'Courts Shouldn't Issue Unmanageable General Directions' : Supreme Court Rejects Contempt Plea Over 2018 Judgment Against Mob Violence

The Supreme Court yesterday refused to entertain a contempt petition alleging non-compliance by the States with the directions issued in the 2018 judgment in Tehseen Poonawala v. Union of India in which directions were issued to curb mob lynching and hate crimes.

The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a contempt petition filed by Samastha Kerala Jamiat-ul-Ulema.

The CJI, disinclined to entertain the plea, remarked that the directions issued were general in nature and a contempt plea should be filed if an individual's rights were affected.

"Firstly, the Court should be very careful in issuing directions which are unmanageable directions . In any case, if we issue directions, those are on general principles that we tell, we expect people to be aware of."

The CJI stated that the contempt petition could have been moved in case of individual grievances, based on specific facts.

The bench dismissed the plea with liberty to the petitioners to avail the legal remedy available in law

The Top Court in Tehseen Poonawala v. Union of India directed the Parliament to consider the need to make a law on mob lynching. A slew of preventive measures were also directed by the Court to prevent the crime of mob lynching and hate speeches. One of the measures mandated the State government to set up a special task force to get information on persons committing the crimes of mob lynching as well as spreading hate speeches, provocative statements and fake news.

Notably, in a related case of Shaheen Abdullah v. Union of India & Ors, the Court has previously sought a follow-up on the compliance of the Poonawala Guidelines from 28 State Governments, in order to effectively and practically curb hate speeches.

A detailed explainer on the laws on hate speech can be read here.

Case details : TEHSEEN S. POONAWALLA Versus UNION OF INDIA AND ORS| W.P.(C) No. 754/2016