India News
In new guidelines against mob violence, self-appointed guardian of law to compensate victim: SC
Published
8 years agoon
By
Coming down hard on mob violence, the Supreme Court on Monday, October 1, issued an extensive set of guidelines to check mob violence and prevent hooligans from indulging in vandalism.
In an order that hits at the misplaced pride and sense of impunity among perpetrators of mob violence, the top court said those who indulge in such acts resulting in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence.
The guidelines were part of the last order of Justice Dipak Misra hours before he demitted office as the 45th Chief Justice of India on Monday (October 1).

The new set of guidelines are in addition to the directions given by the bench of Chief Justice (now retired) Dipak Misra and Justices AM Khanwilkar and DY Chandrachud earlier this year in the Tehseen Poonawalla case. The Court had laid down strident instructions to rein in vigilante groups, particularly those who had been wreaking havoc across the country over the past four years in the name of protecting the cow.
“Nobody has the right to become a self-appointed guardian of the law and forcibly administer his or her own interpretation of the law on others, especially not with violent means,” the bench said.
The bench further said, “Mob violence runs against the very core of our established legal principles since it signals chaos and lawlessness and the State has a duty to protect its citizens against the illegal and reprehensible acts of such groups.”
It also noted the submissions of Attorney General K K Venugopal who had unequivocally said that violent protests leading to loss of life and damage to public and private properties were against the spirit of democracy and had told the court that an amendment in the law was in the offing to deal with such offences.
The Supreme Court made it clear that states have a duty to protect the citizens.
Deprecating the “disconcerting rise” in violent protests and demonstrations by private entities targeting exhibition of movies, social functions and sections of people on moral grounds, the court said that such acts highlighted deeper malaise of “intolerance” towards views of others and passed a slew of directions to curb such incidents.
“In addition to being patently illegal and unlawful, such acts of violence highlight a deeper malaise, one of intolerance towards others’ views which then results in attempts to suppress alternate view points, artistic integrity and the freedom of speech and expression guaranteed by the Constitution of India,” the bench said.
It added: “Indeed, the people who perpetrate such actions, especially against private parties, do so without fear of consequence and reprisal, probably believing that private parties do not have the wherewithal to hold them accountable for such actions.”
The bench referred to its directions passed in cases related to cow vigilantism, mob violence and instances of honour killings and said that all those measures have to be followed by the states to ensure that no such incidents take place.
“The person/persons who has/have initiated, promoted, instigated or any way caused to occur any act of violence against cultural programmes or which results in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence,” the bench said, adding that states would have to also set up helpline numbers in this regard.
The SC Bench said the court was conscious that crimes committed by groups of “self-appointed keepers of public morality” might be on account of different reasons, but the purpose was to exercise unlawful power of authority and create fear in the minds of public.
The verdict has come on a plea filed by Kodungallur Film Society which had highlighted the serious law and order problem that had arisen before the release of controversial movie ‘Padmaavat’.
The bench said that states must step in and perform their duty by taking measures to prevent such acts from occurring in the first place, and ensure that law-enforcement agencies exercise their power to bring the guilty to book and impose time-bound and adequate punishment for any lapses.
It said: “This court has time and time again underscored the supremacy of law and that one must not forget that administration of law can only be done by law-enforcing agencies recognised by law.
It said: “A comprehensive structure will have to be evolved in the respective states so that the issues of accountability and efficiency in curbing incidents of peaceful protests turning into mob violence, causing damage to property including investigation, remedial and punitive measures, are duly addressed”.
The verdict also took note of its 2009 judgement in which various directions were passed after taking cognisance of various incidents of large scale destruction of public and private properties in the name of “agitations, bandhs and hartals”.
It said that additional responsibilities would be fastened upon the nodal officers who have been appointed in pursuance of the earlier verdict in the mob violence case.
Now, these nodal officers would also be responsible for creating and maintaining a list of cultural establishments, including theatres, cinema halls, music venues, performance halls and centres and art galleries within the district, and pin point such vulnerable establishments which have been attacked/damaged by mob over the past five years.
It said that these measures have to implemented by the Centre and states governments expeditiously within a period of eight weeks.
The bench also said that when any act of violence results in damage to property, the concerned police officials should file FIRs and complete the investigation as far as possible within the statutory period and submit a report in that regard.
