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States must compensate victims of cow vigilantism, says Supreme Court

Senior Advocate Kapil Sibal said the family of the dead victims were being harassed and counter FIRs were being filed against them.

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States are obligated to compensate victims who were lynched in the name of cow vigilantism, the Supreme Court said on Friday. The states must also frame schemes to compensate victims of crime under the Code of Criminal Procedure, the bench of Chief Justice Dipak Misra, along with Justices AM Khanwilkar and DY Chandrachud observed.

The observation came when Senior Advocate Indira Jaising submitted that victims were not getting the compensation due to them. "The payment of compensation should have been an automatic process," Jaising said. Senior Advocate Kapil Sibal said the family of the dead victims were being harassed and counter FIRs were being filed against them.

Representing various petitioners, the two senior advocates submitted that fair from getting justice, the kin were being intimidated. Jaising gave examples of 15-year-old Junaid Khan and 55-year-old Pehlu Khan, who were murdered earlier this year.

So far only five states have submitted their reply in response to the top court's poser on the action plan to stop increased instances of cow vigilantism.

Reiterating that instances of violence would not be tolerated, the apex court bench said that the September 6 order – directing states to appoint a nodal officer in each district, must be complied with.

"The senior police officer shall take prompt action and will ensure vigilante groups and such people are prosecuted with promptitude," it had said.

"Steps have to be taken to stop this…. Some kind of planned action is required so that vigilantism does not grow… Efforts have to be made to stop such vigilantism. How they (states) will do it, is their business but this must stop," the Bench had said during an earlier hearing.

On April 7, the apex court had issued a notice on Poonawala's petition which had contended that there were several instances in the recent past where the cow protection groups had taken matters in their own hands and resorted to violence on Dalits, minorities and other people in the "name of protection of cow and other bovine species."

"Menace caused by the so called Cow Protection Groups is spreading fast to every nook and corner of the Country and is creating disharmony among various communities and castes," Poonawala contended. The activist sought three issues to be addressed that included disbandment of the vigilante groups, filtering of social media content uploaded by the cow protection groups and to strike down laws or provisions that protected the protection groups.

Diktat to states

Frame schemes to compensate victims of crime under the Code of Criminal Procedure 
Appoint nodal officer in every district to ensure that such people are prosecuted with promptitude.

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