreme Court today said all states are anyways under an obligation to compensate victims of violence in the name of cow vigilantism even without a specific order of the court.

The remarks from the bench headed by Chief Justice Dipak Misra came after senior advocate Indira Jaising appearing for Tushar Gandhi,  great-grandson of Mahatma Gandi, one of the petitioner in the pleas seeking ban on cow vigilantism and strict action against the violence indulged by them vehemently argued for a scheme for compensation for such victims like Junaid lynched on train in Faridabad allegedly by cow vigilante group. "The payment of compensation should have been an automatic process", Jaising argued.

Senior lawyers Kapil Sibal and Jaising raised the cases of murdered Junaid and Pehlu Khan and said while the victims were far from getting justice, their kin were being harassed through counter FIRs against them. They termed it a sad situation and urged the intervention by the highest court of the country

“We do not have to say that. All states are under an obligation to compensate victims of cow vigilante violence.At the same time law and order has to have primacy and anyone violating must be dealt sternly”, the CJI said.

“SHOW COMPLIANCE”: SC TO STATES

Meanwhile the court asked all states to file affidavits on the status of the implementation of the court direction to appoint nodal officers to keep an eye on cow vigilantism and to take action as per its earlier order.

Gujarat, Karnataka, Jharkhand, Rajasthan and Uttar Pradesh filed affidavits while Bihar and Maharashtra said they will file it during the course of the day.

Mincing no words, the bench had on September 6 said all killings and violence in the name of cow vigilantism must end and people shall not be allowed to take law into their hands.

After hearing senior advocate Indira Jaising who appeared for Tushar Gandhi, one of the petitioner seeking action against cow vigilantism, and social activist Tehseen Poonawalah's lawyer, CJI Misra had  orally observed: "Centre says there is a law in place. Then such incidents have to be curbed.People cannot be allowed to take law into their hands. This must stop.This is not permissible".

Jaising argued: "centre says they do not support but even after that statements innocents getting killed. They also say FIRs being lodged. But we do not want to come to court when people are dead..we have to prevent it"

The Modi Government had on July 21 made a categorical statement before the Supreme Court that they  do not support any cow vigilantism and said it will be soon stated in an affidavit.

Solicitor General Ranjit Kumar appearing for the Centre also said these were issues of state subject being subject of law order and it was for the state’s to control them.

The bench however asked the Centre and States to file affidavits within four weeks. The AG also said the Government has made a statement in parliament that states are taking action in each case and accused have been jailed.

State of Gujarat told the bench stern action had been taken.

On April 7, the Supreme Court had formally issued notice to the Centre and some States on a petition which sought a ban on cow protection vigilantes for indulging in violence.

The bench headed by Justice Dipak Misra issued notice to Rajasthan, Uttar Pradesh, Maharashtra, Gujarat, Jharkhand,Karnataka  etc. where such vigilante groups are valid and given licenses....

“We want their responses” the bench had said seeking replies within four weeks. That hearing had happened amidst nationwide outrage over killing of a man allegedly by a cow vigilante group in Rajasthan’s Alwar . Thereafter four at least four such incidents have been reported.

Agreeing to adjudicate on the raging controversy for the first time, a division bench of the Supreme Court headed by justice Dipak Misra on October 21 last year said it will examine the issue if the cow protection vigilate groups across the country should be banned for allegedly indulging in violence.Let us go though the petition in detail. Yes we will examine the issue”, the bench had told Sanjay Hegde, the senior lawyer who appeared for social activist Tehseen Poonawalla who has filed a PIL on the issue and directed the registry to serve a copy of the petition to the Union of India “so that they can appoint a lawyer” to put forth their stand.

Poonawalla filed the petition in August last year seeking direction to the Centre and some states to take action against so-called cow vigilantes, who are allegedly spreading violence and committing atrocities against Dalits and minorities.