The new set of directives, the bench said, will have to be implemented by the Centre and the State Governments in addition to the guidelines laid out in the mob lynching (Tehseen Poonawalla) case and in Re: Destruction of Public and Private Properties v. Govt of AP (2009).
“The recommendations that we have made be implemented by the Central and State governments as expeditiously as possible, preferably within a period of 8 (eight) weeks from today,” Justice Khanwilkar said in the verdict.
The bench has issued five sets of directions, which are as follows:
A. Structural and preventive measures
a) In addition to the responsibilities ascribed to the Nodal Officer(s) as set out in Tehseen Poonawalla (supra), the said Nodal Officer(s) would also be responsible for creating and maintaining a list containing the various cultural establishments, including theatres, cinema halls, music venues, performance halls and centres and art galleries within the district, and pin point vulnerable cultural establishments and property which have been attacked/damaged by mob violence over the past 5 (five) years. This list would be updated on a regular basis to account for any new openings/closings of establishments.
b) In addition to the prohibition against weaponry laid down in paragraph 12 (II) of In Re: Destruction of Public and Private Properties (supra), any person found to be carrying prohibited weaponry, licensed or otherwise, during protests/demonstrations would prima facie be presumed to have an intention to commit violence and be proceeded in that regard as per law.
c) The State governments should set up Rapid Response Teams preferably district-wise which are specially trained to deal with and can be quickly mobilized to respond to acts of mob violence.
d) The State governments should set up special helplines to deal with instances of mob violence.
e) The State police shall create and maintain a cyber information portal on its website and on its internet-based application(s) for reporting instances of mob violence and destruction of public and private properties.
B. Remedies to minimize, if not extirpate, the impending mob violence
a) The Nodal Officer(s) will coordinate with local emergency services, including police stations, fire brigades, hospital and medical services and disaster management authorities during incidents of mob violence in order to have a comprehensive and consolidated response to the situation.
b) The authorities must consider the use of non-lethal crowd-control devices, like water cannons and tear gas, which cause minimum injury to people but at the same time, act as an effective deterrent against mob force.
c) The authorities must ensure that arrests of miscreants found on the spot are done in the right earnest.
d) The Nodal Officer(s), may consider taking appropriate steps as per law including to impose reasonable restrictions on the social media and internet-based communication services or mobile applications… if the situation so warrants.
e) The Nodal Officer(s) must take coordinated efforts and issue messages across various audio-visual mediums to restore peace and to stop/control rumours.
C. Liability of person causing violence
a) If a call to violence results in damage to property, either directly or indirectly, and has been made through a spokesperson or through social media accounts of any group/organization(s) or by any individual, appropriate action should be taken against such person(s) including under Sections 153A, 295A read with 298 and 425 of the Indian Penal Code, 1860.
b) In instances where a group/organisation has staged a protest or demonstration resulting in violence and damage to property, the leaders and office bearers of such group/organisation should physically present themselves for questioning, on their own, within 24 (twenty four) hours, in the police station within whose jurisdiction the violence and damage occurred. Any such person(s) failing to present himself/herself in such manner without any sufficient reason should be proceeded against as a suspect and legal process must be initiated forthwith against him/her including for being declared an absconder in accordance with law.
c) A person arrested for either committing or initiating, promoting, instigating or in any way causing to occur any act of violence which results in loss of life or damage to property may be granted conditional bail upon depositing the quantified loss caused due to such violence or furnishing security for such quantified loss… If the loss is yet to be quantified by the appropriate authority, the judge hearing the bail application may quantify the amount of tentative damages (which shall be subject to final determination thereof by the appropriate authority)…
D. Responsibility of police officials
a) When any act of violence results in damage to property, concerned police officials should file FIRs and complete investigation as far as possible within the statutory period and submit a report in that regard. Any failure to file FIRs and conduct investigations within the statutory period without sufficient cause should be considered as dereliction of duty on behalf of the concerned officer and can be proceeded against by way of departmental action in right earnest.
b) Since the Nodal Officer(s) holds the overall responsibility in each district to prevent mob violence against cultural establishments and against property, any unexplained and/or unsubstantiated delay in filing FIRs and/or conducting investigations in that regard should also be deemed to be inaction on the part of the said Nodal Officer(s).
