State must prevent violence by vigilante groups: SC
New Delhi, July 3: The Supreme Court on Tuesday said that it was the obligation of the State that crimes involving vigilante groups are prevented, saying self-appointed vigilantes can't be allowed to take law in their hands.
Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud reminded the Centre and State governments of their responsibility to curb violence by vigilante groups.
The court said this while hearing of batch of petitions including one by social activist Tehseen S. Poonawalla and Tushar Gandhi, great grandson of Mahatma Gandhi, seeking to curb violence by cow vigilante groups.
Tushar Gandhi had also filed a contempt plea on some States, accusing them of not enforcing the earlier orders of the court.
The court said that violence by any vigilante group had to be curbed after its attention was drawn to the violence in Maharashtra in which five people were killed in mob violence in the wake of social media posts on alleged child lifters.
Reserving the order, the court gave all the parties three days time to submit their written submission with suggested guidelines to deal with such violence.
Appearing for Tushar Gandhi, senior counsel Indira Jaisinh told the court that despite its order to appoint nodal officers to prevent such incidents, there was an incident of mob lynching near the national capital.
She told the court that the purpose of moving the contempt plea was not to punish someone but for the effective enforcement of its orders by the state governments.
"Unlike other crimes, this crime (by vigilante group) has a pattern and motive and the question is whether State is acting or not," Jaising said.
Article 256 of the Constitution, which spells the obligation of States and the Union, provides that the Centre could give necessary directions to the States in a given situation.
Additional Solicitor General P.S. Narasimha said the Centre could issue advisories to the States as law and order was a State subject.
He said that the concern was of maintaining law and order and the question was implementation of Supreme Court orders by the State governments.
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'Godman' Kharat held in 8th sexual exploitation case; court denies police remand, sends him to jail
Nashik (PTI): Police took custody of self-proclaimed godman-cum-astrologer Ashok Kharat in an eighth case related to sexual exploitation of women and produced him before a Nashik district court which sent him to jail till May 12 after rejecting the plea for his police remand on Thursday.
On April 29, the Special Investigation Team (SIT) of the Nashik police in north Maharashtra filed a request application in the court demanding Kharat's custody in the eighth case.
After the court granted them the necessary permission, the SIT took custody of Kharat, who was in jail in connection with the seventh case of sexual exploitation registered against him.
The 'godman', named in a dozen FIRs related to rape and financial fraud, was produced before Chief Judicial Magistrate B N Ichpurani in the eighth case through video conferencing due to security reasons.
The eighth case related to Kharat allegedly sexually exploiting a woman who had approached him in search of solutions to her family problems, according to police.
During the hearing, the prosecution demanded police custody of the accused in the latest case.
However, the defence strongly opposed the demand and argued that the SIT was giving same reasons for police custody every time and there was no strong reason for accepting their plea.
The court accepted the argument put forth by the defence and remanded Kharat to judicial custody till May 12 in the eighth case.
The SIT will produce Kharat in the court on Friday again and seek his police custody in the ninth case. As the self-styled godman has been granted judicial custody in the eighth case, he will be sent to Nashik Road Central Jail and the SIT will take his custody from there.
Meanwhile, Kharat's judicial custody in the fourth case ended on Thursday. On April 18, the accused was remanded to judicial custody till April 30 in the fourth case of sexual exploitation of women.
In a related development, the SIT conducted a search at Kharat's office in the 'Canada Corner' area of Nashik city on Wednesday. A 'panchnama' (record of search and seizure proceedings) was conducted and the office was locked and sealed again.
Kharat, a well-heeled man with political connections, was arrested for the first time on March 18 after a woman alleged he had repeatedly raped her for three years.
He is accused of sexually exploiting several women by claiming to have divine powers and knowledge of black magic, and also committing large-scale financial fraud.
The SIT is conducting a probe into 12 cases of sexual exploitation and financial fraud registered against the astrologer in Nashik and Ahilyanagar districts.
