TABLE OF CONTENTS

 Introduction

1. Mob justice : Meaning

2. Mob justice in India : An overview
3. Mob justice in various legal system of the world
4. Mob justice in India
5. Conclusion, Criticism & Suggestion

 Bibliography
INTRODUCTION

Jungle justice or mob justice is a form of public extrajudicial killings in Sub-Saharan Africa,
most notably Nigeria and Cameroon, where an alleged criminal is humiliated, beaten or
summarily executed by a crowd or vigilantes. Treatments can vary from a "muddy
treatment", where the perceived perpetrator is made to roll in mud for hours to severe
beatings followed by neck lacing. This form of street justice occurs where a dysfunctional
and corrupt judiciary system and law enforcement have "lost all credibility. European
principles of justice have likewise become discredited.1

India has an adversarial criminal justice system in which an accused or offender is presumed
innocent until proven guilty by a court of competent jurisdiction. Through the practice of
mob justice, victims are denied a fundamental right to a fair trial. Article 10 of the Universal
Declaration of Human Rights stipulates about the right to fair trial. Also article 11 of the
Universal Declaration of Human Rights specified about the right to stand innocent of a crime
before being proved guilty. Sometimes mob justice deprives the victims’ rights to live. The
constitution of India has clearly states in Article 21 that “no person shall be deprived of his or
her personal liberty except according to procedure established by law”. Articles 3 and 5 of
Universal Declaration of Human Rights and Articles 6 and 7 of International Covenant on
Civil and Political Rights guarantee individuals the right to life, liberty, dignity and security
of person. Inherent in these articles is that no one should be subjected torture or to cruel,
inhuman or degrading treatment or punishment.2

1
Cameroon's predicament, Peter Tse Angwafo, p 119
2
Human Security and the Problem of Jungle (Mob) Justice in Cameroon, Samah,
AIMS AND OBJECTIVES

The Aims and Objectives of this project are:

1. To study the laws relating mob justice.

2. To study the applicability of the law.

3. To Compare the Indian law with laws of other nations.

HYPOTHESIS

The researcher presumes that :-

1. Mob justice is illegal.

2. Mob justice there is no illegal procedure.

RESEARCH METHODOLOGY

This project is based mainly and heavily on written text material. It is based on the doctrinal
method of research. The segments are structured and written actively. The writing style is
descriptive as well as analytical. This project has been done after a thorough research based
upon intrinsic and extrinsic aspect of the assigned topic. The doctrinal method in this research
paper refers to various books, articles, news paper, magazine, Dictionary and political review.
In this research paper, the researcher will only use Doctrinal method.

SOURCES OF DATA

The researcher will be relying on both primary and secondary sources to complete the
project.

1. Primary Sources : Books.

2. Secondary Sources :Material available on the internet.

TENTATIVE CHAPTERIZATION

1. Mob justice : Meaning

2. Mob justice in India : An overview
3. Mob justice in various legal system of the world
4. Judiciary on mob- justice in India
5. Conclusion, criticism and suggestion

LIMITATIONS OF THE PROJECT

The researcher has territorial and monetary limitations in completing the project at hand
moreover, taking the time into consideration, the researcher has to rely upon the doctrinal
method of research.
 1. Mob justice : Meaning
Mob violence, also referred to as “Mob Justice” highlights a striking paradox – it
approves the dispensation of justice by people, who usurp the authorities of
constitutionally delegated bodies and apply a process they define as speedy. It can take
various forms; ranging from arson, beating, chasing away suspected criminals, lynching,
destroying properties and even attacking family members of suspected criminals. When
people take law into their own hands to lynch wrongdoers, they render the offences,
however trivial, a capital offence, for which they appoint themselves accuser, prosecutor,
judge and executioner all at the same time. In the last decade, mob justice has become
rampant in our Manipuri society. Suspected criminals are beaten and many a time killed
and properties destroyed which do not correspond with the crime committed. Damaging
hospital properties and disrupting health services by mob consisting of relatives after the
death of a patient are current trends in Manipur. Even accused are beaten outside court by
mob when they are produced for trial. Protestors usually turn into vigilante mobs with
ready justifications for burning of vehicles and public buildings during political
agitation.3 But whenever such acts are visited on individuals, it heightens a dangerous
phenomenon that suppresses the constitutional requirement of due process and further
weakens the sanctity of laws that regulate human conduct.

