New Delhi: The Supreme Court on Tuesday (February 11), while disposing of a plea on mob lynching, said sitting in Delhi it cannot monitor issues related to mob lynching in various areas of country and such micromanagement by it will not be feasible disposed of a plea related to it.
A bench comprising Justice BR Gavai and Justice K Vinod Chandran was hearing a Public Interest Litigation (PIL) filed by National Federation of Indian Women alleging increase in cases of mob violence and mob lynching, particularly cow vigilantism against Muslims.
What did the plea seek?
The plea sought implementation of Tehseen Poonawalla judgement on hate speech and mob lynching and providing redressal in mob violence and mob lynching cases to the victims and their families.
The bench referred to its 2018 judgment in the Tehseen Poonawalla case in which the top court has passed a slew of directions to provide “preventive, remedial and punitive measures” to deal with mob lynching and mob violence.
“Sitting in Delhi we cannot monitor issues in different parts of the country and in our view such micromanagement by this court will not be feasible. If any person is aggrieved, competent court can be approached in accordance with the law,” the bench said while disposing of the petition.
Authorities were bound to follow direction in the 2018 verdict: Apex Court
The bench further said that when directions have been issued by the top court, the directions are binding on all the authorities and courts in the country in view of Article 141 of the Constitution of India and authorities were bound to follow its direction in the 2018 verdict.
On the issue of providing redressal in mob violence and mob lynching cases to the victims and their families, the bench said that if there was any non-compliance with its 2018 directions, there was remedy available for the aggrieved person and the person could approach competent courts.
Plea seeking omnibus relief not in interest of victims: Apex Court
On the issue of adequate compensation in cases of mob lynching, the bench said that it will differ case to case and no uniform directions can be issued and if a direction is issued, it will mean doing away with discretion available to authorities or courts. It further said that if a person gets simple injury and another person gets serious injury, a uniform compensation direction will be unjust and thus the plea seeking such omnibus relief is not in interest of victims.
