Mob Justice (Mob Reaction)
- Part 1 -

Col Khulem Sorojit Singh (Retd) *

Police rounded up suspects on Satyabhama's killing and mob reaction on April 09 2013 :: Pix - Deepak Oinam

[The purpose of this article is to start a public discussion on the causes, consequences and remedies of Mob Justice]

Mob Justice has become a common trend in Manipur as and when a heinous crime is committed especially in case of murder or rape. Despite Many Ministers and learned people appealing to the public to refrain from Mob Justice, it is on the raise. This present trend/culture of Mob Justice is a serious concern at the moment and needs proper analysis and remedial actions to check the trend/culture.

"Mob Justice" is the new (modern) name of Vigilante-ism. Vigilante - a person who tries in an unofficial way to prevent crime, or to catch and punish someone who has committed a crime, especially because they do not think that official organizations, such as the police, are controlling crime effectively. Vigilantes usually join together to form groups. (Cambridge Advanced Learner's Dictionary & Thesaurus)

A member of a self-appointed group of citizens who undertake law enforcement in their community without legal authority, typically because the legal agencies are thought to be inadequate. – ( Oxford Advanced Learner's Dictionary)

The Actors in Mob Justice and Vigilante-ism have the same intention – to prevent crime and befitting punishment to the criminal. They are considered illegal because every Government has established system in the form of Police and Judiciary, manned by personnel authorised and paid by the Government from public money. They resort to such an act because the legal agencies are thought to be inadequate and non-effective.

In other word they resort to these acts because of lost of faith in the justice delivery system. However, there are two differences between Mob Justice and Vigilante-ism.
(1) In Vigilante-ism the Actors are identifiable and in Mob Justice the Actor is a "Mob" (a large crowd of people, especially one that is disorderly and intent on causing trouble or violence and Mob is charged with a sense of emotional excitement, which can lead to the provocation of behaviours that a person would not typically engage in if alone.).
(2) Mob justice is triggered by a crime where as Vigilante group are on the look out to tackle criminals.

The reason for Mob Justice has been explained in the statement of Shri Gurbachan Jagat, then Governor of Manipur in his speech as the Chief Guest at the closing function of the year-long diamond jubilee celebration of All Manipur Bar Association (AMBA) at Cheirap Court complex in September 2012. "Around 1966, punishment rate of criminals was high but these days punishment of criminals does not reach even 8 per cent.

On account of laxity during police investigation and rising trend of graft (the use of illegal or unfair methods, specially Bribery, to gain advantage in business, politics, etc) practices, public do not have much faith in the country's criminal justice system.

As a result, people often resort to violence such as ransacking and vandalising homes and properties of suspected criminals in front of police.

The State should pay special attention to this mob culture for it is the duty of the State to protect life and properties of citizens"

The increasing frequency of Mob Justice or the present trend of Mob Justice Culture can be attributed to the visible 'loss of faith in criminal justice system'. The State Government should look into the causes of Mob Justice and initiate remedial measures rather than just advocating "Mob Justice is wrong".

The laid down steps (legal procedure) in handling a criminal act after it has been committed are as under:

(a) Register FIR (First Information Report) at the concerned Police Station.
(b) Investigation of the Case by an IO (may include arrest of the accused if required)
(c) Preparation of Charge Sheet
(d) Submission of Charge Sheet to the concerned Court
(e) Framing of Charge by the Court
(f) Commencement of Trial (to determine the guilt or innocence of the accused person)
What is the desire/expectation of the affected victim's family and the society after a heinous crime has been committed? Their desire/expectation simply will as under:
(a) For the victim's family – speedy and befitting punishment for crime committed and appropriate remedies.( Retribution and Restitution)
(b) For the Society – immediate removal of such criminal elements from the society and appropriate action to discourage recurrence of such crime.( Incapacitation, societal protection and Deterrence)

In most of the cases it has been observed that there is inordinate delay at every stage in our criminal justice delivery system. Delayed justice means uncertainty of remedy even in cases where there are definite remedies available under the enacted laws. In other words the purpose of action is frustrated if one is not sure about remedy within a reasonable time.

If it is so it will cause DISREGARD to legal system and no faith in the ADMINISTRATION OF JUSTICE by Government consequently unrecognized and unprecedented criminal force may be utilized even to assure civil remedies, the unauthorized process adopted may be quicker than established legal system of courts.

Secondly delayed criminal justice will encourage wrong doer to take chance of escape and ensure fruitful results of their wrongful actions. The opponent who is comparatively weaker will either compromise in terms dictated by the wrong doer or will lose all remedies. This situation will be a challenge not only to citizens but also to Government of STATE as the government also possessed huge wealth and property; On the other hand the concept of WELFARE STATE will come to an end, causing a state of chaos and lawlessness and the people will look beyond the existing system of government and law courts for remedy.

Democracy is, in the ultimate analysis, a fragile virtue and its success depends on the faith of the citizenry in the rule of law. Democracy perishes when disgruntled citizens turn to demagogic dictators who promise justice. People have almost lost all faith in the system and if this trend is not reversed, it will bring down the curtain on the rule of law, and in time, on Indian democracy itself. - Harish Salve

As per the Indian law in vogue the statutory period for submission of Charge Sheet is 90 days and 180 days (Six months) in Manipur, still the investigating agencies (in most of the cases State Police) fail to submit Charge Sheet in time resulting in release of the accused on bail which create a situation of insecurity in the society specially the witnesses and tampering with evidence etc.

Why such delay in completing investigation and submitting Charge Sheet?

Is it because of ill trained IOs? Is it lack of supervision and monitoring during investigation?

Is it the laxity in general? Is it because of the prevailing graft practices? Is it because of other assignments and immobility of the IOs? Is it interference from the higher hierarchy because of corruption/vested interest of personnel in the higher hierarchy or nexus between the accused and personnel in the higher hierarchy?

To be continued...