3
https://www.thefreedictionary.com/Mob+justice
 2. Mob justice in India : An overview

India has an adversarial criminal justice system in which an accused or offender is

presumed innocent until proven guilty by a court of competent jurisdiction. Through the
practice of mob justice, victims are denied a fundamental right to a fair trial. Article 10 of
the Universal Declaration of Human Rights stipulates about the right to fair trial. Also
article 11 of the Universal Declaration of Human Rights specified about the right to stand
innocent of a crime before being proved guilty. Sometimes mob justice deprives the
victims’ rights to live. The constitution of India has clearly states in Article 21 that “no
person shall be deprived of his or her personal liberty except according to procedure
established by law”. Articles 3 and 5 of Universal Declaration of Human Rights and
Articles 6 and 7 of International Covenant on Civil and Political Rights guarantee
individuals the right to life, liberty, dignity and security of person. Inherent in these
articles is that no one should be subjected torture or to cruel, inhuman or degrading
treatment or punishment.4

Over and above the entire state is marked by a culture of impunity and lawlessness.
Armed forces are empowered under the Armed Forces Special Powers Act, 1958 to shoot,
arrest, and destroy properties on mere suspicion without following the due process of law
or rule of law. AFSPA has resulted in fake encounters, rapes, torture, extra-judicial
killings and disappearances in Manipur. There are about 1500 cases of reported extra-
judicial killings in the state. Such situations can be considered as a threat for the
enjoyment of human rights and fundamental freedoms, because separation of powers,
right to a fair trial and accountability are no longer respected. So called civil society,
frontal organization and various other moral policing groups operative in the state are so
empowered to give instant justice by taking laws in to their hands. There was a time
people usually approach to the armed insurgents to resolve their dispute over another
keeping aside the state judiciary where these non-state actors delivered their so called
justice under what they termed various courts like Kangaroo court, People’s court. It is
the fact that rule of law or due process of law is not strictly followed in the state.

4
https://www.bbc.com/news/world-asia-india-43165745
In our society mob violence is considered a deviant behavior but not necessarily a crime.
By inference, this might account the reasons why many perpetrators of mob attacks go
unpunished and the menace reoccurs. The menace of mob violence has assumed such
alarming proportions in the state that government, policy makers, human rights defenders
group and intellectual need to think about the disastrous consequences of mob violence.
Although the criminal code of India is silent on mob violence as a crime, a person or
group of persons involved in mob attacks may be arrested and prosecuted for the resultant
effect of their actions. What this means is that when the action of a mob results in any
offence stated in the criminal code, the perpetrator(s) can be charged in a court.
 3. Mob justice in various legal system of the world

Lynching in the United States

Lynching is the practice of murder by a group of people by extrajudicial action. Lynching in

the United States rose in number after the American Civil War in the late 1800s, following
the emancipation of slaves; they declined in the 1920s but have continued to take place into
the 21st century. Most lynchings were of African-American men in the South, but women
were also lynched, and white lynchings of blacks occurred in Midwestern and Border States,
especially during the 20th-century Great Migration of blacks out of the South. The purpose
was to enforce white supremacy and intimidate blacks through racial terrorism. On a per
capita basis lynchings were also common in California and the Old West, especially of
Latinos, although they represented less than 10% of the national total. Native Americans and
Asian Americans were also lynched.5 Other ethnicities, including Finnish-Americans, Jewish-
Americans, German-Americans and Italian-Americans6 were also lynched occasionally.

The stereotype of a lynching is a hanging, because hangings are what crowds of people saw,
and are also easy to photograph. Some hangings were professionally photographed and sold
as postcards, which were popular souvenirs in some parts of the U.S. Victims were also killed
by mobs in a variety of other ways: shot repeatedly, burned alive, forced to jump off a bridge,
dragged behind cars, and the like. Sometimes they were tortured as well, with body parts
sometimes removed and sold as souvenirs. 7 Occasionally lynchings were not fatal (see
Lynching survivors in the United States). A "mock" lynching, putting the rope around the
neck of someone suspected of concealing information, might be used to compel
"confessions".

