|follow us on twitter||Follow @intolegalworld|
Apex Court on July 3, 2018 had reserved judgement for the matters related to cow vigilantism and mob lynching. Vigilantism is the new kind of crime which was there for long but it was not reckoning upto this level. Mob lynching is another aspect of this crime which has crippled in this 4 years. For this all problems petition was clubbed by supreme court and Ms Indira Jaisingh was arguing on behalf of the petitioner and she said that it is the utmost duty of the state to protect the lives of the people who are under continuous threat of being minority or exponentially who are covered under the Article15 of the constitution. For this honorable bench composing of C.J.I reiterated that it is the compelling duty of state to protect it’s citizen from vigilantism and mob lynching, this plea got support from the precedent of Swaraj Abhiyan vs. UOI here in this present case it has been the implementation of food security bill which was directed by apex court to Central government to not to deny anyone right to food. Shakti Vahini which was another name for honour killing was also cited as example. In 2017 Supreme Court had given the order for appointment of special nodal officers for each state and special persons from the police force to be appointed near each outskirts of city. In the case of Pravasi Bhalai Sangathan vs UOI it was stated that as state comes under 7 schedule so it is the duty of state to maintain communal harmony and peace which is the duty not only of state but also of Union Territory which are look after by Central Government. Recently many cases of mob lynching has occurred which had gripped in the national daily’s of our nation. Spring wents from Assam where 2 young men were killed allegedly on the rumors of being child lifters to Maharashtra where similar kind of situation happened and it took the life of nearly 4 people. It is the time for the country to upcome with the new law regarding mob lynching. In the present case there has been advisory or in other words prayer has been given by the advocate of Tahseen Poonawala a spokeperson from Congress Party which are already being mention on the sidelines of Shakti Vahini case, following preventive measure:
1 Each state should nominate a senior police officer, not below the rank of Superintendent of Police, as the Nodal Officer in each District. The nodal officer shall ensure that preventive measures are taken against incidents of mob violence/lynching.
2 Areas to be identified where mob lynching has occurred previously within 5 years and special vigilance should be maintain on that a mob should not be made on some rumours.
3 Every person in charge should take special care for the prevention of lynching and should take strict action against the instigators f mob lynching.
4 Immediate lodging of FIR should be there.
5 If the chargesheet is not filed within 3 months then nodal officer can review the case freshly and take suitable action.
6 Compensation to the victims of lynching should be given within 30 days and process to identify the kin of deceased victim shall be the responsibility of local police station.
7 In whichever area if it is found that police officer do not comply with the orders then he/ she has to face displinary action from the department trial for which must be concluded within 6 months.
8 Setting up of special fast track courts as it will hear all the matters on day to day basis. The trial shall preferrbly be conclude within 6 months.
9 State will grant special protection to the victims which will defend them from the spate of coercion and many other things.
10 On the motion of witness there shall be effort to keep the identity of witness should be kept secret. It can be done through the motion by the Public Prosecuter.
11 Victim shall be liable for the legal aid under the legal service authority act.
These all guidelines if followed then we can expect that there will be bar to mob vigilantism which is growing as a threat and a pose a big problem to the innocent lives out there who are being killed sometimes in the name of beef eaters, child lifters and sometimes fake nationalism too.
By Vishad Srivastava