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Mohd. Haroon And Others v. Union Of India And Another
Factual and Procedural Background
Two criminal writ petitions—WP (Crl.) No. 155 of 2013 filed by Mohd. Haroon and others, and WP (Crl.) No. 158 of 2013 filed by the Supreme Court Bar Association—were instituted in the wake of communal violence that erupted on 27-08-2013 in Muzaffarnagar and adjoining areas of Uttar Pradesh. Large numbers of people were reportedly stranded without basic necessities. On 12-09-2013 the Supreme Court issued interim directions requiring the Union of India and the State of Uttar Pradesh to establish relief camps, provide food, water, shelter and medical care, and to file compliance reports.
By its subsequent order dated 19-09-2013, the Court noted receipt of affidavits from both governments and found it necessary to centralise all related litigation. Consequently, Public Interest Litigation WP (PIL) No. 49526 of 2013 pending before the Allahabad High Court was withdrawn to the Supreme Court, and any further grievances concerning the incident were directed to be addressed exclusively before the apex court. The matter was adjourned to 26-09-2013 for updated status reports.
Legal Issues Presented
- Whether, in the interest of effective judicial supervision, the Supreme Court should transfer WP (PIL) No. 49526 of 2013 from the Allahabad High Court to itself.
- What immediate and continuing directions are required to ensure adequate relief, rehabilitation, and security for persons affected by the Muzaffarnagar violence.
Arguments of the Parties
Petitioners’ Arguments
- Learned Senior Counsel Mr. Gopal Subramanium contended that the relief measures disclosed in the affidavits of the Union of India and the State of Uttar Pradesh were insufficient to address the gravity of the situation.
Union of India’s Position
- The Attorney General reiterated the contents of the Union’s affidavit and assured the Court of the Central Government’s full commitment to provide financial assistance and security measures for both immediate and long-term relief.
State of Uttar Pradesh’s Position
- Dr. Rajeev Dhavan, Senior Counsel, detailed steps already taken by the State to supply food, water, shelter and medical care, and assured the Court that further measures were underway, including peaceful resettlement of stranded persons.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court observed that it was already seised of two writ petitions on the same subject and had been actively monitoring governmental compliance. To avoid fragmented adjudication and to ensure coherent relief, the bench found it “in the interest of all concerned” to consolidate the litigation by transferring the pending PIL from the High Court.
Upon reviewing the affidavits, the Court acknowledged that although steps had been taken by both governments, additional measures were required. The assurances given by the Attorney General and counsel for the State were formally recorded. The Court therefore:
- Directed the Registrar of the Allahabad High Court to transmit the entire record of WP (PIL) No. 49526 of 2013 forthwith.
- Clarified that future grievances relating to the 27-08-2013 incident must be brought only before the Supreme Court.
- Re-affirmed its earlier directions of 12-09-2013 concerning relief camps, safety, and medical facilities, and mandated continued compliance.
- Ordered both respondents to file further status reports by 26-09-2013, while permitting petitioners and other informed individuals to supply additional information to the State’s Standing Counsel.
Holding and Implications
Holding: The Supreme Court transferred WP (PIL) No. 49526 of 2013 from the Allahabad High Court to itself, reiterated and extended its relief directions to the Union of India and the State of Uttar Pradesh, and fixed 26-09-2013 for further monitoring.
Implications: All litigation and future grievances arising from the Muzaffarnagar violence are now centralized before the Supreme Court, ensuring unified oversight of relief and rehabilitation efforts. The order imposes continuing obligations on both the Central and State Governments but does not articulate any new legal doctrine beyond the supervisory powers inherent in Article 32.
Order delivered on 19-9-2013
1. Taking note of the fact that this Court has entertained Writ Petition (Crl.) No. 155 of 2013, filed by Mohd. Haroon and others, as well as WP (Crl.) No. 158 of 2013, filed by the Supreme Court Bar Association and pursuant to the direction of this Court dated 12-9-2013 WP (Cri) No. 155 of 2013, the Union of India, as well as the State of Uttar Pradesh, Respondents 1 and 2 respectively, have filed their response with regard to various steps including the relief to the stranded persons and of the fact that this Court is monitoring the entire incident, we feel that in the interest of all concerned, the matter pending before the Allahabad High Court, namely, WP (PIL) No. 49526 of 2013, is to be heard along with the above matters.
