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Supreme Court objects to selective highlighting of mob lynching cases

New Delhi, April 19: A Supreme Court bench comprising Justices BR Gavai, Aravind Kumar, and Sandeep Mehta directed a Muslim lawyer, Advocate Nizam Pasha to avoid selective highlighting of cases. Pasha was representing a plea urging states to promptly implement the 2018 apex court verdict in addressing instances of lynching and mob violence against Muslims by cow vigilantes

Discussing a specific instance from the Madhya Pradesh affidavit, Pasha mentioned an alleged lynching for beef transportation being misrepresented as a scuffle, with no FIR filed against the accused. The state counsel stated that an FIR had been filed under the Prevention of Cow Slaughter Act. Justice Mehta questioned the filing of an FIR under the specific Act before the availability of a chemical analysis report. The state counsel clarified that the case is registered on the spot, and material is subsequently sent for examination.

Justice Kumar inquired whether the petition included the killing of Udaipur-based tailor Kanhaiya Lal, who allegedly had his throat slit for sharing a post by former BJP leader Nupur Sharma. Pasha informed he hadn’t and agreed to include it in the petition. Justice Kumar then advised Pasha to avoid selective highlighting of cases. The bench emphasized that the focus should be on the overall issue rather than religion or caste.

Pasha pointed out that states were not adhering to the Supreme Court judgment in the Tehseen Poonawala case, which outlined comprehensive guidelines for the union and state governments to prevent lynching and mob violence. He highlighted that states were denying these incidents as mob lynching. Although many states were named as parties in the case, only Madhya Pradesh and Haryana had responded. The court directed various state governments to update it within six weeks on the actions taken in incidents of mob lynching and cow vigilantism.

Advocate Pasha is representing the plea filed by the National Federation of Indian Women, associated with the Communist Party of India (CPI).

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