Supreme Court issues notice on PIL on 'alarming rise in cases of lynching and mob violence against Muslims'

The Supreme Court Friday decided to examine a PIL filed by the National Federation of Indian Women seeking its urgent intervention in view of the "alarming rise in cases of lynching and mob violence against Muslims" despite clear guidelines and directions having been issued by the apex court in Tehseen S Poonawalla judgement (2018).

A bench of Justices B R Gavai and JB Pardiwala issued notice to the Centre and the police chiefs of Orissa, Rajasthan, Maharashtra, Bihar, Madhya Pradesh, and Haryana on the plea claiming "a shocking upsurge in incidents of mob violence".

Also Read: Projected population of Muslims in 2023 to stand at 19.75 crore: Govt in Lok Sabha

Senior advocate Kapil Sibal, appearing for NFIW, contended that invoking the jurisdiction of different high courts would be futile.

If the petitioner is asked to move to the concerned high court then nothing will happen and, in this process, the victims will not get anything, Sibal said, contending the incidents have been happening despite the Tehseen Poonawalla judgement.

"Where do we go? This is a very serious matter," he said.

In the 2018 Poonawalla judgement, the top court had issued comprehensive guidelines to the Centre and state governments to prevent lynching and mob violence.

The NFIW’s plea, filed through advocates Sumita Hazarika and Rashmi Singh, sought to highlight several incidents, showing consistent failure of the State machinery to take adequate preventive and consequential action to curb the menace of lynching and mob violence.

It referred to the recent incident, which occurred on June 28, 2023, in Saran District of Bihar where a 55-year-old truck driver named Jaharuddin was lynched by a mob on suspicion of carrying beef. This incident was on the heels of two separate incidents of lynching that took place in Nashik, Maharashtra, it claimed.

Also Read: Gujarat: HC notice to 32 policemen for public flogging of Muslim men in Junagadh

“On June 24, 2023, Afan Ansari and Nasir Hussain were intercepted by a mob on suspicion of smuggling beef and while shouting "Jai Shree Ram", the men brutally assaulted them. Afan died, while Nasir is currently undergoing treatment at Mumbai's state-run KEM hospital. On June 08, 2023, a 23-year-old Lukman Ansari who was a daily wage earner was lynched by members of the Rashtriya Bajrang Dal (RBD) for transporting two cows,” it alleged.

The plea also stated that the present incidents of lynching and mob violence should be seen as the result of the general narrative of ostracisation of the minority communities through false propaganda that is being spread by means of public events where hate speeches are made targeting the minorities as well as through social media channels, news channels, and films.

It said in order ensure immediate relief to the victims of mob violence/lynching, a portion of the total amount of compensation that is to be granted should be given to the victims or their families immediately after the incident as interim compensation.

“Additionally, a minimum uniform amount, as deemed appropriate by this court, may be granted to the victims in addition to the amount that may be determined by the respective State authorities after taking into consideration factors such as nature of bodily injury, psychological injury and loss of earnings including loss of opportunities of employment and education and expenses incurred on account of legal and medical expense," the plea said.

The plea claimed on June 17, 2023 in Bhubaneshwar, Odisha, a Hindu mob engaged in a violent attack against two Muslim young men. "The victims were restrained using ropes and subjected to a savage assault, they were forcibly made to chant the phrase “Jai Shri Ram” and were further humiliated by being compelled to walk through piles of garbage," it alleged.

On May 26, 2023 in Kota, Rajasthan a bus carrying several Hajj pilgrims was attacked by a violent Hindutva mob. According to the victims, the Hindu mob pelted stones on the bus leaving them injured including the bus driver, children and women onboard, the plea alleged.