NEW DELHI: Ensuring peace and harmony is the most sacred duty of not only the law enforcement agencies and courts but citizens also have the duty to ensure that their acts do not instigate and promote communal hatred or ill-will, the Delhi High Court has said.
Justice Swarana Kanta Sharma, while refusing anticipatory bail to a person in a case concerning the communal clashes in Jahangirpuri, stated that all citizens have the fundamental right to personal liberty but the same is subject to duties that are cast upon them.
The court opined that the present accused, who allegedly attempted to disturb the communal harmony of the area by trying to create a rift between two communities, did not cooperate with the investigation and was thus not entitled to anticipatory bail or claim infringement of his fundamental right guaranteed under Article 21 of the Indian Constitution. Violent clashes broke out in Delhi’s Jahangirpuri on April 16 between two groups during a Hanuman Jayanti procession that left eight police personnel and a civilian injured.
The court noted that there were grave allegations against the accused that deeply scar the communal fabric of the society and it was a ‘strange paradox’ that in spite of claiming to be the area in charge of the ‘Aman (peace) Committee’, the accused did not join investigation for offences which defeated the purpose of the committee.
“Ensuring peace in the country is the most sacred duty of not only the law enforcing agencies and the courts but duty has been cast on every citizen of this country that they should maintain peace and ensure that their acts do not instigate and promote communal hatred,” said the court.
The court noted that the applicant was named by one of the eyewitnesses as one of the perpetrators involved in the riots and incriminating material used in the riots has been recovered from the terrace of his house and the investigation cannot be allowed to be thwarted by such accused.