Hyderabad: Amid growing international concern over the possible ‘Genocide’ of minorities in India and open calls for a genocide against Muslims that were sounded at a conclave of sadhus in Haridwar last month, a city based practicing advocate had petitioned Prime Minister’s office, Union of India and Telangana Government to enact Special law in compliance with the Supreme court Judgement passed in 2018.
In his 5 page petition, Khaja Aijazuddin, a practicing advocate at the bar of High Court for the State of Telangana said that, in view of the numerous incidents of Lynching and mob violence across the country, since last few years, a writ petition was filed before the Supreme Court of India, the Apex court taking into the note of incidents occurred gave judgement in Tehseen S. Poonawalla Versus Union of India and others case, and passed certain directions covering the arena of Preventive, Remedial and Punitive Measures, which the Union of India and States Governments are bound to follow.
The Judgment passed on 17 July,2018 casted an responsibility that the measures shall be undertaken by the Centre and States in four weeks from the date of Judgment.
The lawyer in his petition said that In view of the Mob Lynching Incidents occurring in India, and it is the Constitutional duty of Union of India and States to protect the lives of the citizens and put the criminal Law into Motion, the Supreme Court realizing the issue to be most grave some in nature, in its Reportable Judgment (2018) 9 Supreme Court Cases 501, Tehseen S. Poonawalla Versus Union of India and Others, framed Guidelines in order to curb the menace formulating “Preventive Measures”, “Remedial Measures”, “Punitive Measures”.
The Supreme court had clearly recommended to the Parliament to create a separate offence for lynching and provide punishment for the same. Further the Apex Court held that the
Special law in this field would instil a sense of fear for law amongst the people who involve themselves in such kinds of activities,failure to do so amounts to Violation of Judgment the lawyer in his petition said.
The Apex court judgement held that the “State Governments shall designate a Senior Police Officer, not below the rank of Superintendent of Police, as Nodal Officer in each district. Further directions to the State Governments were given in the same Judgment.
Khaja Aijazuddin said that the International Human Rights organizations have also warned that in view of the Hatred Spread against the minorities, Genocide is not far in India and the States shall take note of it and enact Special law as directed by the Supreme Court.
The State of Telangana is duty bound to comply with the directions of the Judgement of the Supreme Court of India, (2018), forthwith, as noncompliance of the same, will have its own legal consequences for which the State of Telangana needs to suffer. Telangana Government, shall take steps to enact Special Law in the Assembly Session on Par with recently State of Jharkhand passed
Anti Mob Lynching Bill in Jharkhand Assembly.