Jharkhand High Court to hear a plea seeking implementation of Supreme Court Guidelines on mob lynching given in Tehseen Poonawalla’s for controlling mob lynching.

A has been PIL filed under Article 226 by Harsh Mander, a human rights and peace worker, in Jharkhand High Court for implementation of Preventive, Remedial and Punitive Measures for preventing mob violence and lunching in the state as per the directions given by the Supreme Court in the case of Tehseen Poonawalla vs Union of India.

In between May 2015 and December 2018, at least 44 people—killed across 12 Indian states. Over that same period, around 280 people were injured in over 100 different incidents across 20 states, according to a report published by Human Rights Watch. The State of Jharkhand is the topmost state in terms of death due to lynching (Around 17 Deaths). This is the largest number of deaths due to the incidents of lynchings in the country. These incidents have directly challenged the Authority of Rule of Law of our Nation. State of Jharkhand has failed to stop such incidents in the state.

Remedial Measures given in Tehseen Poonawalla v Union of India [WP(C) 754/2016], in case a lynching takes place it would be the duty of the Station House Officer in whose police station such FIR is registered to forthwith intimate the Nodal Officer in the district who shall, in turn, ensure that there is no further harassment of the family members of the victim. However in the lynching of Vakil Khan, the police have provided no such support to the family members, but in fact have shielded the people responsible for the lynching.

New published by The Indian Express, titled as “Jharkhand: Man beaten to death by sister‟s harassers, brother in hospital” of dated 13.03.2019, where Vakil Khan of Palamu District, Jharkhand, was beaten to death by a mob when he protested against some girls of his village being molested by boys from a neighboring village and more other news on lynching in the state.

On dated 23/04/2019 the Petitioner has sent a representation to Respondent (Chief Secretary) requesting to comply with the said judgment but no step has been taken. According to the judgment of Tehseen Poonawalla v Union of India, government officials would be held liable for not compliance preventive measure laid down in the judgment.

Petitioner contended that the act of mob lynching has directly challenged the authority of ‘Rule of Law of this Country’. Further the Supreme Court in the case of Tehseen Poonawalla has described the incident of lynching as ‘Horrendous Acts of Mobocracy’ and passed directions to deal with incidents of mob lynching, but the government have failed to comply with the judgment therefore petitioner by way of this writ petition sought the implementation of Supreme Court guidelines given in that case:-

1. To direct State of Jharkhand to prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of CrPC and in the said scheme for computation of compensation, the Respondent should give due regard to the 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 expenses.
2. To direct the authority concerned to issues notification/direction/guidelines to designate a court in each districts to try the lynching cases on day to day basis and conclude the trial within 6 months from the date of cognizance.
3. To direct State of Jharkhand to broadcast on television, radio and other media platforms and also on official websites of the Home Department and the Jharkhand Police that mob violence and lynching shall invite serious consequences as per the Preventive Measures given in Tehseen Poonawalla vs Union of India.
4. To strictly comply with the Preventive, Remedial and Punitive Measures as directed by the Supreme Court of India in Tehseen Poonawalla vs Union of India.
5. To ensure that all families of Lynching victim receive commensurate compensation.

-India Legal Bureau

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