On May 25, 2022, the Allahabad High Court, in the case of Nawab v. State of Uttar Pradesh, pressed upon the fact that incidents of mob violence spread disaffection in the society. The Court was of the opinion that such incidents were incompatible with the rule of law and had no place in any civilized nation, reported BarandBench.
The court said, “Sectarian violence fractures the peace, and fissures the society. All sections of the society have to own up to their responsibilities to promote fraternity among all citizens and ensure peace.”
With respect to the mob violence held in the aftermath of election results in Uttar Pradesh, the High Court’s single-judge bench comprising Justice Ajay Bhanot made some remarks on maintaining Hindu-Muslim harmony. Before making any such remarks, Justice Bhanot said in his order, “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. Legal dialogues in courts can also help in arresting aberrational tendencies in the society."
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.”
Speaking about Mahatma Gandhi, the court said, “Speakers 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.”
Interestingly, the learned counsels on both sides submitted that the respective parties seek to take measures to keep the peace and restore the traditional harmony and faith between all sections of the society. They submitted that the respective parties would serve cool Sherbet and water to passers-by and thirsty travellers for one week at a public place in District Hapur at a date and time of their choosing in May-June 2022.
Justice Bhanot concluded the order by quoting poet Pradeep and stated that many generations of Indians have given their blood, sweat, tears and toil to wrest freedom from the shackles of slavery. He claimed that the founding generations had steered the country through stormy seas and therefore, it is the duty of all Indians to helm the nation into calm ports.
A copy of the order may be read here:
