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Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Constitutional LawSupreme Court of India

Tehseen S. Poonawalla v. Union of India and Others

Writ Petition (Civil) · 2018 INSC 617Decided 17 Jul 2018
Writ Petition (Civil) No. 754 of 2016
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

A social activist filed a writ petition under Article 32 after a series of lynchings and violent attacks by self-styled "cow protection"/vigilante groups across several states, asking the Court to direct state governments to act against such groups and to remove violent content these groups posted online. Several similar petitions on mob lynching and targeted mob violence were tagged and heard together. Over multiple hearings, states had already been directed to appoint senior police officers as "Nodal Officers" in each district to prevent such incidents, and affidavits on compliance were filed by several state governments.

Decision Breakdown

The Supreme Court held that no individual or mob can take the law into its own hands and punish a person on its own assumption of guilt, since this undermines the rule of law and the right to a fair trial. Rather than deciding only the facts of one incident, the Court issued a comprehensive, three-part set of binding directions to the Union and State Governments: (A) Preventive measures (nodal officers and special task forces in every district to gather intelligence on potential mob violence, patrolling of vulnerable highway stretches, and a time-bound FIR/charge-sheet process); (B) Remedial measures (prompt FIR registration, designated fast-track courts to try such cases within six months, victim compensation schemes, witness protection, and free legal aid to victims/next of kin); and (C) Punitive measures (maximum permissible sentencing on conviction, and departmental/disciplinary action against police or district officials who fail to act). It also recommended that Parliament enact a specific standalone offence of "lynching." Compliance reports were directed to be filed within four weeks, and the matter was kept pending for further directions/monitoring on 20 August 2018.

Lesson Learnt

Mob violence and "vigilante justice" have no legal sanction in India, only courts and lawful authorities can determine guilt and punishment, and citizens and police officials who fail to prevent or promptly act on mob violence can face both criminal consequences and disciplinary action.

Tehseen S. Poonawalla v. Union of India and Others – Legal Case Shots | LegalAware