Supreme Court Warns Chief Secretaries Of 5 States For Not Filing Counter-Affidavit In PIL Against Mob Lynching

While hearing a PIL filed by National Federation of Indian Women (NFIW) raising alarm over the alleged increase in cases of lynching and mob violence, particularly by 'cow vigilantes', the Supreme Court issued a warning to 5 states - Assam, Chhattisgarh, Telangana, Maharashtra and Bihar- to file their counter-affidavits by the next date.

A bench of Justices BR Gavai and KV Viswanathan ordered that the counter-affidavits shall be filed by the Chief Secretaries of the five states, failing which, the Chief Secretaries shall themselves remain present before the Court and show cause as to why action should not be taken against them.

The Registrar (Judicial) was directed to communicate the order to the concerned Chief Secretaries and the matter listed after 4 weeks.

Background

NFIW has urged the top court to issue a mandamus to authorities to take immediate action “in terms of the findings and directions in Tehseen Poonawalla” to address the growing problem. In this connection, the petition refers to two incidents of Muslims being lynched by a mob over a suspicion of smuggling beef in Bihar's Saran and Nashik in Maharashtra; an alleged assault by Bajrang Dal on a Muslim daily wage earner for transporting two cows; a violent attack, illegal detention, and humiliation of two Muslim men by an angry mob in Orissa's capital, Bhubaneshwar; and an attack on a bus carrying several Hajj pilgrims by a violent mob in Kota, Rajasthan.

The State machinery, NFIW further alleges, has consistently failed to take adequate preventive and consequential action to curb the menace of lynching and mob violence. This is despite a ruling of the Supreme Court that the State has a 'sacrosanct duty' to protect its citizens from 'unruly elements' and 'perpetrators of orchestrated lynching and vigilantism'.

The petitioner has further submitted that the incidents of mob lynching and cow vigilantism should be seen as a result of false propaganda against minorities spread by means of public events as well as on social media channels, news channels, and films.

Besides praying for a writ of mandamus seeking the enforcement of the Tehseen Poonawalla guidelines, the NFIW has also sought immediate relief for the lynching victims by asking for a portion of the total amount of compensation to be granted to the victims or their families immediately after the incident as 'interim compensation'.

Notably, in the Tehseen Poonwalla judgment of 2018, the top court had issued comprehensive guidelines to the union and state governments regarding the prevention of lynching and mob violence. The same can be read here.

Appearance: Advocate Nizam Pasha (for NFIW); Senior Advocate Nalin Kohli

Case Details: National Federation of Indian Women v. Union of India & Ors. | Writ Petition (Civil) No. 719 of 2023

Click Here To Read/Download Order