c) Officer-in-charge should first call upon from the panel of local video operators maintained by the concerned police station to video-record the events. If the said video operators are unable to record the events for whatever reason or if the officer-in-charge is of the opinion that supplementary information is required, then he/she can also call upon private video operators to record the events and request the media for information on the incident in question, if need be.
d) Status reports of the investigation(s)/trial(s) concerning such offences as set out hereinabove, including the results of such trial(s), shall be uploaded on the official website of the concerned State police on a regular basis.
e) In the event of acquittal of any person(s) accused of committing such offences as set out hereinabove, the Nodal Officer(s) must coordinate with the Public Prosecutor for filing appeal against such acquittal, in the right earnest.
E. Compensation
a) The person/persons who has/have initiated, promoted, instigated or any way caused to occur any act of violence against cultural programmes or which results in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence.
b) Claims arising out of such acts of violence should be dealt with in the manner prescribed in paragraph 15 of In Re: Destruction of Public and Private Properties (supra).
c) This compensation should be with regard to the loss of life or damage done to any public or private properties, both movable and immovable.
You may like
-
Can’t lathicharge a peaceful protest, says Supreme Court
-
UP Government forms new SIT led by 3 IPS officers to probe Ayodhya Ram Temple donation theft
-
Supreme Court urges Centre to reconsider introducing third language for CBSE Class 9
-
Delhi Police arrest 2 Lucknow University law students for disrupting Supreme Court proceedings
-
Supreme Court asks Mamata Banerjee camp to file fresh pleas over Bengal SIR-linked poll margins
-
Pawan Khera gets pre-arrest bail from Supreme Court in case linked to Himanta Sarma’s wife
India News
Shehzad Poonawalla steps down from BJP, says personal and financial pressures led to decision
Shehzad Poonawalla has resigned from the BJP, citing pressing financial and personal circumstances, and said he will move to the private sector.
Published
1 hour agoon
August 17, 2026By
APNLive Desk
Shehzad Poonawalla on Monday resigned from the BJP, citing what he described as pressing financial and personal circumstances.
The BJP’s national spokesperson said he had first submitted his resignation on July 30. However, the party did not accept it at the time and asked him to reconsider his decision.
Poonawalla has now reiterated his decision to step down as the BJP’s national spokesperson and relinquish his primary membership of the party.
In his resignation letter to BJP president Nitin Nabin, Poonawalla said that after “long and hard contemplation”, he had decided to seek relief from his organisational responsibilities and active primary membership.
He also referred to developments involving certain individuals in recent days, saying they had reinforced his earlier decision. He did not name anyone in his letter.
Shehzad Poonawalla thanks BJP leadership
Poonawalla said he was touched that the BJP had initially declined to accept his resignation and expressed gratitude towards the party leadership.
He thanked Prime Minister Narendra Modi, BJP president Nitin Nabin, Home Minister Amit Shah, Defence Minister Rajnath Singh and BJP General Secretary (Organisation) BL Santosh for the platform and opportunities he received during his five years with the party.
Poonawalla said his decision to leave was not driven by any sense of hurt and described his sentiments towards the party leadership with “gratefulness, love, affection, and highest regard”.
He said that his decision was linked to pressing financial and personal circumstances and that he would move into the private sector.
At the same time, Poonawalla said he would continue to support Prime Minister Modi’s vision and work, as well as that of the BJP, wherever possible.
“I am only leaving the Vyavastha not the Vyakti or Vichar,” he said.
Shehzad Poonawalla’s political journey
A lawyer, Poonawalla began his political career with the Congress before later joining the BJP.
He came into prominence in 2017 after publicly questioning the Congress’s internal election process. He alleged that the process was rigged in favour of Rahul Gandhi for the post of party president.
Poonawalla subsequently left the Congress and joined the BJP, where he became one of the party’s prominent representatives in television debates.
On July 30, he had also changed his bio on X, removing the reference to himself as “BJP National Spokesperson” while retaining his description as a lifelong follower of Prime Minister Narendra Modi.
India News
Bihar temple stampede leaves 7 dead amid heavy Sawan rush
Seven devotees were killed and several others injured in a stampede-like incident at Ashok Dham Temple in Bihar’s Lakhisarai during the Sawan rush.
