New Delhi : Leading religious organization Samastha Kerala Jem-iyyathul Ulama has approached the Supreme Court of India, filing a petition to initiate contempt of court proceedings against states that have failed to implement judicial directives to control mob lynching. Despite landmark guidelines issued by the apex court in 2018, the petition alleges that several state governments have demonstrated gross negligence in preventing these communal and targeted attacks.

Background: The Tehseen Poonawalla Mandate:

In 2018, following a petition by activist Tehseen Poonawalla, the Supreme Court issued a comprehensive set of directions to state governments. The court emphasized that mob lynching and "horrendous acts of mobocracy" disrupt the peaceful fabric of civil society and cannot be allowed to become the "new normal." However, Samastha argues that seven years later, hate speech and mob violence against minority communities continue to rise, particularly in northern states like Bihar.

The petition, filed by Samastha’s Secretary Ali Kutty Musliyar, specifically names officials such as Bihar’s DGP Vinay Kumar and Additional Chief Secretary Aravind Kumar as respondents.

Key Directives Issued by the Supreme Court:

To combat the rising tide of vigilantism, the Supreme Court’s 2018 order outlined specific preventive, remedial, and punitive measures:

Appointment of Nodal Officers: Every district must appoint a Nodal Officer, no lower than the rank of Deputy Superintendent of Police (DSP), to oversee the prevention of mob violence.

Special Task Forces: State governments are required to form special task forces to gather intelligence on potential mob violence and monitor the spread of hateful content on social media.

Identification of Sensitive Areas: Governments must document and identify districts, villages, and specific areas where incidents of lynching have occurred over the last five years.

Intelligence and Monthly Meetings: Nodal Officers must hold monthly meetings with local intelligence units to identify trends and potential threats to communal harmony.

High-Level Review: The Director General of Police (DGP) and Home Department secretaries are mandated to analyze reports on mob lynching cases every three months.

Patrolling and Deterrence: DGPs must issue circulars to superintendents to increase police patrolling in sensitive areas to ensure that potential perpetrators fear the law.

Use of CrPC Section 129: Police are duty-bound to use Section 129 of the CrPC to disperse any assembly that may lead to violence.

Public Awareness Campaigns: Both central and state governments must use TV, radio, and social media to broadcast the legal consequences of mob lynching.

Immediate Legal Action: FIRs must be filed immediately against individuals sharing inflammatory content that could trigger communal violence.

Recent Incidents Highlighting State Failure:

The petition argues that the recent spike in violence in Bihar serves as evidence of the state’s failure to adhere to the court’s instructions. Notable cases cited include:

1. December 2024 (Nawada): Muhammed Athar Hussain, a dress merchant, was beaten to death by a mob using a heated iron rod.

2. January 8, 2025 (Aurangabad): A Muslim worker named Vaseem was killed by a mob after he reportedly drank water from a temple.

3. Saran District: Zakir Khuarish was killed by a mob of 60 to 70 people over allegations of cow theft.

4. June 6, 2025 (East Champaran): Sheikh Vajul Haq Sahib was attacked and killed by a mob inside his own home in Fulvariya Village.

5. August 28, 2025 (Nawada): Gaya Manji and his wife Samudri were attacked over allegations of "black magic"; Manji succumbed to his injuries.

The Impact on Social Harmony:

Samastha’s petition highlights that this "continuing cycle of violence" proves that the state machinery is not taking the necessary precautions mandated by the law. By failing to appoint effective nodal officers or curb hate speech, the petition argues that the irresponsibility of state authorities is directly harming communal harmony and the peaceful atmosphere of the country.

The plea asks the Supreme Court to hold the responsible officials accountable for their inaction, asserting that without strict contempt action, the guidelines meant to protect the lives of citizens will remain only on paper.