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The Himachal Pradesh HC in a recent judgment remarked that the Tendency to settle the dispute in the street is contrary to the aim of establishment of 'Rule of Law' and to form a civilized society.
It was observed by Justice Vivek Singh Thakur while considering anticipatory bail pleas of persons who were allegedly involved in a street fight which resulted in serious injury to the complainants. Some of the complaints have been lodged against the accused. The court rejected the plea expressing that the incident is probable to percolate as a communal issue.
Alluding to the CCTV footage placed on record, the Court noted that the incident had taken place in broad daylight, where two persons were beaten in presence of mass gathering by calling other assailants through phone call and out of that mass gathering some persons were actively participating in the fight and some persons were silently either supporting or viewing the incident as some appeared to be silent onlookers. The persons who came to rescue the victims, were also beaten on the stop, and victims who were trying to run from the spot were also chased and beaten along with those, who came to rescue them, it said.
The Court observed:
"Such incidents are a blur on civilized society. Even if, there was a grudge against the victims, assailants would not have taken law in their hands but should have reported to the appropriate authority or their elders so as to resolve the issue. The tendency to settle the dispute in the street is contrary to the aim of the establishment of 'Rule of Law' and to form a civilized society. The means and manner to resolve the dispute in the present case, are definitely highly depricable."
The court said that anticipatory bail will not be provided to the accused, except one of them named Khalid.
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