‘Mobocracy’ cannot be allowed to overrun law of land: Apex Court on vigilantism

New Delhi: ‘Horrendous acts of mobocracy’ cannot be allowed to overrun the law of the land, the Supreme Court on Tuesday 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” 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 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 AM Khanwilkar and DY 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. (PTI)