Mob Justice (Mob Reaction)
- Part 3 -

Col Khulem Sorojit Singh (Retd) *

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

Hon'ble SC observed the following in many Judgements

(a) If a Criminal Court is to be an effective instrument in dispensing justice, the presiding judge must cease to be a spectator and a mere recording machine. He must become a participant in the trial by evincing intelligent active interest by putting questions to witnesses in order to ascertain the truth. The Court has wide powers and must actively participate in the trial to elicit the truth and to protect the weak and the innocent. It is the duty of a judge to discover the truth and for that purpose he may "ask any question, in any form, at any time, of any witness, or of the parties, about any fact, relevant or irrelevant".

(b) It is a useful exercise for trial judge to remain active and alert so that errors can be minimised.

(c) Application of these principles involve a delicate judicial balancing of competing interests in a criminal trial, the interests of the accused and the public and to a great extent that of the victim have to be weighed not losing sight of the public interest involved in the prosecution of persons who commit offences.

(d) The Courts have to take a participatory role in a trial. They are not expected to be tape recorders to record whatever is being stated by the witnesses. Section 311 of the Cr PC and Section 165 of the Evidence Act and also Section 172(2) of Cr PC confer vast and wide powers on Presiding Officers of Court to elicit all necessary materials by playing an active role in the evidence collecting process. They have to monitor the proceedings in aid of justice in a manner that something, which is not relevant, is not unnecessarily brought into record.

(e) Even if the prosecutor is remiss in some ways, it (the Court) can control the proceedings effectively so that ultimate objective i.e. truth is arrived at. This becomes more necessary where the Court has reasons to believe that the prosecuting agency or the prosecutor is not acting in the requisite manner. The Court cannot afford to be wishfully or pretend to be blissfully ignorant or oblivious to such serious pitfalls or dereliction of duty on the part of the prosecuting agency.

The prosecutor who does not act fairly and acts more like a counsel for the defence is a liability to the fair judicial system, and Courts could not also play into the hands of such prosecuting agency showing indifference or adopting an attitude of total aloofness.

Liberal grant of adjournments on the mere asking has to be discouraged. This will also help in checking piling up of backlogs.

The following has to be curved amongst the Judges:

(i) Lack of punctuality, laxity and lack of control over case-files and court-proceedings, attending social and other functions during working hours contribute in no small measure in causing delays in the disposal of cases.

(ii) Some judges come to courts without reading case-files, therefore, the lawyers have to spend a lot of time just to explain the facts of the case and legal point (s) involved therein. Therefore, they argue at length and all this leads to wastage of precious 'Courts Time'. There is a great need for self improvement by Judges.

(iii) For whatever is the reason Judges tend to allow the Defence Counsels to elongate the proceeding by asking numerous irrelevant questions during Cross Examination.

Judges should adequately exercise the powers conferred under Indian Evidence Act (Section 136 - ...... The Judge may ask the party proposing to give evidence in what manner the alleged fact, if proved, would be relevant; .....if the judge thinks the alleged fact would be relevant only then the evidence will be admitted and Section 145 – 152.

These Sections deal with questions which can be put during Cross Examination of the witness specially to (1) test his veracity (2) his position in life (3) shake his credibility. This to a great extent will be of help in speedy trial.

While pronouncing a judgement, courts must be directed to gives reasons why and how the conclusion of the matter got delayed and who was responsible for it – the police, prosecution, the accused or any other person. If anyone is not honestly and diligently pursuing the case, his or her responsibility should be fixed and the High Court must make observation proposing action against them if any.

Role of Society in Crime Prevention

Let us for a moment assume that the lost faith amongst the Public in the country's criminal justice system has been restored after all possible remedial measures. The above stated steps involved in criminal justice system starts only after a crime has been committed. So, how do we prevent or at least reduce crime?

Here we have to re-visit the old fable "Donkey and Dog of the Dhobi". The dog kept on sleeping when a thief came, seeing the situation the donkey brayed loudly to warn his master but the donkey was beaten up for disturbing at night. The lesson dished out then "Don't do others duty". Did the donkey have a bad intention? Or was it a faulty philosophy of the past? From this philosophy we see the donkey's act as vigilante-ism or Mob Justice.

As a continuation of this let us ask ourselves the following

There are numerous schools, colleges and teachers, we even have Education Department and Education Minister. Will it be correct to assume that parents have no role in the education of their children?

We have doctors, specialists and Super Specialists, Hospitals at various levels and diagnostic centres with latest technologies. Should we stop immunisation programmes, polio prevention programmes, Swachh Bharat Mission etc?

If we say yes to these questions let the old Dictum prevail and let us not rack our brain.

What is fever? An elevated body temperature (fever) is one of the ways our immune system attempts to combat an infection. Usually the rise in body temperature helps the individual resolve an infection. However, sometimes it may rise too high, in which case the fever can be serious and lead to complications. Infection, often the first step, occurs when bacteria, viruses or other microbes that cause disease enter your body and begin to multiply.

Physicians say that as long as the fever is mild, we do not generally need to try and bring it down - if the fever is not severe it is probably having an effect in neutralizing the bacterium or virus that is causing the infection. Medications to bring down a fever are called antipyretics. If the fever is causing undue discomfort, an antipyretic may be recommended. US and UK doctors say that when the fever reaches or exceeds 38ºC (100.4ºF) it is no longer mild and should be checked.

Similarly in any organised society which follows social norms you will notice a social reaction whenever any abnormal incident happens in that society. I feel such a social or public reaction in that situation is for the protection and preservation of that society and should be considered like that of fever in human body however, when the reaction becomes intense and violent such a reaction may be compared to a Mob Reaction (so called Mob Justice in the present day). This has certain bad implications like in high fever and need to be controlled.

What we have to understand is – if you don't have a strong immune system, your body will often fall prey to infections and suffer from diseases like in the case of HIV/AIDS patients. Similarly should we not develop good immune system in our Society which we may call "Good social ethics or conduct if we want to prevent/reduce crimes in the society?

Over cautious, protective and caring parents unknowingly prevent development of immune system in their children besides making their children dependent and unconfident. I feel the Government should ponder and devise policies to tape this inherent potential in the society to prevent crime and improve National Security (both from internal and external threats). The concepts of "Neighbourhood Watch" of the US and "Forum for Awareness on National Security (FANS)" in India (though nothing on its modalities is available at the moment) could be studied.

Human immune system exists in human body and social immune system has to exist in the society. As Medical/ Health Department and people in this field works for increasing Human immune system, the Government, Law Makers and Civil Society Organisations (CSOs) should work for increasing 'Social Immune System'.

I feel instead of advocating "Don't take law in your hand" we should frame law to allow participation of the people in controlling crimes and improve tranquillity in our Society and the State/Nation as a whole. If such a policy or legislation is to be brought about a thorough deliberation regarding causes (including the catalyst to crime and mob reaction), effects (including judge-mental behaviours and probable manipulations of situation), limit of participation and implementation by the Society etc has to be under gone.

"Culture is what we allow and tolerate". Culture starts with what we allow. Culture grows with what we encourage and a practice what we don't allow and discouraged will go away. What are we allowing to happen in our business/Society? What are we tolerating? What are we encouraging? These issues need to be analysed by our Society (including people in power and politics).

Concluded...