2. Accordingly, we direct that Writ Petition (PIL) No. 49526 of 2013 pending on the file of the High Court of Allahabad be transferred to this Court. All the counsel are agreeable for this transfer. The Registrar, High Court, is directed to transmit all the papers pertaining to the said writ petition to this Court forthwith.
3. It is made clear that any grievance pertaining to the incident that took place on 27-8-2013 at Muzaffarnagar and nearby places, the aggrieved persons are to approach only to this Court for necessary relief/directions.
4. Pursuant to the direction of this Court dated 12-9-2013 WP (Cri) No. 155 of 2013, Respondent 1 Union of India as well as Respondent 2 State of Uttar Pradesh have filed affidavits along with annexures highlighting the steps taken by them.
5. Though, Mr Gopal Subramanium, learned Senior Counsel appearing on behalf of the petitioners in WP (Crl.) No. 155 of 2013 after taking us through the compliance report/affidavits filed by Respondents 1 and 2 submitted that the steps taken by the said respondents are inadequate, however, it cannot be claimed that they have not taken effective steps. However, on going through the details mentioned in the respective affidavits as well the reply filed by the petitioners, we direct both the respondents viz. the Union of India and the State of Uttar Pradesh to provide the required assistance/facilities as directed in our order dated 12-9-2013 WP (Cri) No. 155 of 2013.
6. During the course of hearing, the learned Attorney General apart from reiterating the stand taken in their affidavit assured this Court that the Government of India is fully committed to provide all required financial assistance as well as security measures for the immediate and permanent relief to the stranded and affected persons.
7. Dr Rajeev Dhavan, learned Senior Counsel appearing for the State of Uttar Pradesh after taking us through the various steps taken by them also assured this Court that apart from the steps taken by the State, they are taking further steps for providing food, water, shelter and medicines to all those affected persons. He also assured us that the State Government is taking effective steps for peaceful resettlement of those stranded persons. The above statement of both the respondents is hereby recorded.
8. In order to ascertain the further development and the steps taken by both the respondents, we adjourn the matter till next Thursday i.e 26-9-2013. Respondents 1 and 2 are directed to file further report on that day.
9. The petitioners as well as the others who are aware of more details about the sufferings of the people concerned are permitted to hand over all the details to the Standing Counsel for the State of Uttar Pradesh
10. Issue notice on Crl. MP No. 19971 of 2013 in WP (Crl.) No. 158 of 2013.
WP (Crl.) No. 165 of 2013
11. Taken on board.
12. The petitioner is permitted to serve copy of the petition on the Union of India as well as the State of Uttar Pradesh Tag with WP (Crl.) No. 155 of 2013, etc.
13. List all the matters including the transferred matter at 3.00 p.m on 26-9-2013.
Order delivered on 12-9-2013
14. Writ Petition (Crl.) No. 158 of 2013 and Crl. MP filed in Writ Petition (Crl.) No. 155 of 2013, are taken on board. Issue notice to the Union of India, returnable on Monday (16-9-2013). Dasti, in addition, is permitted. The counsel for the petitioners are permitted to serve notice on the Office of the Attorney General for India. Mr Ravi P. Mehrotra, learned Advocate, accepts notice on behalf of the State of Uttar Pradesh and its officers.
15. Heard Mr Gopal Subramanium, learned Senior Counsel appearing for the petitioners in WP (Crl.) No. 155 of 2013; Mr M.N Krishnamani, learned Senior Counsel for the petitioners in WP (Crl.) No. 158 of 2013 and Dr Rajeev Dhavan, learned Senior Counsel appearing for the State of Uttar Pradesh
16. On going through various allegations levelled in the writ petitions, we are inclined to examine the matter. At present, we direct the State of Uttar Pradesh in association with the Central Government to take immediate steps and take charge of all persons, who are stranded without food and water and set up relief camps providing all required assistance. It is also directed to ensure that all stranded are taken to places of safety and are given minimum amenities of food and water and to make adequate arrangements for their stay, till rehabilitation and restoration takes place in their respective places. It is further directed to provide necessary medical treatment to all wounded and needy persons and also while lifting them to hospitals, either at Meerut or Roorkee, if required hospitals at Delhi or any other suitable places.
17. The State of Uttar Pradesh, as well as the Central Government, are directed to file the compliance reports by their senior officers on the next date of hearing.
18. The learned counsel for the parties are permitted to file additional documents. List on Monday (16-9-2013) at 2.00 p.m
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