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Nobody has right to become self-appointed guardian of law: Supreme Court on mob violence

The verdict has come on a plea filed by Kodungallur Film Society which had highlighted the serious law and order problem that had arisen before the release of controversial movie 'Padmaavat'.

Published: 01st October 2018 12:05 PM  |   Last Updated: 02nd October 2018 05:32 AM   |  A+A-

Members of Rajput community tearing a poster of film ‘Padmavati’ during a protest in Hyderabad. | Sathya Keerthi

By Express News Service

NEW DELHI: The Supreme Court on Monday said nobody had the right to become a self-appointed guardian of law as mob violence runs against the very core of legal principles, signalling chaos and lawlessness.

Stressing that the State had a duty to protect the citizens, the court passed a slew of directions to curb incidents of violent protests and demonstrations by private entities, targeting exhibition of movies, social functions and sections of people on moral grounds.

A Bench headed by Chief Justice Dipak Misra said the court was conscious that the purpose of crimes committed by groups of “self-appointed keepers of public morality” was to exercise unlawful power of authority.

The verdict came on a plea filed by Kodungallur Film Society which had highlighted the serious law and order problem that had arisen before the release of controversial movie Padmaavat.

The Bench said the states must step in and perform their duty by taking measures to prevent such acts in the first place, and ensure that law enforcement agencies exercise their power to bring the guilty to book.

“Nobody has the right to become a self-appointed guardian of the law and forcibly administer his or her own interpretation of the law on others, especially not with violent means,” the Bench ruled.

The bench further said, "Mob violence runs against the very core of our established legal principles since it signals chaos and lawlessness and the State has a duty to protect its citizens against the illegal and reprehensible acts of such groups".

It also noted the submissions of Attorney General K K Venugopal who had unequivocally said that violent protests leading to loss of life and damage to public and private properties were against the spirit of democracy and had told the court that an amendment in the law was in the offing to deal with such offences.

"In addition to being patently illegal and unlawful, such acts of violence highlight a deeper malaise, one of intolerance towards others' views which then results in attempts to suppress alternate view points, artistic integrity and the freedom of speech and expression guaranteed by the Constitution of India," the bench said.

It added: "Indeed, the people who perpetrate such actions, especially against private parties, do so without fear of consequence and reprisal, probably believing that private parties do not have the wherewithal to hold them accountable for such actions."

Regarding the amendment in the Prevention of Damage to Public Property Act, the bench said it would not comment on the efficacy of the proposed legislative changes and said it would keep the issue open to be decided in appropriate proceedings.

It said: "A comprehensive structure will have to be evolved in the respective states so that the issues of accountability and efficiency in curbing incidents of peaceful protests turning into mob violence, causing damage to property including investigation, remedial and punitive measures, are duly addressed".

The bench referred to its directions passed in cases related to cow vigilantism, mob violence and instances of honour killings and said that all those measures have to be followed by the states to ensure that no such incidents take place.

The verdict also took note of its 2009 judgement in which various directions were passed after taking cognisance of various incidents of large scale destruction of public and private properties in the name of "agitations, bandhs and hartals".

It said that additional responsibilities would be fastened upon the nodal officers who have been appointed in pursuance of the earlier verdict in the mob violence case.

Now, these nodal officers would also be responsible for creating and maintaining a list of cultural establishments, including theatres, cinema halls, music venues, performance halls and centres and art galleries within the district, and pin point such vulnerable establishments which have been attacked/damaged by mob over the past five years.

"The person/persons who has/have initiated, promoted, instigated or any way caused to occur any act of violence against cultural programmes or which results in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence," the bench said, adding that states would have to also set up helpline numbers in this regard.

It said that these measures have to implemented by the Centre and states governments expeditiously within a period of eight weeks.

The bench also said that when any act of violence results in damage to property, the concerned police officials should file FIRs and complete the investigation as far as possible within the statutory period and submit a report in that regard.

Nodal officers

Nodal officers will be responsible for maintaining a list of cultural establish-ments and pinpoint such vulnerable ones which have been attacked/damaged by mobs over past five years.

(With PTI inputs)



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