Observing the lawyers should refrain from highlighting selective cases while highlighting cases of mob lynching, the Supreme Court said “let us not go by religion or caste”. The apex court also mentioned the case of Kanhaiya Lal–the tailor from Rajasthan’s Udaipur who was hacked to death outside his shop in June 2022– while it was hearing a Public Interesting Litigation (PIL) raising concerns about a rise in incidents of mob violence against minorities in different states across the country.
The plea also sought immediate interim compensation for the families of victims of mob lynching.
The petitioner’s counsels referred to individual incidents, arguing that states have named such incidents a general scuffle instead of mob lynching cases. The lawyers said the top court’s judgment regarding mob lynching cannot be followed if states keep denying such incidents.
Hearing the arguments, the bench of Justices BR Gavai, Aravind Kumar and Sandeep Mehta asked the lawyers appearing for the PIL to not be selective about the cases which they highlight before the Court.
The bench particularly asked about the killing of tailor Kanhaiya Lal, who was killed in 2022 for allegedly sharing a social media post of former Bharathiya Janta Party spokesperson Nupur Sharma regarding Prophet Mohammad.
“What about that tailor in Rajasthan…Kanhaiya Lal… who was lynched,” asked the Court.
The petitioners’ lawyer told the court that the Kanhaiya Lal case was not included in the present petition.
To this, the Court said, “You have to ensure that it is not selective at all if all States are there.”
The Court further remarked that arguments should not be made based on religion or caste.
“Don’t make submissions based on what we say… we are saying it is not about religion or caste.. it has to be about the overall issue which is prevailing,” it said.
The apex court had in July last year sought the response of the Central government and the Police of six States on the matter.
On being informed that only Madhya Pradesh and Haryana have filed their responses, the top court said it was expected of all states to at least file their responses and inform the court of action taken.
Supreme Court granted 6 more weeks to states to file their responses regarding action taken in cases of mob lynching.
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