Published
2 hours agoon
August 17, 2026By
APNLive Desk
At least seven devotees were killed and several others injured in a stampede-like incident outside the Ashok Dham Temple in Bihar’s Lakhisarai district on Monday. The incident occurred amid a heavy rush of worshippers on the third Monday of the Sawan month.
Officials said panic may have spread after an electric pole collapsed near the queues, with rumours circulating that a live wire had fallen into the crowd. Authorities later said the fallen wire was a cable.
Crowd surge triggers chaos at temple
Lakhisarai District Magistrate Shailendra Kumar said an unprecedented surge in the number of devotees was further intensified by the arrival of two trains around 6.30-6.45 am.
According to the district magistrate, a barricade outside the temple broke under the pressure of the crowd, causing people to fall over one another.
He said arrangements had been made in anticipation of a large gathering, while police and administrative personnel had been monitoring the area since around 3 am.
Electric pole collapse sparks panic
Kumar said an electric pole on the right side of the men’s queue suddenly fell. A rumour then spread that a live electric wire had fallen on devotees.
He said the wire was actually a cable, but the rumour caused pressure to build in the women’s queue on the other side. Several women subsequently fell on top of one another.
Sub-Divisional Police Officer Shivam Kumar said preliminary information indicated that an electric pole had fallen and that people may have been electrocuted, leading to the stampede-like situation.
However, he said the exact cause would be established only after a detailed verification of the facts.
Rescue operations launched
Following the incident, police and administrative teams reached the temple and began rescue operations. The injured devotees were taken to nearby hospitals for treatment.
Bihar Chief Minister Samrat Choudhary described the incident as extremely tragic and directed the administration to ensure proper and prompt medical treatment for those injured.
The Chief Minister also announced financial assistance of Rs 4 lakh for the family of each person who died.
Ashok Dham Temple draws Sawan crowds
The Ashok Dham Temple, also known as Shri Indradamaneshwar Mahadev Temple, houses a large Shivalinga and attracts a significant number of devotees during Sawan.
India News
Asish Banerjee found dead in Rampurhat, Mamata Banerjee aide’s death shocks TMC
Former West Bengal deputy speaker and five-time Rampurhat MLA Asish Banerjee was found dead at a Trinamool Congress office in Birbhum.
Published
1 day agoon
August 16, 2026By
APNLive Desk
Former West Bengal Assembly deputy speaker and Trinamool Congress leader Asish Banerjee was found dead at a party office next to his residence in Rampurhat, Birbhum district, on Sunday morning.
Police said his body was found hanging and was sent for postmortem. A large crowd gathered outside the Trinamool Congress office after news of his death spread.
Who was Asish Banerjee?
Asish Banerjee had served as the deputy speaker of the West Bengal Assembly when Trinamool Congress chief Mamata Banerjee was the state’s chief minister. He was also a five-time MLA from Rampurhat.
He had served as Bengal’s education and agriculture minister after Mamata Banerjee’s Trinamool Congress first came to power in the state.
Banerjee contested the West Bengal Assembly election earlier this year but lost the Rampurhat seat to BJP’s Dhruba Saha.
Asish Banerjee’s recent party role
Banerjee stepped down as chairman of the Trinamool Congress’s Birbhum district core committee in June. At the time, he said he would continue as a general member of the party.
He lived in the Hattalapara neighbourhood of Rampurhat, with the party office where his body was found located next to his house.
BJP gains in Birbhum
The BJP won six of the 11 Assembly constituencies in Birbhum in the latest state election. This marked a significant change from 2021, when the Trinamool Congress had won 10 seats in the district while the BJP had secured one.
Police have sent Asish Banerjee’s body for postmortem as the circumstances surrounding his death are being investigated.
Bihar temple stampede leaves 7 dead amid heavy Sawan rush
Shehzad Poonawalla steps down from BJP, says personal and financial pressures led to decision
Shehzad Poonawalla steps down from BJP, says personal and financial pressures led to decision
Bihar temple stampede leaves 7 dead amid heavy Sawan rush
Asish Banerjee found dead in Rampurhat, Mamata Banerjee aide’s death shocks TMC
IPS Officer Nupur Prasad gets Medal for Meritorious Service after Sushant Singh Rajput probe
