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The Allahabad High Court recently granted bail to one Nawab, an accused in a mob violence case. Passing the order, Justice Ajay Bhanot stated that incidents of mob violence spread disaffection in the society and are incompatible with the rule of law, and have no place in any civilized nation.

Noting that the prosecution counsel could not satisfactorily dispute the submission of Nawab's counsel that he was not the principal offender in the case and only a general and vague role had been assigned to him, Justice Bhanot granted Nawab bail. However, he noted, 

" Sectarian violence fractures the peace, and fissures the society. Politics is indispensable for democracy. But politics cannot monopolize dialogue. Law and courts are not the only instruments to deal with problems. All sections of the society have to own up to their responsibilities to promote fraternity among all citizens and ensure peace."

Justice Bhanot further stressed the significance of the observation made by the court apart from the operative part of the judgment stating that legal dialogues in courts can also help in arresting aberrational tendencies in society.

"Ordinarily the order should end here. However, I recall the words of Chief Justice Roberts of the U.S. Supreme Court (that) when judges render their judgements through written opinions that explain their reasoning they advance public understanding of the law....Discourse in courts which reflects on social ills and legal challenges is also a reservoir of alternative thought, and may become a catalyst of positive change," he said. 

Noting thus, Justice Bhanot highlighted how the State of Uttar Pradesh endorses Ganga Jamuni Tehzeeb and holds no place for acts like mob violence. 

"Ganga Jamuni Tehzeeb is not a ritual to be observed in conversations, in fact 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," he observed.

He further emphasised that independence did not come for free to India and the founding generations sacrificed their everything to keep India intact and free of internal disturbance, which must be avoided at all costs. 

"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, " he observed. 

Case Title: Nawab v. State of U.P.