PIL seeking scheme for compensating victims in cases of lynching/mob violence: Top Court issues notice
Top Court has further directed that counter affidavits be filed by the states within eight weeks with regard to the implementation of the directions issued in Tehseen Poonawalla case.
;In a plea seeking a direction to the States asking them to frame a scheme for the purpose of providing victim compensation in cases of lynching/mob violence, the Supreme Court on Friday issued notice to the Union of India and respective state governments.
Filed by Indian Muslims for Progress and Reforms, the plea sought implementation of the directions issued by the Supreme Court itself in the case of Tehseen S. Poonawalla vs. Union of India and Others way back in 2018.
Advocate Javed R. Shaikh, appearing for the petitioner, drew the court's attention to the pertinent passage in the Tehseen Poonawalla judgment wherein it was directed that the States shall frame a scheme for the purpose of providing victim compensation in cases of lynching/mob violence under Section 357A of the Code of Criminal Procedure, 1973.
A bench of Justices KM Joseph and BV Nagarathna was further told that certain States had formulated a scheme while many of the States had not done so till date.
"...said judgment had given guidelines as to the manner in which the victim compensation scheme had to be formulated inasmuch as the State Governments have to give due regard to the nature of the bodily injury, psychological injury and loss of earnings including other opportunities such as loss of educational opportunities and expenses incurred on account of the suffering due to the mob lynching/ mob violence", Court was further told.
The petitioner accordingly sought to have a uniform policy for grant of ex-gratia compensation as far as possible.
After hearing the petitioner, the bench ordered thus,
"The respondents are directed to file their respective affidavits with regard to the implementation of the directions issued in the aforesaid case and the manner in which it has been done. The said affidavit shall be filed within a period of eight weeks from the date of the service of notice."
Case Title: INDIAN MUSLIM FOR PROGRESS AND REFORMS IMPAR vs. UNION OF INDIA & ORS.