5
Gonzales-Day, Ken (2006). Lynching in the West, 1850–1935. Durham, NC: Duke University
Press.
6
Blakemore, Erin. "The Grisly Story of America's Largest Lynching". HISTORY.
Retrieved January 13, 2019.
7
"An Obsessive Quest to Make People See". Los Angeles Times, August 27, 2000; Retrieved August 14, 2017
According to the Tuskegee Institute, 4,743 people were lynched between 1882 and 1968 in
the United States, including 3,446 African Americans and 1,297 whites. More than 73
percent of lynchings in the post-Civil War period occurred in the Southern states. According
to the Equal Justice Initiative, 4,084 African-Americans were lynched between 1877 and
1950 in the South.8

Lynchings were most frequent from 1890 to the 1920s, with a peak in 1892. Lynchings were
often large mob actions, attended by hundreds or thousands of watchers. As in the case of Ell
Parsons, they were sometimes announced in advance in newspapers and in one instance (Fred
Rochelle) with a special train. However, in the later 20th century lynchings became more
secretive, and were conducted by smaller groups of people.

According to Michael Pfeifer, the prevalence of lynching in post bellum America reflects
lack of confidence in the "due process" judicial system. He links the decline in lynching in
the early twentieth century with "the advent of the modern death penalty": "legislators
renovated the death penalty...out of direct concern for the alternative of mob violence". He
also cites "the modern, racialized excesses of urban police forces in the twentieth century and
after" as having characteristics of lynching. "More black people [were] killed by cops in 2015
than were lynched in the worst year of Jim Crow."9

On April 26, 2018, in Montgomery, Alabama, The National Memorial for Peace and Justice
opened. Founded by the Equal Justice Initiative of that city, it is the first large memorial to
document lynchings of African Americans in the United States.

8
Lynching in America: Confronting the Legacy of Racial Terror (Report) (3rd ed.). Montgomery, Alabama: Equal
Justice Initiative. 2017. Archived from the original
9
"More Black People Killed By Cops In 2015 Than Were Lynched In The Worst Year Of Jim Crow". African
Globe. July 8, 2018. Retrieved November 6, 2018.
Lynching In Pakistan

Lynching of Mashal Khan

Mashal Khan was a Pashtun and Muslim student at the Abdul Wali Khan University Mardan,
Pakistan who was killed by an angry mob in the premises of the university on 13 April 2017,
over fake allegations of posting blasphemous content online.10 Following investigations, the
Inspector General Police later stated "We did not find any concrete evidence under which [a
blasphemy] investigation or legal action can be launched against Mashal, Abdullah or
Zubair". Mashal's friend Abdullah stated to the police in writing that both Mashal and
Abdullah were devout Muslims, but were actively denouncing mismanagement by the
university and had previously led protests against it. Following the death of Khan, at least 45
people were arrested. The suspects will be presented to the Anti Terrorism Court of Pakistan.

Initial Investigation

According to police investigations, Mashal Khan had not carried out any blasphemous action.
The Inspector General Police stated "We did not find any concrete evidence under which an
investigation or legal action can be launched against Mashal, Abdullah or Zubair".11

According to Abdullah, the AWK University's administration summoned him to the Mass
Communications chairman's office, where they pressured him into accusing Mashal of
blasphemy. When Abdullah refused as "Neither Mashal nor I had committed any
blasphemy", the administration issued the online notification, then went to punish Abdullah
by beating and Mashal by lynching.

