New Delhi, July 17: Horrendous acts of mobocracy cannot be allowed to overrun the law of the land, the Supreme Court today said and asked Parliament to consider enacting a new law to sternly deal with mob lynching and cow vigilantism, warning that such incidents may rise like a “Typhon-like monster” across the country.
Asserting that there cannot be any investigation, trial or punishment out on the streets, the top court said it was the duty of the states to strive and promote fraternity amongst all citizens; as such mob violence was being instigated by intolerance and misinformed by circulation of fake news and false stories.
In a strongly worded 45-page verdict, it said “rising intolerance and growing polarisation”, which has led to the spate of such incidents, “cannot be permitted to become the normal way of life”, as the instances of lynching and mob violence were creeping threats which may gradually take the shape of a “Typhon-like monster”.
In Greek mythology, Typhon is said to be a deadly creature or a monstrous serpentine giant.
A bench headed by Chief Justice Dipak Misra also passed a slew of directions to the government to provide “preventive, remedial and punitive measures” to deal with offences like mob violence and cow vigilantism.
“In times of chaos and anarchy, the State has to act positively and responsibly to safeguard and secure the constitutional promises to its citizens. The horrendous acts of mobocracy cannot be permitted to inundate the law of the land.”
“Earnest action and concrete steps have to be taken to protect the citizens from the recurrent pattern of violence which cannot be allowed to become ‘the new normal’. The State cannot turn a deaf ear to the growing rumblings of its people,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.
The apex court said there was a need to enact a special law as it would instill a sense of fear for law amongst those who involve themselves in mob lynching.
The bench said it was the duty of state governments to ensure law and order in the society, besides ensuring that the rule of law prevailed.
“Mob vigilantism and mob violence have to be prevented by the governments by taking strict action and by the vigil society who ought to report such incidents to the state machinery and the police instead of taking the law into their own hands.
“Rising intolerance and growing polarisation expressed through spate of incidents of mob violence cannot be permitted to become the normal way of life or the normal state of law and order in the country,” the court said.
It said that good governance and nation building required sustenance of law and order which is intricately linked to the preservation of the marrows of our social structure.
“In such a situation, the State has a sacrosanct duty to protect its citizens from unruly elements and perpetrators of orchestrated lynching and vigilantism with utmost sincerity and true commitment to address and curb such incidents which must reflect in its actions and schemes,” the bench said.
It said that the authorities, conferred with the responsibility to maintain law and order in the states, have the principal obligation to see that vigilantism, be it cow vigilantism or any other vigilantism of any perception, do not take place.
“When any core group with some kind of idea take the law into their own hands, it ushers in anarchy, chaos, disorder and, eventually, there is an emergence of a violent society. Vigilantism cannot, by any stretch of imagination, be given room to take shape, for it is absolutely a perverse notion.”
“We may note here that certain applications for intervention and written notes have been filed in this regard supporting the same on the basis that there is cattle smuggling and cruel treatment to animals. In this context, suffice it to say that it is the law enforcing agencies which have to survey, prevent and prosecute,” the bench said.
The court noted that there has been an “unfortunate litany” of growing mob violence and “agonized horror, presenting a grim and gruesome picture that compels us to reflect whether the populace of a great Republic like ours has lost the values of tolerance to sustain a diverse culture.
“In the obtaining situation, the need to preserve and maintain unity amongst the fellow citizens of our country, who represent different castes, creed and races, follow different religions and use multiple languages, ought to be discussed and accentuated.”
The order said it was required that “our country must sustain, exalt and celebrate the feeling of solidarity and harmony so that the spirit of oneness is entrenched in the collective character. Sans such harmony and understanding, we may unwittingly pave the path of disaster.”
The judgment was delivered on a batch of petitions including Mahatma Gandhi’s grandson Tushar Gandhi and Congress leader Tehseen Poonawalla seeking formulation of guidelines to curb incidents of mob violence and lynching in the country.
The court posted the matter for further hearing on August 20 and asked the Centre and the state governments to take steps to deal with such offences in pursuance of its directions and file a compliance report within four weeks.
Upcoming elections: BJP banks on ‘some friends’ in JK
Jammu, Jan 20: BJP general secretary Ram Madhav on Sunday said while his party would most likely go it alone in the upcoming Jammu and Kashmir assembly elections, it would form a “stable government with some friends” in the state after the polls.
He said his party would contest all seats in the state.
“There is the least possibility of a pre-poll alliance with any party for the assembly elections in the state. The BJP will emerge (as) the largest party after the elections and will give a stable government to the people with some friends,” Madhav told reporters here.
Due to the special circumstances in the state, “we have no hesitation in joining hands with others” to form the government, he said.
Talking about the Bharatiya Janata Party’s (BJP) erstwhile ruling alliance with the Peoples Democratic Party (PDP), he said, “After elections we formed an alliance, but today again the BJP is going it alone in the elections.”
The BJP leader said Prime Minister Narendra Modi will kick start the party’s campaign for upcoming parliamentary and assembly polls in the state during his visit on February 3.
