How the Allahabad High Court evoked Ganga-Jamuni Tehzeeb and Mahatma Gandhi to counter mob violence

The Allahabad High Court last week underscored that incidents of mob violence spread disaffection in society, were incompatible with the rule of law and had no place in any civilized nation [Nawab v. State of Uttar Pradesh]..Justice Ajay Bhanot made the observation while granting bail to a man accused in an incident of mob violence that occurred in the aftermath of election results in Uttar Pradesh. The single judge emphasised that Ganga-Jamuni Tehzeeb (fusion of Hindu-Muslim culture) embraced diversity. The order stated,"Ganga Jamuni Tehzeeb is not a ritual to be observed in conversations, infact it is a soul force to be harnessed in conduct. Ganga Jamuni Tehzeeb culture is not mere tolerance of differences, but heartful embracement of diversity. The ethos of the State of Uttar Pradesh brings out the catholicity of Indian philosophy.".In this context, Justice Bhanot also eloquently evoked the sacrifice of Mahatma Gandhi, stating,"Seakers of different paths would do well to remember the Father of the Nation. The Mahatma by the example of his life and the fact of his death, reminds us that the quest of all religions and the essence of an Indian’s Dharma is love for fellow beings. Someone's hate consumed his body, but not his love for humanity. A bullet stilled his mortal frame but could not silence the truth in him." (sic).The Court further opined that sectarian violence fractures the peace and fissures the society, and it was not merely courts that ought to deal with the problem, but all sections of society."Law and courts are not the only instruments to deal with problem. All sections of the society have to own up to their responsibilities to promote fraternity among all citizens and ensure peace.".The applicant was granted bail after the Court found that he was assigned a general and vague role in the assault, and that he had not been identified as the principal offender who caused life threatening injuries.“The nature of injuries as recorded in the medical reports establishes that there was no intent to kill or cause grievous hurt. The applicant did not behave inappropriately with any lady. Prosecution evidence does not connect the applicant with the offence,” the order recorded..In response to the judge's observations, the parties submitted that they wished to take measures to keep the peace, and restore traditional harmony and faith between all sections of the society. Pursuant to this, they offered to serve cool sherbet and water to passers-by and thirsty travellers for one week. The Court appreciated the initiative suggested by the counsel for the parties, noting,"The calling of law is a summons to public service. It is reassuring that notables of the legal profession are conscious of their public duties to promote constitutional values. Selfless service and refined dialogue will strengthen the resolve of the society to shun hate and violence."Therefore, the local police and administration were directed to ensure that appropriate arrangements were made to ensure that the activity could continue peacefully, without impediment. .Finally the Bench observed that it was the duty of all Indians to helm the nation into calm ports."Many generations of Indians gave their blood, sweat, tears and toil to wrest freedom from the shackles of slavery. The founding generations had steered the country through stormy seas; it is the duty of all Indians to helm the nation into calm ports.".Advocates Rajesh Kumar Sharma and Abhas Sharma appeared for the applicant and the State was represented by government advocate Ashok Kumar Singh..[Read Order]