Minor's Mob-Lynching Case | "Mob Violence Worst Form Of Crime; Police Hiding Something": Jharkhand High Court Orders CBI Probe

"Mob lynching or mob violence is one of the worst forms of crime committed by a group of people in a locality without any botheration of its consequence," the Jharkhand High Court observed as it transferred the probe into the 2022 mob lynching case of a minor boy named Rupesh Pandey to the Central Bureau of Investigation (CBI).

The bench of Justice Sanjay Kumar Dwivedi prima facie observed that the State Police had been hiding something about the case and therefore, it found it appropriate to transfer the probe to the CBI.

The case in brief

Our readers may note that on February 6, 2022, Pandey along with his uncle had gone to witness the immersion procession of Saraswati Puja. When he reached the place of Sarswati Puja, then a mob assembled near the puja place led by one Md. Aslam Ansari @ Pappu Khan allegedly took the deceased among the mob and lynched him.

Thereafter, the mother of the deceased minor boy had moved the instant plea seeking a CBI probe into the matter alleging that the probe was being delayed by the state police. It was argued on her behalf that lynching was committed by a particular community and that to date only five persons have been arrested and rest accused persons have not been arrested.

Significantly, it was contended that when higher officials of the State are involved in the matter, then, to gain the confidence of the public at large in the investigation agency, it becomes necessary for the Courts to hand over the charge of the case to the specialized agency

On the other hand, the State opposed the plea of the mother of the deceased as it submitted that 11 persons have been arrested and an investigation is going on in the matter.

As far as the rest of the accused persons are concerned, it was submitted that steps have been taken for the apprehension of the rest of the accused persons who have not been arrested as yet. Lastly, it was argued that it is not a case that this Court may interfere for transferring the matter to the C.B.I.

Court's observations 

At the outset, the Court noted that despite the fact that 27 persons had been named as accused in the matter, the Investigating Officer had filed a charge sheet against only five persons. The Court also made an observation that prima facie the Police weren't investigating the case independently.

"When the incidence took place on 06.02.2022 and the entire police administration as well as district administration swung into action why the case for arson has been made by another community, has not been registered on 06.02.2022 raising an eyebrow on the police and on the complaint by another community another F.I.R. was registered on 08.02.2022. Prima facie it appears that police is not investigating the matter independently and is being influenced on the behest of some persons."

Further, the Court noted that if the constitutional courts come to a conclusion that a particular case is required to be handed over to the specialized agency, they have got the power to do so, however, such a power must be exercised under exceptional circumstances.

Significantly, the Court went on to compare the instant case with an incident that took place in West Bengal when a worker of a political party was murdered and there was a hue and cry in the State and even the ruling party was raising that matter.

The Court noted that when that particular matter had come before the Supreme Court in the case of State of West Bengal & Others Vs. Committee for Protection of Democratic Rights, West Bengal and Others (2010) 3 SCC 571, then the Top Court had held that the political party and higher of the State are involved to make confidence of the public at large in investigation agency it is necessary to hand over the charge of the case to the specialized agency.

Consequently, taking into account the overall surrounding circumstances, the Court came to the conclusion that the case was required to be investigated by the Central Bureau of Investigation.

Importantly, before parting with the order, the Court stressed that mob lynching or mob violence is one of the worst forms of crime committed by a group of people in a locality without any botheration of its consequence.

"According to them, there must be various causes or reasons which may not be just or legal, on the basis of which such said crime is committed by them, out of which one is commonly or generally said to be due to the delay in delivery of justice or the administration of justice. This is serious concern for the entire society," the Court added as it disposed of the criminal writ petition.

Case title - Urmila Devi v. State of Jharkhand and another

Citation :2022 LiveLaw (Jha) 85

Click Here To Read/Download Order