NEW DELHI: The Supreme Court on Monday referred to its orders issued to the Centre and States to prevent and prosecute cow vigilantism and mobocracy as "unmanageable". The court noted that orders issued in its 2018 Tehseen Poonawalla judgment were "general directions".
The top court refused to entertain a contempt petition, stating that the State Governments and authorities have not been acting in compliance with the 2018 Tehseen Poonawalla judgment -- to prevent and prosecute cow vigilantism and mobocracy.
The bench headed by Chief Justice Surya Kant asked how many contempt petitions will be there. "Sorry, we are not entertaining the plea," it added.
The Supreme Court made these observations after hearing a contempt petition filed by Samastha Kerala Jamiathul Ulema on non-compliance of directions issued in the decision in the Tehseen Poonawalla Case in 2018.
The judgment in question was related to the SC, as it issued a series of guidelines to the States and their police forces to take steps to prevent communal violence and lynchings. The top court's three-judge bench headed by the then CJI Dipak Misra (Now Retired), in its 2018 judgment, had directed the police to register FIRs and prosecute the perpetrators without any delay. It had passed a slew of directions in this regard.
The petitioner, Samastha Kerala Jamiathul Ulema, had moved the top court alleging non-compliance of directions issued in this case. But the top court did not find any merit and refused to pass any order on the contempt plea.
The bench dismissed the plea with liberty to the petitioner to avail the legal remedy available in law.
The top court remarked that it had only laid down general principles of law for the authorities to comply with and the people to raise in their protection in case of any violation of their rights. In case of any breach of rights, the public has a remedy in law through the courts concerned, the Chief Justice pointed out to the petitioner.
"If somebody’s rights are infringed or some action is taken in excess of the protection of law, then their rights must be protected. Immediate action must be taken in such cases,” said the bench comprising Justice Joymalya Bagchi, besides the CJI.
The court had described mobocracy and cow vigilantism as “creeping threats and warned that the rising wave of frenzied mobs — fed by fake news, self-professed morality and false stories — would consume the country like a “typhoon-like monster."