Moradabad Mob Lynching | Allahabad HC Seeks UP Govt's Reply On Plea Of Victim's Brother For SIT Probe, ₹50 Lakh Compensation

Hearing the plea last week, a bench of Justice Siddharth and Justice Ram Manohar Narayan Mishra issued notices to the Centre, the UP DGP, as well as the Uttar Pradesh Government and sought their responses within two weeks. The matter will be heard next on June 10.

Petitioner (Mohd Alam), the brother of the deceased (Shahedeen Qureshi), has filed this petition, alleging that his brother, who earned his livelihood by pulling manual carts, was brutally murdered by a group of cow vigilantes on the mere suspicion of involvement in cow slaughter.

He has raised his grievance in the plea that while the FIR should have been lodged by the police under Section 103(2) of the BNS [mob lynching], it was instead registered under Section 103(1) [Murder]. He has claimed that although the police state that the section was invoked based on his complaint, his signature was obtained under duress.

The plea alleges that the police are not impartial in the matter, are attempting to shield the actual perpetrators, and are not conducting the investigation fairly or professionally.

It further states that the inaction of police officials in taking preventive measures against communal violence and lynchings constitutes a blatant violation of the guidelines laid down by the Supreme Court in para 40A (i), (ii), (iii), (iv), and (v) of its judgment in Tehseen S. Poonawalla vs Union of India, which mandates specific preventive and remedial measures in cases of mob lynching.

“Shahe Deen, has been a victim of mob violence that was preventable had the police exercised reasonable diligence and fulfilled their statutory duties to monitor and curb the activities of known anti-social elements in the area, and this criminal neglect by the law enforcement authorities constitutes a direct breach of their duty to protect life, maintain public order, and uphold the rule of law, making them complicit in the systemic failure to prevent such atrocities,” the petition states.

The plea adds that the State of Uttar Pradesh has failed to formulate a Lynching/Mob Violence Compensation Scheme in compliance with the provisions of Section 357A of the CrPC, despite the explicit and binding direction in the Tehseen Poonawalla case, which constitutes 'grave' and 'willful' violation of the rule of law.

Against this backdrop, the plea prays for the following:

• Direct the UP Government to constitute an SIT and transfer the investigation of the FIR to an impartial agency for a fair and speedy probe, ensuring no harassment to the petitioner or the deceased's family.
• Direct the UP Government to ensure compliance with Supreme Court guidelines and direct correction of the FIR by adding the correct legal provisions and names of the accused; investigation should be fair and free from influence.
• Direct the UP Government to implement a victim compensation scheme for mob lynching victims and provide ₹50 lakhs as compensation to the victim's family, and ₹10 lakhs as interim relief.
• Direct the UP Government to take disciplinary action against the police officials involved in the matter, as per the Supreme Court's directions, to ensure accountability.
• Direct the UOI to launch public awareness campaigns against mob violence and lynching, highlighting legal consequences, as directed by the Supreme Court.