Case Summary: Tehseen S. Poonawalla v. Union of India
Citation: (2018) 9 SCC 501 | AIR 2018 SC 3354
Date of Decision: 17 July 2018
Court: Supreme Court of India
Bench: Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud
Case No: Writ Petition (Civil) No. 754 of 2016
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=2362674
Law Points Raised:
- Whether targeted violence and lynching by vigilante groups violate Articles 21 and 32 of the Constitution.
- Accountability of State Governments in addressing law and order under the federal structure.
- Duty of the Central Government under Article 256 to issue directives for maintaining constitutional order.
- Need for preventive, remedial, and punitive measures against cow vigilantism.
- Request to declare specific state animal protection laws unconstitutional for enabling vigilante violence.
Ratio Decidendi:
- Rule of law must prevail and no citizen or group has the right to take law into their own hands.
- Mobocracy cannot be tolerated in a civilized society; the right to life under Article 21 includes protection from lynching.
- States must prevent and respond to such incidents promptly and sensitively, ensuring FIRs, compensation, and deterrent action.
- Vigilante violence is a threat to constitutional democracy and needs a structured national response mechanism.
- Federal responsibility mandates both Centre and States to act cooperatively to curb such lawlessness.
Final Ruling:
The Supreme Court issued a set of mandatory directions to all States and Union Territories to curb cow vigilantism and mob lynching, including the appointment of nodal officers, fast FIR registration, and victim compensation under Section 357A CrPC. The Court held that no one can act as law enforcers outside the legal system. States were asked to file compliance reports.
Key Paragraph References:
- ¶ 1 – Importance of rule of law and warning against mob justice
- ¶ 2 – Identification of cow vigilantism and targeted violence as core issue
- ¶ 4 – Reliefs sought and constitutional challenges raised
- ¶ 5–6 – Interim observations and State/Union responses
- Final Directions – Preventive, remedial, and punitive action framework against mob violence
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=2362674