NEW DELHI: The Chief Justice bench on Wednesday termed the murder of Tripura youth, Anjel Chakma, in Dehradun as an “unfortunate incident" and said that such incidents should be curbed.
While hearing a petition filed by a Delhi-based lawyer, Anoop Prakash Awasthi, the CJI Surya Kant suggested that the petitioner should submit a representation to the authorities.
"Of course, it is unfortunate, and such incidents have to be treated with iron hands, but it is also something which Parliament has to consider," CJI Kant orally observed and condemned the incident.
The apex court refused to pass directions as sought by the petitioner Awasthi in the case. "We deem it appropriate that the issue be placed before the competent authority through the good offices of the Attorney General (AG)," said the top court bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi -- besides being led by the CJI Kant.
During the hearing, the petitioner sought a direction that there should be a nodal agency in the States to deal with grievances regarding identity-based discrimination.
Hearing submissions from Awasthi, the CJI Kant, however, pointed out that such a mechanism can encourage further divisions based on regional identities.
"The moment we start entertaining litigations where the victims are unfortunately targeted because of their region, the negative message is that people will start identifying himself/herself as Keralite, Tamilian or Kashmirian. We are not meant to do so. We have a strong federal structure, and we are supposed to be stronger with unity and not to be identified with regions," the CJI observed.
The Bench -- while disposing of the petition -- granted liberty to the petitioner to furnish a soft copy of the plea along with the Court's order to the office of the Attorney General, to enable him to take up the matter with the appropriate authority.
The petitioner said that he has moved the top court, as Kiren Rijiju, the then Minister of State for Home, had said in 2017 in Parliament that there was no plan to create any nodal agency.
He submitted that in the new criminal laws, there was no special provision to deal with such cases.
Hearing these submissions, the CJI clarified that it was probably not done keeping in mind the "negative consequences of such a provision."
On December 28, the Public Interest Litigation (PIL) was filed by Awasthi in the backdrop of the brutal killing of Anjel Chakma, a 24-year-old MBA student from Unakoti in Tripura, on December 27 in a racially motivated attack in the Selaqui area of Dehradun.
Anjel from Unakoti district's Machmara went to Dehradun after completing his graduation in Holy Cross School, Agartala, to pursue an MBA. He was allegedly stabbed to death in the presence of his younger brother, Michael.
The PIL sought judicial intervention to address the continuing constitutional failure to prevent and respond to racial discrimination and violence against citizens from northeastern states and other frontier regions.
Notably, the petitioner, Awasthi, a Delhi-based lawyer, has made the Centre, all the states and Union territories as parties to the plea.
Awasthi's plea said that Anjel's family members want capital punishment or at least life imprisonment for all the accused involved in the incident.
Awasthi, in his PIL, sought issuance of an appropriate writ (ad interim till legislation is made), like formulating comprehensive guidelines, recognising 'racial slur' as a separate category of hate crimes and determining punishment for the same.
The plea also sought a direction to the Centre and the state governments to create a nodal agency or a permanent body, commission, or directorate at the central level as well as at the level of each state, where such racial crimes can be reported and redressed.
"Direct the respondents at the central level as well as at the level of each state to make and create a dedicated special police unit in each district/metropolitan area to address the racial crimes," the plea said.
Awasthi also sought a direction to the Centre and the states to organise workshops and debates at educational institutes on the issue of prevailing racial discrimination and ways to redress the same.
Notably, Anjel from Unakoti district's Machmara went to Dehradun after completing his graduation in Holy Cross School, Agartala, to pursue an MBA, where he was allegedly stabbed to death in the presence of his younger brother, Michael.