According to the testimony of one of the prime accused, Wajahat Ullah, collected by the
police, 15 to 20 persons were at the office of the chairman discussing the three students'
controversial views when he was called over by fellow student Mudassar Bashir, the

10
"'Skull caved in': Pakistani journalism student beaten to death for 'blasphemy' (GRAPHIC VIDEO)". RT
International. Retrieved 15 April 2017.
11
Bangash, Anwar (17 April 2017), IG says no evidence against Mashal, his friends
representative of the class.12 Lecturers Ziaullah Hamdard and Pir Asfandyar, clerks Anees,
Saeed and Idrees, and superintendent Arshad were present and summoned him on the issue.
Class representative Mudassar Bashir asked him to become a witness of the alleged
blasphemy, while clerk Idrees repeated his opposition to having a communist in AWK
University. The proposition of creating a committee of inquiry was opposed by clerk Idrees
and class leader Bashir, while security in-charge Bilal Bakhsh declared his will to handle the
issue quickly, occasionally stating his will to kill the student. The group processed toward
Mashal's hostel, calling for bystanders to join and turning the expedition into an angry
punitive mob.

Government

Prime Minister Nawaz Sharif issued a condemnation of the lynching of Khan, saying that "I
am shocked and saddened by the senseless display of mob justice that resulted in the murder
of a young student, Mashal Khan, at Wali Khan University, Mardan. The nation should stand
united to condemn this crime and to promote tolerance and rule of law in the society." He
directed the police to arrest those who were responsible and ordered action against them.

Members of the National Assembly of Pakistan passed a unanimous resolution to condemn

the murder of Khan.13

Members of the Senate of Pakistan condemned the murder and suggested amending the
blasphemy law to punish those who make false blasphemy accusations against others.

Members of the Provincial Assembly of Balochistan condemned the murder of Khan.14

12
Ali, Arshad (2017), Mardan University security incharge incited mob to murder Mashal: prime accused
13
Bilal, Muhammad (18 April 2017). "NA unanimously condemns Mashal's murder". DAWN.COM. Retrieved 18
April 2017.
14
Correspondent, The Newspaper's Staff (18 April 2017). "Balochistan Assembly condemns Mashal's murder".
DAWN.COM. Retrieved 18 April 2017.
 4. Judiciary on mob- justice in India

Case:-2015 Dadri mob lynching

The 2015 Dadri mob lynching refers to case of mob lynching in which a mob of villagers
attacked the home of a Muslim man Mohammed Akhlaq, with sticks and bricks, who they
suspected of stealing and slaughtering a cow calf, on the night of 28 September 2015 in
Bisara village near Dadri, Uttar Pradesh, India. 52-year-old Mohammad Akhlaq Saifi (Ikhlaq
according to some sources) died in the attack, and his son, 22-year-old Danish, was seriously
injured. Later an Indian court found prima facie evidence of meat that may be either mutton
or beef, and ordered registration of a first information report against the slain Mohammed
Akhlaq.15 The government's inquiry concluded that he was not storing beef for consumption.

Reason

On 28 September 2015 evening, one of Ikhlaq's neighbors accused him of stealing and
slaughtering his missing calf[citation needed]. Soon a crowd gathered and insisted on
searching the house of Ikhlaq for traces of slaughter. This was refused by family of suspect.
Soon things took an ugly turn when two boys used the local temple's public address system
and announced that the family of Mohammad Akhlaq had killed the cow calf and consumed
its meat on Eid-ul-Adha. Cows are sacred in Hinduism and in most Indian states killing them
is unlawful, including the one where this incident took place.Later, the police said that this
was the cause of the outrage of citizens.16

15
"Indian man lynched over beef rumours". BBC News. 30 September 2015. Retrieved 4 October 2015.
16
"Cattle Slaughter in India". Wikipedia. 21 February 2017. Retrieved 21 February 2017.
Attack

Mob carrying sticks arrived at Mohammad Akhlaq's house at around 10:30pm. The family
had finished dinner and were about to go to sleep. Akhlaq and his son Danish were already
asleep. The mob woke them and accused them of consuming beef. They found some meat in
the refrigerator and seized it, but the family insisted it was mutton. The mob dragged the
entire family outside and Akhlaq and Danish were repeatedly kicked, hit with bricks and
stabbed. The family's neighbours tried to stop the mob but were not able to. The police were
called and arrived an hour later. By then, Akhlaq was dead and Danish was badly injured.17

