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The Supreme Court on Tuesday said that it is infeasible for it to monitor and micromanage issues of mob lynching that occur in different parts of the country while sitting in Delhi.
The apex court said that aggrieved persons can find remedy in law if the authorities comply with the directions it had already passed in the Tehseen Poonawalla verdict in 2018. Noting that the situation would be different in every state, the SC said it will not be possible for it to manage everything from Delhi. A Bench of Justices B R Gavai and K Vinod Chandran also clarified that a set of uniform directions cannot be issued with regard to providing adequate compensation to the victims of mob lynching as doing so would lead to taking away the discretion of State authorities and lower courts who are better suited to deal with the issue. The apex court further said that a uniform compensation scheme for victims of mob lynching would be unjust as each case is different from the other, and the degree of injury sustained by each victim also varies. "Like if a person gets simple injury and another gets serious one, a uniform compensation direction will be unjust. Thus plea seeking such omnibus relief is not in interest of victims", the apex court stated in its order. The SC was hearing a Public Interest Petition (PIL) filed by the National Federation of Indian Women (NFIW) that sought the court to oversee the alleged incidents of mob violence and lynching that are particularly incited by Cow vigilante groups. NFIW, in its plea, also sought the court to issue a uniform set of directions for authorities to deal with such incidents. Advocate Nizamuddin Pasha who appeared for the petitioners, contended that in several states private individuals are given police powers to seize vehicles and nab people for the smuggling of cattle. In this regard, the attitude of the state machinery in not being able to deal with such incidents should be looked at, the lawyer submitted. After considering submissions, the SC noted that it has already issued directions in this regard to all States. Thus it proceeded to direct all state authorities to comply with the directions issued in the Tehseen Poonawala case. Further, the apex court also stated that it is not suitable for the court to test the validity of different State laws on lynching and other related offences in a generic plea. For such adjudication, specific High Courts need to be approached, the Court added. As regards, another ground raised in the PIL plea that sought the top court's direction with respect to remedies available to the victims for such incidents, the court said that aggrieved persons can find such remedy in law if the authorities comply with the directions in the Tehseen Poonawala case. Following the aforesaid directions, the apex court disposed the plea. (ANI)
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