Allahabad High Court Seeks Compliance from UP Govt on Mob Lynching Guidelines

By Rajesh Pandey

Allahabad, July 15, 2025 — The Allahabad High Court has pulled up the Uttar Pradesh government for failing to comply with the Supreme Court’s guidelines on mob lynching and mob violence, as laid down in the landmark judgment Tehseen S. Poonawalla v. Union of India (2018).

The court directed the state to file a comprehensive counter-affidavit within three weeks, addressing each of the preventive and remedial directions issued by the apex court.

A division bench of Justices Siddharth and Avnish Saxena passed the order while hearing a writ petition filed by the brother of Shahedeen, a 37-year-old man who was lynched in Moradabad district in December last year, allegedly on the suspicion of cow slaughter.

The petitioner has sought an independent investigation by a Special Investigation Team (SIT) and ₹50 lakh compensation for the bereaved family.

The petition further alleged that the state has neither taken accountability measures nor formulated a victim compensation scheme for lynching victims, in violation of Section 357A of the Criminal Procedure Code and the Supreme Court’s binding ruling in the Tehseen Poonawalla case.

Court Highlights Government’s Inaction

During the proceedings, the court took note of the state’s non-compliance with various key directives from the Supreme Court’s 2018 ruling, including:

• Prompt FIR registration in mob lynching cases

• Appointment and oversight by nodal officers

• Filing of charge sheets promptly

• Implementation of a state-specific compensation scheme

• Launch of public awareness campaigns about the illegality of mob violence

Only the investigating officer had filed an affidavit, the bench observed, while the state government had failed to furnish any meaningful response outlining steps taken under the top court’s guidelines.

The High Court, therefore, directed the UP Government to file a better counter-affidavit, specifically addressing these lapses and compliance measures.

Serious Allegations and Legal Lapses

The petitioner’s counsel submitted that the first information report (FIR) in the case was registered under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS), which pertains to murder, instead of the more appropriate Section 103(2) that explicitly deals with mob lynching.

The court agreed that this was a critical omission and accordingly stayed the investigation under the current FIR until the next hearing.

In a significant remark, the court noted that the failure to file an FIR under the correct provision and the lack of compensation reflect a “grave” and possibly **willful violation of the rule of law.”

Incident Details

The incident occurred on the night of December 29-30, 2024, around 3 a.m., when Shahedeen and several others were allegedly caught by a mob while reportedly attempting to slaughter a cow.

While his companions escaped, Shahedeen was caught and brutally assaulted for nearly an hour. He succumbed to his injuries the following day. In a further twist, the local police subsequently booked the deceased and his alleged accomplices under the UP Prevention of Cow Slaughter Act.

Additional Reliefs Sought

The petitioner has urged the court to:

• Direct the UP Government to initiate disciplinary action against police personnel who failed in their duties

• Order the Government of India to launch awareness campaigns against mob lynching and vigilante violence

• Mandate the creation of a lynching/mob violence compensation scheme as required under Section 357A CrPC

The next date of hearing is scheduled for August 5, 2025, by which time the UP Government must submit a detailed compliance affidavit addressing each of the Supreme Court’s directives.

This case brings renewed attention to the issue of mob lynching in India, particularly the urgent need for systemic reform, accountability, and victim support mechanisms, in line with judicial mandates that remain largely on paper for many states.
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