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2018 Supreme(SC) 719

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Tehseen S. Poonawalla – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Certainly. The legal document outlines a comprehensive framework for addressing incidents of lynching and mob violence, emphasizing the importance of rule of law, social harmony, and effective law enforcement measures. The key points include:

  1. Preventive Measures:
  2. Designation of senior police officers as Nodal Officers in each district to oversee and coordinate efforts.
  3. Identification of districts, sub-divisions, and villages with recent reports of mob violence.
  4. Regular meetings at district and state levels to monitor and analyze the existence of vigilante tendencies and to prevent dissemination of provocative content on social media.
  5. Empowerment of police officers to disperse mobs exercising their authority under relevant law provisions.
  6. Public awareness campaigns through media to condemn lynching and mob violence, highlighting legal consequences.
  7. Social media monitoring and regulation to prevent the spread of hate speech and inflammatory material.

  8. Remedial Measures:

  9. Immediate lodging of FIRs upon occurrence of mob violence incidents, followed by prompt investigation and protection of victims’ families.
  10. Establishment of victim compensation schemes, including interim relief, to provide timely support to victims or their families.
  11. Specific and expeditious trials for cases of lynching and mob violence, with trials to be completed within a defined period, and maximum sentences awarded in accordance with law.
  12. Protection measures for witnesses and victims during proceedings, including confidentiality and legal aid.

  13. Punitive Measures:

  14. Disciplinary action against officials who fail to prevent, investigate, or prosecute mob violence cases adequately, including departmental and criminal proceedings.
  15. Accountability for neglect or misconduct by law enforcement or administrative officers, with actions to be concluded swiftly.

  16. Legal and Social Principles:

  17. Emphasis on the rule of law, condemning extrajudicial actions, and reinforcing that no individual or group has authority to punish or take law into their own hands.
  18. Reinforcement of the constitutional values of tolerance, unity in diversity, and secularism.
  19. Recognition that mob violence undermines democratic institutions and constitutional rights, particularly the right to life and liberty.
  20. The importance of fostering social harmony, respect for diversity, and countering hate crimes and intolerance.

  21. Legislative Recommendations:

  22. The Court recommends that Parliament consider enacting a specific law creating a separate offence for lynching, with appropriate punishments, to serve as a deterrent.

  23. Implementation and Oversight:

  24. Regular review and monitoring of measures by police and administrative authorities.
  25. Filing of compliance reports to ensure adherence to directives.
  26. Coordination between central and state governments to strengthen efforts against mob violence and vigilantism.

These points collectively aim to prevent, respond to, and punish acts of mob violence, while reinforcing the principles of justice, constitutional morality, and social cohesion.


JUDGMENT :

Dipak Misra, CJI.

Law, enacted for the benefit of the society by conferring rights on the citizens and to regulate social behaviour in many a sphere, is required to be implemented by the law enforcing agencies and the citizens are duty bound to follow the law treating it as sacred. Law has to be regarded as the foundation of a civilized society. The primary goal of law is to have an orderly society where the citizenry dreams for change and progress is realized and the individual aspiration finds space for expression of his/her potential. In such an atmosphere while every citizen is entitled to enjoy the rights and interest bestowed under the constitutional and statutory law, he is also obligated to remain obeisant to the command of law. It has been stated in Krishnamoorthy v. Sivakumar and others, (2015) 3 SCC 467, “the law, the mightiest sovereign in a civilized society”. The majesty of law cannot be sullied simply because an individual or a group generate the attitude that they have been empowered by the principles set out in law to take its enforcement into their





































































































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