The Supreme Court has warned the chief secretaries of five states for not filing counter-affidavits in the PIL against mob lynching.

Hearing a PIL filed by the National Federation of Indian Women (NFIW) expressing alarm over the alleged increase in incidents of lynching and mob violence, especially by ‘cow vigilantes’, the Supreme Court issued a warning to five states – Assam, Chhattisgarh, Telangana. , Maharashtra and Bihar – file counter-affidavits by the next date.

Bench from Judges B.R. Hawaii and K.V. Viswanathan directed that counter-affidavits should be filed by the Chief Secretaries of the five States, failing which the Chief Secretaries themselves should be present in the Court and show cause why action should not be taken against them.

The Registrar (Judicial) was directed to transmit the order and list of issues to the respective Chief Secretaries after 4 weeks.

Background

NFIW urged the apex court to issue a direction to the authorities to take immediate action “in terms of findings and directions on Tehseen Poonawalla” to solve the growing problem. In this regard, the petition mentions two cases of lynching of Muslims by mobs on suspicion of beef smuggling in Saran in Bihar and Nashik in Maharashtra; the alleged attack by the Bajrang Dal on a Muslim daily wage worker for transporting two cows; the brutal attack, unlawful detention and humiliation of two Muslims by an angry mob in the Orissa capital Bhubaneswar; and an attack by a violent mob on a bus carrying several Haj pilgrims in Kota, Rajasthan.

The state apparatus, NFIW further contends, has consistently failed to take adequate preventive and sustained measures to curb the menace of lynching and mass violence. This is despite the Supreme Court ruling that the state has a “sacred duty” to protect its citizens from “unruly elements” and “perpetrators of organized lynching and vigilantism.”

The petitioner has also argued that incidents of mass lynching and cow lynching should be considered as a result of false propaganda against minorities disseminated through public events as well as on social media, news channels and films.

In addition to the prayer for a writ of enforcement Tehseen Poonawalla In accordance with the guidelines, NFIW also sought immediate relief for lynching victims by demanding that a portion of the total compensation be paid to the victims or their families immediately after the incident as “temporary compensation.”

It is noteworthy that in Tehsin Poonwalla In a 2018 judgment, the Supreme Court issued comprehensive guidelines to unions and state governments to prevent lynching and mass violence. The same can be read Here.

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

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

Click here to read/download order