On Tuesday, 16th April, the Supreme Court of India remarked that lawyers appearing in a Public Interest Litigation (PIL) related to mob lynching cannot be selective about cases that they highlight before the court. A three-judge bench comprising Justice BR Gavai, Justice Aravind Kumar, and Justice Sandeep Mehta specifically mentioned the murder of the Hindu tailor Kanhaiya Lal in Udaipur who was killed by two Islamists in 2022 for allegedly supporting Bharatiya Janata Party (BJP) spokesperson Nupur Sharma.
During the hearing, the court asked, “What about that tailor in Rajasthan… Kanhaiya lal… why was he lynched?” When advocate Nizam Pasha, representing petitioners, submitted that the matter was not included in the PIL, the court remarked, “You have to ensure that it is not selective at all if all States are there…”
SC: What about that tailor in Rajasthan..kanhaiya lal… who was lynched..
— Bar and Bench (@barandbench) April 16, 2024
Pasha: I do not think that it is included..
SC: you have to ensure that it is not selective at all if all states are there..
Sr Adv Archana Pathak Dave: this is just mob lynching of muslims…
Senior advocate Archana Pathak Dave, representing the Gujarat government, pointed out that only cases of lynching of Muslims were being highlighted before the court. However, the court asked the counsel not to make such remarks. The court said, “Don’t make submissions based on what we say… we are saying it is not about religion or caste.. it has to be about the overall issue which is prevailing.”
What is the case about
The bench was hearing a PIL filed by the National Federation of Indian Women over the alleged rise in incidents of mob violence against minorities. The petitioner sought immediate interim compensation for the families of victims of mob lynching. In July 2023, the court sought a reply from the Central government and the police of six states.
Kanhaiya Lal murder case
On 28th June 2022, Hindu tailor Kanhaiya Lal was brutally murdered by two Islamists, Mohammed Riyaz Attari and Gaus Mohammed. They filmed the heinous crime and circulated the video online. The murder was allegedly motivated by a social media post by Kanhaiya Lal in support of former BJP spokesperson Nupur Sharma. Following the post, he received threats and got calls for his arrest.
On 15th June 2022, Lal reportedly filed a complaint with the local police seeking protection. However, the police did not take any concrete action, and he was left vulnerable. Kanhaiya Lal kept the shop shut for a few days after receiving threats. Eventually, he had to open the shop, which led to the attack. The two Islamists were arrested soon after the murder and charged with premeditated murder and criminal conspiracy. Their trial is currently ongoing.