The family had been living in the village for about the 70 years. The family consisted of
Akhlaq, 52; his brother Jan Mohammad Saifi, 42; mother Asgari Begum, 82; wife Ikram; son
Danish, 22; and daughter Sajida.[3][13][14] Akhlaq's elder son, Mohammad Sartaj, 27, works
as a corporal-ranked technician in the Indian Air Force and was in Chennai at the time of
attack.[15]

Aftermath and arrests

The police arrested the temple's priest and his assistant for questioning. A first information
report (FIR) was filed naming ten of the attackers based on the testimony of the family
members. The FIR contained charges under Sections 147 (rioting), 148 (rioting with deadly
weapon), 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 458 (house-
breaking), and 504 (intentional insult with intent to breach of the peace) of the Indian Penal
Code. Six of them were found and arrested by 1 October. On 1 October, the number of arrests
went to eight. The arrests were protested by locals. The protesters set fire on vehicles and
vandalised shops. The police had to fire in the air to disperse them. One person was injured in
the protests.Personnel from Uttar Pradesh Provincial Armed Constabulary and the Rapid
Action Force were deployed in the village.18

17
"Eight held for lynching 'beef-eater' in Dadri". Mumbai Mirror. 1 October 2015. Retrieved 4 October 2015.
18
"UP Police, RAF, paramilitary patrol tense Dadri village". The Indian Express. 1 October 2015. Retrieved 6
October 2015.
The temple priest denied involvement. He said that he was forced to make the announcement
by some youngsters. The priest said that he had only announced that a cow had been killed
and asked people to gather near the temple. On 3 October, a man named Vishal, the son of a
local BJP leader Sanjay Rana, was arrested in connection to the case. By 4 October, Danish
had spent 4 days in the Intensive Care Unit and undergone two brain surgeries. He had been
admitted in Kailash Hospital, Greater Noida. Some female relatives of the arrested persons
attacked journalists and pelted stones at media vans. They claimed that these persons had
been wrongly arrested and the media was covering only the victim's story.

On 5 October, Uttar Pradesh Police asked microblogging site Twitter to remove certain text
and photographs related to the incident, which it considered provocative. The family left
Bisara village and moved to an Indian Air Force zone in Delhi on 6 October.19

Reactions

The Chief Minister of Uttar Pradesh Akhilesh Yadav announced as ex-gratia of ₹1,000,000
for the family on 30 September 2015. He also directed the District Magistrate and Senior
Superintendent of Police of Noida to provide police protection to the family. On 3 October
2015, the ex-gratia was raised to ₹2,000,000. Mohammad Akhlaq's elder son Mohammad
Sartaj, a technician in the Indian Air Force, said that he has decided to move the family out of
Dadri. The family has shifted to Delhi on 6 Oct.

Home Minister and former Chief Minister of Uttar Pradesh, Rajnath Singh, appealed to
people to maintain communal harmony and promised strict action against those try to disrupt
it. Finance Minister Arun Jaitley said such incidents affect the image of the nation and people
should rise above them.[28] Mahesh Sharma, a BJP Union Minister, said that the lynching
was not planned but an unfortunate accident. However, he promised justice to the family.
Another BJP leader Tarun Vijay said that this incident may derail the Prime Minister
Narendra Modi's agenda of development. He asked Hindus to look after cows instead of

19
"Dadri killing: Victim's family moves to Delhi, peace march held in village". DNA India. 7 October 2015.
Retrieved 8 October 2015.
resorting to violence. He also pointed to the issues of beef export and stray cows consuming
plastic from garbage. Another BJP leader, Sakshi Maharaj criticised the exgratia amount and
said that if a Hindu had been killed his family would have received much less.20

On 7 October 2015, Azam Khan, a cabinet minister in the Government of Uttar Pradesh, said
that he will raise the Dadri lynching issue at United Nations. Also on 7 October 2015,
President of India Pranab Mukherjee said that diversity, tolerance and plurality are the core of
Indian civilisation and they kept India united for centuries.