“While the parliamentary elections are scheduled for April-May, the BJP is ready for the assembly polls in the state as well. It is up to the Election Commission to decide whether the two polls are held together or separately,” Madhav said.
The Election Commission had in November last said fresh elections in Jammu and Kashmir would be held within the next six months. The state is currently under President’s rule.
Madhav dismissed allegations that the BJP did not favour assembly polls in the state.
“There is no truth in the rumours being spread that the BJP is not in favour of early assembly polls in the state,” he said.
He claimed some other parties wanted the polls to be deferred as they feared losing.
Asked about the PDP expelling former minister Altaf Bukhari, Madhav said, “I don’t want to talk about internal matters of another political party, but I must underscore one point here that he is the same leader who was projected as the chief minister of the combined opposition when they (PDP, Congress and National Conference) were trying to form the government in the state just a couple of months ago.”
Speaking about rehabilitation of Kashmiri Pandits, Madhav said the BJP has prepared a roadmap for the community’s return and rehabilitation and it will be implemented only when the situation in the Valley turns conducive.
“We had identified land at five places in the Valley for pandit townships. But due to various reasons, it could not materialize, the biggest being the prevailing security situation in the Valley,” he said.
The BJP leader said the party was bound by its promise to Kashmiri Pandits and when the situation improves, it will take the community’s leadership into confidence and move forward.
PM to visit JK on Feb 3; BJP expects 2 lakh turnout in Jammu rally
Jammu, Jan 20: Prime Minister Narendra Modi will visit Jammu and Kashmir on February 3 to lay the foundation stone for and inaugurate various projects in all three regions of the state, BJP general secretary Ram Madhav said on Sunday.
He said Modi will lay the foundation stone for and inaugurate projects worth Rs 35,000 crore and Rs 9,000 crore in Jammu and Kashmir, respectively, during his visit.
“The prime minister is visiting the state next month and will visit Leh, Jammu and Srinagar. He will address a mega rally in Jammu in which over two lakh people are expected to turn up,” Madhav told reporters here.
He said Modi will lay the foundation stone for AIIMS, IIM, IIT, Jammu-Akhnoor road, Shahpur-Kandi road, Sunderbani College, and IIMC in Jammu during his visit.
The prime minister will also inaugurate an engineering college in Kathua and the Jammu ropeway project, he added.
Responding to a question, the BJP general secretary said, “We tried to take forward many projects being part of the previous government, like AIIMS. It was due to our efforts that we brought one AIIMS for Jammu even when in rest of the country only one AIIMS was given to each state.”
Madhav alleged that several projects were delayed due to the Peoples Democratic Party — the BJP’s coalition partner in the erstwhile state government.
“We undertook many projects like this. However, the coalition partner used to slow down the process, otherwise it could have been done earlier,” he said.
He said the BJP will continue its efforts to ensure all-round development in the three regions of the state.
The party was also making efforts to ensure reservation for the Pahari speaking people and divisional status for the region of Ladakh, Madhav said.
“We are making a demand to the governor administration to grant reservation to the Pahari people, who are mostly residing in Jammu, and the divisional status to Ladakh before the prime minister’s visit to the state,” he said.
He asked party leaders and workers to work hard for to make Modi’s visit successful.
Tribal, minority community being targeted in Jammu: Mehbooba
Srinagar, Jan 20: People’s Democratic Party (PDP) president and former chief minister, Mehbooba Mufti Sunday expressed serious concerns over the selective targeting of the tribal Muslim community in Jammu Division.
Highlighting instances of how the community is being targeted and harassed, Mehbooba, during a presser here, asked the governor’s administration to take immediate measures to restore the confidence of this vulnerable community in the system.
She said that selective eviction notices were served to 33 nomadic families in Jammu after the collapse of government and as recent as December 2018, an anti-encroachment drive against Gujjar and other marginalized Muslim families in Jammu was initiated.
All this despite existing directives issued by her as CM in February 2018, whereby no tribal community was supposed to be disturbed or dislocated till the time the state government formulated a tribal policy.
The directive had also said that if any such an eviction drive was necessary, it should be done after consulting the tribal affairs department.
Mehbooba said that Muslims of Jammu are being openly threatened by communally motivated campaign such as “Ikk Jutt Jammu Maha Adhiveshan (The Save Jammu Crusade)”.
“These drives talk about the dangers posed to the people of Jammu from the growth of Muslim colonies in and around Jammu, and how it is a concerted effort to change its demography. These are reflective of the mindset of the perpetrators of such bigotry,” she said.
“These extremist elements have created fear among fresh settlers by physically targeting individuals in isolated incidents so that they don’t plan permanent settling in Jammu. This is what they have done during the past as well,” she said.
She pointed out that that circle rates in Sunjwan Bathindi areas have been raised to 1.5 crore per kanal while as in chawadi it is 65 lakh per kanal. This, she said, has been done is a deliberate attempt to make purchase of land in areas being inhabited by Muslim in particular difficult.
