THE PROPENSITY OF SETTLING DISPUTES IN STREETS IS NOT IN CONSONANCE WITH THE “RULE OF LAW” SAYS HIMACHAL PRADESH HIGH COURT

Justice Vivek Singh Thakur of the Himachal Pradesh High Court refused the plea of Anticipatory bail of the accused who were allegedly involved in a street fight that caused major injuries to the complainants. Complaints were filed against the accused by some complainants. The honorable Court denied the request of Anticipatory bail stating that the ‘incident is likely to percolate as a communal issue.’ The court stated that none of the accused, except one named Khalid, will be entitled to the Anticipatory bail. 

Alluding to the CCTV Film placed on record, the Court noticed that the incident occurred in the day time when two persons started beating each other before a large group of people and also gathered other assailants through mobile phone calls. In addition, some people have also actively participated in the fight from the mass gathering while others were either silently supporting or viewing the fight as silent spectators. The Court also observed from the footage record that people who came to save and rescue the victims were also beaten on the spot and the other victims who somehow managed to escape the scene were also chased and beaten along with others who came to rescue them.  

The Court stated that “Such incidents are blur on the civilized society. Even if, there was a grudge against the victims, assailants would not have taken law in their hands, but should have reported to the appropriate authority or their elders so as to resolve the issue. Tendency to settle dispute in the street is contrary to the aim of establishment of ‘Rule of Law’ and to form a civilized society. The means and manner to settle the dispute in present case, are definitely highly depricable.” 

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