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SC asks Parliament to create law against lynching; CJI says mobocracy can’t take over

Supreme Court asks Parliament to create law against lynching; CJI Dipak Misra says 'mobocracy' can’t take over

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The Supreme Court on Tuesday asked Parliament to draft a new law to prevent mob lynchings in the country. A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, while hearing a clutch of petitions on the violence by vigilante groups, also passed a slew of directions to be implemented by the States and Central government to ensure that law and order is maintained.

The Supreme Court also said that, "no citizen can take law into their own hands. In case of fear and anarchy, the state has to act positively. Violence can't be allowed."

‘Mobocracy can’t take over,’ Chief Justice of India Dipak Misra made the observation.  

The top court has said that it is the duty of the states to ensure inclusive social order, no mobocracy can be allowed, Tehseen Poonawalla, a petitioner in violence by vigilante groups matter, was quoted as saying by the news agency ANI. 

The apex court has fixed the matter for further hearing on August 28.

The bench had also termed cow vigilantism as 'unacceptable' and stated that mob lynching is 'beyond law and order problem'.

Tushar Gandhi, the Great Grandson of Mahatma Gandhi, had also filed a contempt plea against some States, accusing them of not enforcing the earlier orders of the court.

Article 256 of the Constitution, which spells the obligation of States and the Union, provides that the Centre could give necessary directions to the States in a given situation, but the Centre had said it could issue advisories to the states as law and order was a state subject.

The apex court had in September last year, directed all the state governments and union territories to take active steps to put a full stop to the violence in the name of cow protection and asked them to designate special officers who would keep a strong vigil on the 'vigilante groups'.

(With inputs from agency)

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