Mob lynching can't be monitored in PIL: HC
PRAYAGRAJ, July 26 -- While disposing of a PIL petition filed by Jamiat Ulema-i-Hind seeking compliance with apex court's guidelines for checking incidents of mob lynching, the Allahabad high court has observed that every incident of mob lynching/mob violence is a separate incident and it cannot be monitored in a public interest litigation (PIL). In its judgment, the court said although the reliefs prayed in the PIL were consistent with the apex court 's guidelines in Tehseen Poonawalla case, they could not be granted through a PIL seeking general oversight over individual incidents.
"Every incident of mob lynching/mob violence is a separate incident and it cannot be monitored in a PIL", the court added. The court, however, in its judgment dated July 15 noted that the affected parties have the liberty to first approach the appropriate government authority for the implementation of the apex court's directions.
Disposing of the PIL filed by Jamiat Ulema-i-Hind (Arshad Madani), a division bench comprising Justice Siddharth and Justice Avnish Saxen said the judgment of the apex court in the Tehseen S. Poonawalla Vs Union of India (2018) is binding upon the state government as well as the central government.
"Therefore, it is always open for the aggrieved party to approach the government first before rushing to this court seeking compliance of the judgement of the apex court", the court said. In the present PIL, the petitioner had sought extensive directions concerning the implementation of the apex court's binding guidelines in the Tehseen Poonawalla case. It highlighted the alleged failure of state government in implementing the preventive, remedial, and punitive measures prescribed by the top court....
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