Digvijay Singh MP(RS) Files A Plea In MPHC: Asks to Implement Directions Passed by SC on Communal Violence, Mob Lynching

(Judicial Quest News Network)

Senior Congress leader and Member of Rajya Sabha Digvijay Singh has filed a plea in Madhya Pradesh High Court seeking a direction to implement the directions passed by Supreme Court in various cases in which Supreme Court clearly directed to prevent the incidents of mob violence, communal violence and mob lynching.

The plea has been filed through Advocate Ravindra Singh Chabra and Mudit Maheshwari referring the direction of Supreme Court in various cases.

In all the cases the court has issued directions and mentioned that preventive, remedial and punitive measures to be complied with.

In the following cases

Acharya Jagdishwarannda Avadhuta in this case the membersofthe rallies were carrying sword, weapons and fire arms, if the Respondents had followed the directions of the Hon’ble Supreme Court in Commissioner of Police and Ors v/s Acharya Jagdishwarananda Avadhuta and Ors (2004) 12 SCC 770, before granting permission to these rallies, the communal flare up could have been controlled to a large extent unfortunately such negligence on part of local administration to ensure that these rallies are organized in peaceful manner the very fact that the rallyist/ members were carrying weapons and brandishing them too clearly demonstrates that the local administration has failed in its duty to ensure peace and harmony in respective areas. Therefore, Supreme Court has issued Directions for ensuring that as and when these kinds of permissions are required/obtained it should be in accordance with the directions of the Apex Court.

Arumugam Servai vs State of Tamil Nadu (2011) 6 SCC 405 the Apex court has issued direct concerned departmental authorities to undertake enquiry to ascertain negligence and dereliction on part of Government officials who were supposed to prevent the Communal violence incidents despite having prior knowledge of the incident and did not promptly apprehend and institute criminal proceedings against the culprits and take disciplinary action against the erring officials if they are found negligent.

Tahseen Poonawalla v/s Union of India (2018) 9 SCC 501, Supreme Court has issued directions as to the preventive, remedial and punitive measures to be complied with by the State authorities in case of communal violence, mob violence or lynching.

The petitioner further submitted that the recent communal violence that occurred in Indore, Mandsaur and Ujjain are the result of the fund collection for the construction of the Ram Mandir at Ayodhya.This has devastated the communal harmony in the state, an extensive phase communal riots has destructed the immovable-movable property of the victims.

The Petitioner supports the pious work of construction of Shri Ram Mandir at Ayodhya, however the collection of funds/ donations must be voluntary and the members of minority community should not be coerced or threatened to pay donation for this pious purpose. In guise of this pious work, some organizations are targeting members of minority community. of Madhya Pradesh in order to show their dominance and breach communal harmony in the State of Madhya Pradesh. The notifications by the State Government u/s 3(2) of the National Security Act further collaborate and evince that the condition in the State of Madhya Pradesh has been disturbing requiring imposition of the provisions of National Security Act, 1980 on the ground of disturbance of Communal Harmony.

The Petitioner humbly submits that the Petitioner is praying for the directions by this Hon’ble Court in case of rallies organized by any religious organization or religious sect in State of Madhya Pradesh appropriate measures must be taken to protect disturbance of public peace and breach of communal harmony, so as to prevent such incidents in future. The Respondent who are duty bound to ensure peace and take pre-emptive measures to scuttle any nefarious communal violence incident, seems to be acting negligently and in recent times the omission on their part to take proactive measures has resulted in the incidents of communal violence at Indore, Mandsaur and Ujjain.

It is prayed that the government of Madhya Pradesh should come out with a notification or a government order in line with the directions of the Supreme Court in the above-mentioned cases, to all District Magistrates and Superintendents of Police.