In this toxic milieu, it is important to revisit the Supreme Court’s landmark directions in July, 2018, wherein it gave a series of directions to the Central Government and the State Governments to prevent the horrific incidents of mob lynching in India. In fact, on 26th July, 2019, the Supreme Court issued notice in a writ petition alleging that the Centre had failed to implement the directions passed by the Apex Court last year, and asked the Centre and the State Governments of Uttar Pradesh, Jammu & Kashmir, Jharkhand, Gujarat, Andhra Pradesh, Rajasthan, Bihar, Madhya Pradesh and Delhi as well as the National Human Rights Commission for its response.

On 17thJuly, 2018, the Supreme Court had passed several preventive, remedial as well as punitive directions to the Central Government and the State Governments, including
i. State governments to designate a senior police office, not below the rank of SP, as a nodal officer in each district to prevent incidents of mob lynching;
ii. Identification of districts where past incidents of mob lynching have happened in the last five years, and Home Department of the State Government to issue special directives for these identified districts;
iii. DGP of the State to conduct regular review meetings with all nodal officers and the State intelligence heads;
iv. Duty of police officer too disperse any mob by exercising her power under S. 129, CrPC
v. Central and State Governments to stop dissemination of irresponsible and inciting messages, in order to curb incidents of mob lynching;
vi. Police to register FIRs against persons found circulating such hateful messages to incite people;
vii. In case of mob lynching, the police to register FIR immediately, and the SHO to inform the Nodal Officer, in order to protect the victim’s family from harassment
viii. The Nodal officer to monitor the investigation properly, and to ensure that charge sheet is filed on time;
ix. State Governments to prepare a scheme of compensation for the victims of mob lynching under Section 357A, CrPC;
x. Departmental action to be taken against police officers who failed to prevent mob lynching in their districts

It is evident that neither the Central Government nor the State Governments have bothered to implement these guidelines, let alone with any effectiveness. These guidelines clearly bring out the responsibilities of the Centre and the State Governments to prevent and prosecute the cases of mob lynching, with alacrity and sensitiveness. The irony is all the more evident, when the Home Minister Amit Shah is tasked with heading the Group of Ministers to address the issue of mob lynchings in India. Each and every guideline mentioned above has been either ignored, or actively violated by the Central Government, with no consequence, whatsoever. The mobs have only got more emboldened, after the Modi 2.0 coming back to power, and the police is either an active participant in the lynchings or a passive bystander.

It is time that the Supreme Court guidelines are implemented seriously. If the Governments are not responsive, one can approach the High Court for the implementation of the guidelines as well as seek disciplinary action against the police personnel for dereliction of duty, if they don’t register a FIR or failed to prevent mob lynching. Even if these guidelines are on paper, they have the force of the law under Article 141 of the Constitution, and ought to be utilized by the activists and lawyers working on the ground. The Apex Court also ought to have noted the brazen violation of its guidelines before only, and hauled up the Centre and the State Governments. But that opportunity has come again. Hopefully, the Supreme Court will preserve the sanctity of its own decision and guidelines, and act accordingly.
(IPA Service)