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In new guidelines against mob violence, self-appointed guardian of law to compensate victim: SC

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In new guidelines against mob violence, self-appointed guardian of law to compensate victim: SC

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).
Dipak Misra
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.

India News

BJP’s Punjab outreach faces fresh challenge as farmers return to Shambhu border

The BJP’s push to shift Punjab’s political focus towards development has encountered a fresh challenge as farmers resume protests at the Shambhu border over concerns surrounding the proposed India-US trade agreement.

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Prime Minister Narendra Modi’s recent visit to Punjab had signalled what many viewed as a fresh political outreach by the Bharatiya Janata Party (BJP) in a state where it has struggled to recover from the fallout of the 2020-21 farm laws protest. However, the return of farmers to the Shambhu border over concerns surrounding the proposed India-US trade agreement has once again brought agrarian issues to the forefront.

Thousands of farmers gathered at the Punjab-Haryana border, while Haryana Police stopped them from marching towards Delhi. The scenes have drawn comparisons with both the 2020-21 farm laws protest and the farmers’ agitation witnessed in 2024.

BJP’s development narrative faces disruption

During his recent Punjab visit, Prime Minister Modi focused on development, infrastructure and investment, signalling the BJP’s intention to shift political discussions away from the farm laws controversy ahead of the Assembly elections, which are expected in about six months.

His decision to wear a green turban, a colour closely associated with Punjab’s farming community, was widely viewed as a symbolic gesture aimed at reaching out to rural voters.

However, the ongoing protest over the proposed India-US trade agreement has interrupted that narrative, with farmers once again mobilising at the Shambhu border.

Concerns over proposed India-US trade agreement

Farmer organisations have expressed concern that lower import duties under the proposed India-US trade agreement could allow heavily subsidised American agricultural and dairy products to enter the Indian market. They argue this could reduce domestic prices and negatively impact farmers’ incomes.

The groups have also maintained that waiting until the agreement is finalised would leave little opportunity to safeguard farmers’ interests.

Punjab BJP president Kewal Singh Dhillon has appealed to farmers not to draw conclusions before the agreement is finalised. He said no final pact has been signed and asserted there would be “no compromise on the interests of farmers and livestock rearers”. He also said Prime Minister Modi has assured that Punjab’s farmers would not be adversely affected.

Opposition steps up attack

The issue has quickly become a political flashpoint in Punjab.

The Congress has launched a campaign against the proposed trade agreement, alleging it could adversely affect the state’s agriculture and dairy sectors.

The Aam Aadmi Party has described the proposed pact as the “biggest betrayal of farmers” and has demanded that the Centre make the draft agreement public.

The Shiromani Akali Dal has also extended support to the agitation, accusing the Centre of ignoring the concerns of Punjab’s farming community.

Political implications ahead of Punjab polls

The BJP has been attempting to broaden its support beyond its traditional urban voter base by expanding its presence in rural Punjab ahead of the Assembly elections.

Political observers had viewed Prime Minister Modi’s recent visit as the beginning of that outreach. However, the renewed farmers’ mobilisation risks reviving memories of the 2020-21 farm laws agitation, which had significantly affected the BJP’s standing among many farmers in the state.

Unlike the earlier movement, which centred on domestic agricultural reforms, the current agitation focuses on a proposed international trade agreement. If the movement gathers further momentum, it could become India’s first large-scale farmers’ protest against a foreign trade pact, bringing renewed attention to how political parties balance international trade objectives with the interests of domestic agriculture.

With Assembly elections approaching, the renewed agitation has the potential to once again make farmers’ concerns a central issue in Punjab’s political discourse.

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CJP warns of fresh protest if cases against students not withdrawn by Tuesday

The Cockroach Janta Party has threatened to resume protests if cases against students are not withdrawn, alleging the Centre violated assurances made during recent talks.

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The Cockroach Janta Party (CJP) has warned that it will resume protests from Tuesday if the Centre does not withdraw cases filed against demonstrators and stop further police action against students involved in the nationwide agitation.

The Abhijeet Dipke-led movement, which began as a satirical campaign and later evolved into a nationwide protest over alleged examination irregularities, had ended its 37-day sit-in at Delhi’s Jantar Mantar over the weekend following discussions with the government.

According to the organisation, the protest was withdrawn in “good faith” after Education Minister Dharmendra Pradhan resigned, one of the group’s key demands.

CJP alleges breach of assurances

CJP spokesperson Ashutosh Ranka alleged that authorities had failed to honour assurances made during negotiations by continuing police action against protesters.

In a post on X, he claimed that hundreds of students had been arrested in Bihar and West Bengal, while volunteers and protesters in Delhi and other states were facing surveillance and harassment.

Ranka urged senior ministers JP Nadda and Jitendra Singh, who represented the government during the talks, to ensure that all FIRs registered against protesters are withdrawn and that no fresh cases are filed by Delhi Police, central investigative agencies or police forces in BJP-allied states.

He also sought a written copy of the understanding reached during the negotiations regarding legal action against protesters.

Demands raised after talks with Centre

Following the third round of discussions held at the Constitution Club on Saturday, the CJP had said the Centre agreed to provide suitable compensation to the families of NEET aspirants who died by suicide and assured that FIRs lodged against protesters across the country would be withdrawn.

The organisation had submitted a five-point charter of demands to the government and said another round of talks would be held after four weeks.

One of the group’s major demands was the withdrawal of FIRs registered after the July 20 ‘Chalo Sansad’ march and a commitment that no further legal action would be initiated against protesters.

Police action and Parliament debate

Several FIRs were filed following clashes during the July 20 protest near Parliament after demonstrators attempted to march from Jantar Mantar towards Parliament.

Police used tear gas and batons to disperse the crowd, leading to clashes and multiple detentions.

On Monday, the issue echoed in Parliament as Opposition members repeatedly demanded a government response over the police crackdown on protesters.

Meanwhile, despite disruptions in the House, the government introduced a Bill in the Lok Sabha proposing stricter penalties for examination paper leaks.

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India summons Ukrainian envoy after ships with Indian crew attacked in Black Sea

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India has summoned the Ukrainian Ambassador after two merchant vessels carrying Indian crew were attacked in the Black Sea, raising concerns over the safety of Indians working in the conflict zone.

The Ministry of External Affairs (MEA) described the incidents as a matter of serious concerns and conveyed India’s position directly to the Ukrainian envoy.

According to the MEA, the attacks took place amid the ongoing Russia-Ukrainian war, where commercial shipping has increasingly come under threat due to military operations. Although no deaths have been reported, several Indian seafarers were on board the affected vessels, prompting the government to seek immediate clarification from Ukraine and stress the need to ensure their safety.

During the meeting, the MEA reiterated that merchant ships engaged in commercial trade and civilian crew members must not become targets during armed conflict. India urged Ukraine to take all possible steps to prevent such incidents and to uphold international maritime law, which protects civilian shipping operating in international waters.

The ministry said it is in constant contact with Indian missions abroad, shipping companies, and maritime authorities to monitor the condition of Indian crew members. Officials have assured that diplomatic and consular assistance for the crew.

The attack have once again highlighted the dangers faced by thousands of Indian seafarers employed on international cargo vessels operating in conflict-affected regions. The continuing war has disrupted shipping routes in the Black Sea, creating risks for commercial trade and the safety of multinational crews.

The latest diplomatic move reflects India’s consistent position on the Russia-Ukraine conflict. While maintaining relations with both countries, India has repeatedly called for dialogue, a peaceful resolution to the conflict, and the protection of civilians and commercial vessels under international law.

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