Day 10 Arguments

Cow Vigilantism

September 24th 2018

The Court delivered its judgement in the Cow Vigilantism case on July 17th 2018. In its judgement the Court ordered all States and Union Territories to take steps to halt mob lynchings. The Court is now monitoring the implementation of the issued guidelines.


In today’s hearing, the Court reviewed the status of submissions. The compliance reports were originally due on July 7th. However, only eleven reports were submitted. The Court adjourned the matter until today.


Mr. Sanjay Hegde, appearing for the petitioner Tehseen Poonawalla, brought to the Court’s notice that though most States have served copies, they have not yet filed affidavits.


The counsels for some States responded that they have complied with all directives and that their affidavits have not been filed as they are with the Registry.


The Bench also took note that Telangana, Daman&Diu and NCT of Delhi have failed to appear till date. The Registry was directed to send a copy of the order passed today as well as a letter to States and Union Territories that failed to comply with directions. Specifically, the Registry was directed to contact the Chief Secretaries (for States) and Administrators (for Union Territories) and tell them to appear before the Court on the next hearing date.


Mr. Hegde further submitted that there has been poor compliance with the Court’s directive regarding compensation for victims of lynching and mob violence. He provided a list of 54 victims across States. The Court directed the respective State counsels to file their response on victim compensation schemes.


Next, Ms. Indira Jaising representing the petitioner Tushar Gandhi submitted that Directive IX under Preventive Measures (p38 of judgement) was not being complied with. Under Directive IX, the Central and the State governments are bound to broadcast on radio and television including official websites of Home Department and State Police that lynching and mob violence of any kind shall invite serious consequences under the law. In contrast, she submitted that in some instances, the accused persons who were charge sheeted, are being valorized.


Mr. K.K. Venugopal and Mr. Tushar Mehta said that they would fully comply with this directive in two-weeks-time. CJI Misra observed that the said directive was passed so that people can realize the gravity of the act and that indulging in the same would invite the wrath of the law. He gave one-weeks-time to all States and Union Territories to comply with all directives and listed the matter two weeks from today.


Next, in the Alwar Lynching case where a contempt petition was filed against Rajasthan government, Ms. Jaising spoke about the failure on part of Rajasthan Government to comply with the court directives. Mr. Mehta appearing for the State of Rajasthan said that the compliance report on Alwar lynching has been filed. The Court directed Mr. Mehta to serve a copy of the report.


The matter has been listed two weeks from now.

(Court reporting by Disha Chaudhry)