MOHD. HAROON & ORS. versus UNION OF INDIA & ANR.

MOHD. HAROON & ORS. versus UNION OF INDIA & ANR.

State government is prima facie responsible for negligence in failing to anticipate and prevent communal violence; compensation must be paid to victims including rape victims; Court's power to direct CBI or SIT investigations must be reserved for exceptional cases; relief and rehabilitation to riot victims ordered including compensation and support measures; all accused must be apprehended and prosecuted irrespective of political affiliations.

Parties
Petitioner: Mohd. Haroon & Ors.; Respondent: Union of India & Anr.
Jurisdiction
India
Judgment Date
26 March 2014
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
writ petitions, contempt petitions, transfer petition, SLPs disposed
Legal Topics
Communal Riots, State Responsibility, Victim Compensation, Investigation Standards, Rehabilitation, Crime Against Women
Criminal Law Constitutional Law Human Rights Communal Riots State Responsibility Victim Compensation Investigation Standards Rehabilitation +1 more

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Parties

Mohd. Haroon & Ors.

Petitioner

Union of India & Anr.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 state responsibility for prevention of communal violence
  2. 2 compensation and rehabilitation to riot victims
  3. 3 adequacy of investigation by State agencies

Ratio Decidendi

State government is prima facie responsible for negligence in failing to anticipate and prevent communal violence; compensation must be paid to victims including rape victims; Court's power to direct CBI or SIT investigations must be reserved for exceptional cases; relief and rehabilitation to riot victims ordered including compensation and support measures; all accused must be apprehended and prosecuted irrespective of political affiliations.

Court Disposition

writ petitions, contempt petitions, transfer petition, SLPs disposed

Orders

  • State Government to pay Rs. 5 lakhs each to rape victims for rehabilitation within 4 weeks
  • SIC to arrest and produce all accused before Court in time-bound manner