Can't sit in Delhi and micromanage action against mob lynching, cow vigilantism: Supreme Court

The Supreme Court on Tuesday closed a public interest litigation (PIL) petition which had raised concerns about mob violence and mob lynching incidents, specifically such acts by "cow vigilantes" in the name of protecting cows from smuggling and slaughter. .A Bench of Justices BR Gavai and K Vinod Chandran reasoned that it would not be practical for Supreme Court judges sitting in Delhi to micromanage such issues, when the factors leading to such incidents may differ in different States. "Even in the demolition matter (petitions against demolition of properties of those suspected of criminal offences as an extra-legal punitive measure), we gave liberty for parties to move competent authorities.. every State will have a different situation ... In some States, beef (consumption) is a regular sort of...," Justice Gavai observed..The Court further noted that it had already issued detailed directions to act against incidents of mob lynching in the Tehseen Poonawalla case. These directions are binding on all authorities, the Court emphasised. If any such direction is flouted, an aggrieved person has legal remedies, it added."However, sitting in Delhi, we cannot monitor issues in different areas of the country and in our view such micromanagement by this Court will not be feasible. If any person is aggrieved, competent court can be approached in accordance with law," the Court's order said. For similar reasons, the Court also declined to examine the validity of cow protection laws introduced in various States, opining that the High Court of the concerned State can be approached on such issues. "In a generic plea, it will not be correct for this Court to test validity of 13 different State laws. Thus, the specific High Court needs to be approached," the Court held. .The Court was dealing with a PIL filed by the National Federation of Indian Women on the issue of mob lynching incidents. Representing the petitioner, advocate Nizamuddin Pasha argued that the Court's earlier directions against such occurrences are being brazenly flouted, particularly with the introduction of cow protection laws in certain States which have led to mob lynchings by 'cow vigilantes.'"When private individuals are given police powers to seize vehicles and nab people for cattle smuggling ... This is how police powers are given to private agencies. Attitude of State machinery needs to be looked at and see how brazen it is. Some kind of oversight from this Court will help. Thirteen States follow this rule," Pasha argued. The Court pointed out that such laws can be challenged before the appropriate court in each State. "Ultimately, incidents which are criminal acts - it is the duty of State to ensure that it does not happen and prosecute. Can this Court look at individual cases?" Justice Gavai added. Pasha replied that State authorities themselves often refuse to register criminal cases against the perpetrators of such acts. "When State itself does not lodge FIRs ... There is pattern emerging across States," he said."Should we decide now based on patterns? Are you appearing for any victim?" Justice Gavai responded.Meanwhile, Solicitor General of India Tushar Mehta weighed in by submitting that there is a law introduced by the Central government under the Bharatiya Nyaya Sanhita which punishes mob lynching. "The entire spectrum has changed," Mehta added..The Court proceeded to close the case, after also noting that it cannot lay down any uniform criteria for the grant of compensation to the victims of mob lynching incidents since this is an issue that ought to be decided on a case to case basis. "As to what should be the adequate compensation in cases of mob lynching will differ case to case and no uniform directions can be issued. Doing so will mean doing away with discretion available to authorities or courts. If a person gets a simple injury and another gets serious one, a uniform compensation direction will be unjust. Thus plea seeking such omnibus relief is not in interest of victims," the Court said. .Supreme Court seeks response from Central government, States on PIL for uniform, fair compensation for mob lynching victims.[Read Live Coverage]