NDLI: Mohd. Haroon & Ors. Vs. Union of India & Anr.

Mohd. Haroon & Ors. Vs. Union of India & Anr.

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Mohd. Haroon & Ors. Vs. Union of India & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	RIOTS: Muzaffarnagar riots - Communal tension
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	RIOTS: Muzaffarnagar riots - Communal tension wrecking lives of a large number of people - Writ petitions seeking for an inclusive protection for each victim whose fundamental rights have been infringed in the said riot - Held: When the incidents of communal disturbance flared up, it was expected by the State intelligence agencies to apprise the State Government and the District Administration in particular, to prevent such communal violence - Prima facie, the State government is responsible for being negligent at the initial stage in not anticipating the communal violence and for taking necessary steps for its prevention - In these matters, from time to time various interim orders have been passed by the Supreme Court for monitoring the situation at the place of incident - On directions of the Supreme Court, the State Government has made arrangements in relief camps for medical facilities, sanitation, tents, items of daily use, cloths, financial assistance to the wounded and the families of deceased persons and for their resettlement and rehabilitation - State Government is also directed to pay compensation of Rs. 5 lakhs for rehabilitation of victims of rape - Sincere efforts shall be made to apprehend all the accused of murders irrespective of political affiliation and produce them before the appropriate court - State is directed to identify the left out injured persons (simple/grievous}, next kin of the deceased who died in the communal violence and settle the compensation - It is the responsibility of the State Administration in association with the intelligence agencies of both State and Centre to prevent such recurrence of communal violence in any part of the State - The officers responsible for maintaining law and order, if found negligent, should be brought under the ambit of law irrespective of their status - The relief, not only be provided to all needy families irrespective of their religion but it should a/so be provided to only genuinely affected families. Muzaffarnagar riots - Communal riots - Incidents of rapes - Government directed to formulate and implement policies in order to uplift socio-economic conditions of women and sensitization of society and police force - Victims to be paid compensation of Rs. 5 lakhs in addition to various benefits - Crime against women. INVESTIGATION/INQUIRY:Muzaffarnagar riots - Communal violence wrecking lives of large number of people - Brutal murders, rapes and large scale migration taken place - Writ petition under Article 32 - Prayer for transfer of investigation to CBI or SIT - Held: Such an order cannot be passed as a matter of routine or merely when some a/legations are leveled against the local police - This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in F investigation - Based on various interim orders in the instant writ petitions, the State Government had constituted a Special Investigation Cell (SIC) - Details furnished by the State showed that after constitution of SIC, it inquired about all those persons who had fled from their villages and had taken refuge in various relief camps and noted their problems by taking list of such persons staying in camps - In the light of steps taken by State, there is no need to either constitute SIT or entrust investigation to the CBI. CRIME AGAINST WOMEN:Victim Compensation in Rape Cases - Held: No compensation can l)e adequate nor can it be of any respite for the victims but since it is on account of failure of the State that such incidents take place, the State is duty bound to provide compensation, which may help in victims'rehabilitation - In 2009, a new s.357A was introduced in the Code which casted a responsibility on the State Governments to formulate Schemes for compensation to the victims of crime in coordination with the Central Government whereas, previously, s.357 ruled the field which was not mandatory in nature and only the offender could be directed to pay compensation to the victim under this Section - Under the new s. 357 A, the onus is put on the District Legal Service Authority or State Legal Service Authority to determine the quantum of compensation in each case. CONSTITUTION OF INDIA, 1950:Articles 32, 226 - Scope of - Held: Despite wide powers conferred by Articles 32 and 226, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these constitutional powers - The very plenitude of the power under the said articles requires great caution in its exercise - Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police - This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights - Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations.
Judge	Honble Mr. Justice P. Sathasivam
Neutral Citation	2014 INSC 210
Petitioner	Mohd. Haroon & Ors.
Respondent	Union Of India & Anr.
SCR	[2014] 4 S.C.R. 907
Judgement Date	2014-03-26
Case Number	155

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