The Allahabad High Court has directed the Uttar Pradesh government to file a detailed affidavit within three weeks in compliance with the Supreme Court’s 2018 guidelines on mob lynching, expressing dissatisfaction with the state’s response in a case involving the lynching of a 37-year-old man in Moradabad.
The bench of Justice Siddharth and Justice Avnish Saxena was hearing a petition filed by the brother of Shahedeen, who was killed by a mob on suspicion of cow slaughter on the night of December 29–30, 2024. The petitioner demanded an investigation by a Special Investigation Team (SIT) and ₹50 lakh in compensation for the family.
The court noted that the state had failed to demonstrate any steps taken in accordance with the Supreme Court’s binding guidelines in Tehseen S. Poonawalla vs. Union of India (2018), which mandated remedial and preventive measures for mob violence, including:
- Prompt FIR registration
- Appointment of a nodal officer
- Timely filing of charge-sheets
- Compensation to victims
- Accountability of erring officials
Only the investigating officer had submitted a counter-affidavit so far. The division bench directed the UP government to file a “better counter-affidavit” specifically addressing these directives within three weeks and fixed the next hearing for August 5, 2025.
The court also pointed out irregularities in the registration of the FIR. Though it observed that charges should have been filed under Section 103 of the Bharatiya Nyaya Sanhita (BNS), the same provision was cited without clarity, and the FIR was instead registered against the victim and his associates under the Uttar Pradesh Prevention of Cow Slaughter Act.
In a significant move, the court stayed further investigation in the case until the next hearing.
The petitioner also alleged that the state has not formulated a Lynching and Mob Violence Compensation Scheme under Section 357A of the CrPC, despite explicit directions from the Supreme Court. This, the petition argued, amounts to a grave and willful violation of the rule of law.
Further, the petitioner requested that the court:
- Direct the state to initiate disciplinary proceedings against negligent police officers
- Instruct the central government to conduct public awareness campaigns about the illegality of mob lynching and its legal consequences
The case stems from a chilling incident in which Shahedeen and a few others were allegedly apprehended by a mob in Moradabad on the suspicion of cow slaughter. While the others fled, Shahedeen was caught and beaten for nearly an hour, succumbing to his injuries the following day.
Instead of treating him as a victim, the local police reportedly booked Shahedeen and his associates under cow slaughter laws—raising questions about institutional bias and failure to act against the perpetrators.
