The Supreme Court on Tuesday directed the Union government to file a short status report on Section 103(2) of the Bharatiya Nyaya Sanhita (BNS), which introduced mob lynching as a specific offence, punishable by death or life imprisonment.
The Bench of Justice Surya Kant and Justice N Kotiswar Singh issued the directions on a public interest litigation filed in 2019, alleging non-compliance of Tehseen Poonawalla judgment regarding prevention of mob lynching and related violence by various state governments and Union Territories across the country.
Appearing for the Central government, Solicitor General Tushar Mehta contended that the petition may have outlived its purpose as the BNS, which replaced the Indian Penal Code (IPC), introduced mob lynching as a separate offence under Section 103 (2).
The Apex Court directed the SG to file a short status report on the BNS provision.
Filed by the Anti-Corruption Council of India Trust, the PIL claimed that the incidents of lynching were increasing and no steps were being taken to implement the directions issued by the Supreme Court in 2018 (Tehseen Poonawalla case) to tackle the menace of mob lynching.
In the Tehseen Poonawalla verdict, the Apex Court had asked Parliament to consider enacting a new law to sternly deal with mob lynching and cow vigilantism, warning that such incidents may rise like a ‘typhoon-like monster’ across the country. The Bench had stressed on the need to enact a special law as it would instill a sense of fear for law amongst those who involved themselves in mob lynching.
In July 2019, a Bench led by former Chief Justice of India Ranjan Gogoi issued notice to the Ministry of Home Affairs and the state governments.
In February this year, the top court of the country disposed of another PIL filed by the National Federation of Indian Women, raising concerns regarding the alleged increase in cases of mob violence, particularly by cow vigilantes.
This petition sought a direction from the Court for authorities to take action in terms of Tehseen Poonawalla.
The Apex Court, however, observed that the directions issued in the judgment were binding on all authorities and it was not feasible for the Bebch to monitor compliance by all States/Union Territories while sitting in Delhi.
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