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The recent instances of mob lynching in the Country do not only stain the image of India, it also displays the inability and ineffectiveness of our legal system. The surge in the number of such disturbing cases has led to citizens, especially those belonging to the minority, to fret about their safety in their own land. There is little to no trust put in the protective institutions of the country due to the failure of both, the Courts and the Police Departments in curbing this shameful menace.
The most recent iteration of this grotesque saga is the lynching of a Muslim meat trader in Hapur, UP. As always, blind fanaticism coupled with violent brainlessness led by the belief that a stray animal’s life is the embodiment of god has sadly resulted in the death of this unfortunate man. What is truly paralyzing is the fact that the Apex Court of the Country, instead of taking imperative corrective action has resorted to wait for an enquiry by the Police Department; The same Police service under whose vigilant eyes these incidents emerged and thrived. The bench, consisting of Chief Justice Dipak Misra , Justice D.Y. Chandrachund and Justice A.M. Khanwilkar, delegated the responsibility of the direction to a suitable authority to aid in the recording of statements of the petitioners to the Inspector General of Police, Meerut. The petitioners, if harbouring a sense of vulnerability, were asked to approach the Police for remedy.
The advocate appearing on the behalf of the petitioners, one of whom was an eye witness who was also the recipient of mob violence, made it clear that the prosecution does not want the investigating officer to sponsor the official statements, contrary to the prior case of Jogendra Nahak v. State of Orissa in which the SC had rendered statements recorded by the magistrate without the input of the investigation agency as invalid.
As per the decision of the SC on July 17th, the Union Government has to implement Laws in order to cease the regular occurring of mob violence in the country by August 20th at the latest.
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