“Attempts are being made to include all Muslim areas under Jammu municipality so that constructions are stopped on all non-proprietary land and without permission,” she added.
She said that PDP will do “everything to voice their concerns and highlight any bias and marginalization perpetrated by the state”.
She warned the government that giving in to communal designs is like playing with fire in an already politically fragile state.
“Any tinkering with the minorities in Jammu will have a cascading effect in Kashmir and the situation can go out of control. The governor administration must, therefore, be cautious in dealing with this matter,” she said.
Mahagathbandhan alliance of corruption, negativity: PM
Margao (Goa), Jan 20: Prime Minister Narendra Modi Sunday dismissed the Opposition’s show of unity at a rally in Kolkata as an alliance of corruption, negativity and instability, saying while those parties have “money power”, the BJP has “people’s power”.
He also said that seats in educational institutes will be increased to implement the 10 per cent general category quota.
Modi was addressing BJP’s booth-level workers from Lok Sabha constituencies of Kolhapur, Hatkanangle, Madha and Satara in Maharashtra and South Goa through video-conference.
Leaders from over a dozen opposition parties gathered in Kolkata on Saturday and vowed to put up a united fight in the coming Lok Sabha elections and oust Modi from power.
Several opposition leaders at the rally demanded the use of ballot papers instead of the electronic voting machines (EVMs) which, they said, were the source of “all sorts of malpractices”.
Modi said the Opposition was staring at a defeat in forthcoming elections and looking for excuses ahead of their impending loss and thus, were vilifying EVMs.
“You must have seen that one of the leaders who was sharing the dais recalled the Bofors scam. Truth cannot be kept hidden. The Opposition’s mahagathbandhan is an alliance of capitalists, corruption, scams, negativity and instability,” he said.
“The Opposition has ‘dhanshakti’ (money power), we have ‘janshakti’ (people’s power),” he added.
Replying on the query from a booth worker in Kolhapur, Modi said while the Opposition alliance is with political parties, “our alliance is with the dreams of 125 crore Indians and their hopes and aspirations”.
“Those who were on the dais in Kolkata were either son or daughter of a big person or who wanted to make his son or daughter big in politics,” he alleged.
Those who never believed in democracy within their parties were now talking about democracy from a public platform, he said, taking a dig at the Opposition’s rally.
He said such people do not have faith in any institution and are busy defaming constitutional authorities.
“We get worried when some groups take people for granted. They think people are fools. That is why they don’t leave any stone unturned to change their colour… I would like to repeat, this is a dangerous game for the country and a thing to worry about,” Modi commented.
“While on one hand they are busy saving or nurturing their own families, we are busy developing a nation. Our country is our family… Those who start violence against the person contesting against them even at panchayat level, are now singing songs of protecting democracy,” he said.
Modi said the Centre’s decision to provide quota to the economically weaker sections from the general category in education and government jobs has given “sleepless nights” to the Opposition.
“If our decision had no strength, then these people would not have had sleepless nights. They have to get down in the field to spread lies and rumours. This means we have done right work and worked for the country,” he said.
Seeking to allay concerns about lack of seats in educational institutes to accommodate the new quota provision, he said, “I would like to assure that we will increase 10 per cent seats in every educational institution so that despite reservation, everyone will get an opportunity.”
He said the government would ensure that no one faced injustice and that the quota for Scheduled Castes, Scheduled Tribes and Other Backward Classes remain intact.
“But with (the new) 10 per cent reservation, new opportunities have been opened up,” the PM asserted.
The government has worked rising above the political interests. “Sabka Saath, Sabka Vikas has been the focus of our style of functioning,” he said.
He said the BJP had taken such a “historic step” that if any party had to make such a move without researching the Constitution, he would have himself criticised it.
“After researching the Constitution, we made 10 per cent reservation for the economically weaker section. They (opposition) have not done anything for social injustice. When we did it, they were caught napping,” he said.
These people are still “unconscious”. When the government has taken a historical step for the larger good of people, it is natural for them to oppose, he said.
“Those who say that I took the decision keeping polls in mind, I want to ask them, when do we not have elections in the country,” the PM questioned.
He said if he had to take the decision three months ago, then people would have claimed he did it keeping in mind elections in five states.
“If I did it before, they would have said I did it for the Karnataka elections, before that they would have said I did it to get benefit in Gujarat elections,” the PM noted.
Before starting the interaction with people of Goa, Modi wished ailing Chief Minister Manohar Parrikar a speedy recovery and called him the “architect of modern Goa”.
“I would like to wish my good friend and Goa’s popular CM and architect of modern Goa, Manohar Parrikar, a speedy recovery. The way he has been working and his zeal towards work has been an inspiration for a party worker like me,” he said.
Appealing BJP workers to strengthen the booths, Modi said the party has given respect to the word ‘worker’.
“Due to earlier governments, the image of a worker was that of a ‘dalal’ (middleman). But, the image of BJP workers is that of ‘maa Bharati ke lal’ (patriots),” he added.