Summary of Recent judgment

Case: Tehseen S. Poonawalla v. Union of India



Date of Order/ Judgment: 17 July 2018

Judges: Justice D.Y. Chandrachud, Justice A.M. Khanwilkar, Justice Dipak Misra

Background

The case arose from growing concerns over incidents of lynching and mob violence in India, which were often fueled by communal tensions and social unrest. Tehseen S. Poonawalla, the petitioner, approached the Supreme Court seeking the formulation of stringent laws and guidelines to curb such violence, which undermined the rule of law and posed a significant threat to civil rights and public safety.

Issues

The primary issues addressed by the Supreme Court included:

  • 1. The rise of lynching incidents and their impact on society and governance.
  • 2. The adequacy of existing legal frameworks to prevent and address mob violence.
  • 3. The need for guidelines to ensure accountability and prompt action against perpetrators of lynching.
Observation

The Supreme Court observed that lynching is a severe affront to the rule of law and the values enshrined in the Constitution. It emphasized that vigilantism, regardless of its motivation, threatens the integrity of state institutions and alters the constitutional order. The Court recognized the urgent need for comprehensive measures to prevent such incidents, highlighting the responsibilities of the state to protect citizens from violence and uphold justice.

Decision

The Court issued a set of guidelines aimed at preventing lynching and mob violence, which included:

  • • The establishment of a victim compensation scheme in line with Section 357A of the Code of Criminal Procedure (CrPC) within a month.
  • • Designation of a senior police officer (not below the rank of Superintendent of Police) as a nodal officer to oversee prevention efforts, supported by a Deputy Superintendent of Police.
  • • Formation of a special task force to gather intelligence on potential offenders and monitor the spread of hate speech and misinformation.