Prime Minister of India, Narendra Modi, referencing the President's speech, said in a public
rally on 8 October 2015 to follow President's message and ignore statements of communal
political leaders, urging people to stay united. He stated, "Hindus and Muslims should fight
against poverty and not against each other".21

Prime Minister of India, Narendra Modi, in a speech on 15 October, has termed the incident
dukhad [saddening]. But he questioned the logic behind blaming the Centre for it. Mr. Modi
also termed undesirable the opposition to Pakistani singer Ghulam Ali’s concert in Mumbai
by the Shiv Sena, but sought to know how the Centre was responsible for it. Modi was
criticized for waiting 10 days before speaking out against the killing.

20
"When Muslim dies they give 20 lakhs, but Hindu doesn't even get 20,000: Sakshi Maharaj". Zee News. 4
October 2015. Retrieved 6 October 2015.
21
"Modi breaks silence on Dadri lynching". The Hindu. 2015-10-03. Retrieved 2015-10-09.
Request to close all inquiries

The relatives of Mohammad Akhlaq met the Chief Minister of Uttar Pradesh Akhilesh Yadav
in the first week of December 2015. They expressed satisfaction on the monetary support
they received and the progress of the case inquiry. At the same time, they requested the Chief
Minister to close all further inquiries into the case.

FIR against murdered and his kin

9 June 2016, judicial magistrate Vijay Kumar at the Surajpur district court issued direction
under section 156 (3), on a petition filed by a Bisara resident against murdered Mohammad
Ikhlaq and his kin for alleged cow slaughter. On the night of September 28, police collected a
sample of the meat from Akhlaq's house in Bisada and sent it to a vet for preliminary testing.
These tests suggested it was mutton, but the police sent the sample to another lab in Mathura
for a conclusive test. A top government official then stated that the report from Mathura also
confirmed that it was mutton.22 The petitioner to Surajpur district court had based his plea on
a report by a forensic lab in Mathura that a meat sample taken from the site of the attack
allegedly belonged to “a cow or its progeny”. However, the government's inquiry confirmed
that he was not storing beef for consumption. Regardless, whether the meat found in Akhlaq's
home was mutton or beef has no bearing on the crime of lynching.

judgment

The Allahabad High Court granted bail to Vishal Rana, a key accused in the lynching case of
Mohammad Akhlaq in Dadri. Residents of Bishahra village in Dadri, 45 kilometers from the
national Capital, lynched Mohammad Akhlaqu, a fellow villager and brutally assaulted his
younger son Danish, over rumours of them having eaten beef in September 2015. According
to the chargesheet of Akhlaq's murder case, Vishal Rana, son of a local BJP leader Sanjay
Rana, spread the rumour of Akhlaq having eaten beef after which a village mob lynched the
Muslim man. Rana was charged with 302, 307, 147, 148, 149, 323, 504, 506427, 458 of the
IPC and Section 7 of the Criminal Law Amendment Act.

22
"Dadri lynching: Meat in Akhlaq's fridge was mutton, not beef - Times of India ►"
While giving bail to Rana, Justice Pratyush Kumar in his order said, “It is submitted that co-
accused Saurav, Shivam, Gaurav, Puneet and Arun having similar role to that of the applicant
have already been granted bail by this court. Therefore the applicant is also entitled to be
released on the bail on the ground of parity. Without commenting on the merits of the case, I
find it a fit case for bail” J.B. Singh, one of the lawyers of Rana told The Hindu, “Honorable
High Court granted bail to Vishal on the grounds of parity of other accused. The court did not
go into the merits of the case”.

Syed Farman Ahmad Naqvi, the lawyer of Akhlaq, however, told The Hindu that they will
consider challenging the bail of all the accused who were named in the FIR, in the higher
court. Despite Akhlaq's murder case is under trial in a fast track court in Greater Noida, the
charges are yet to be framed against the accused 22 months after he was lynched. With Rana's
bail, only three of the total 19 accused Sri Om, Rupendra and Vivek, will be in jail in the
lynching case that led to a national debate on intolerance. One accused, Ravin Sisodia, died in
jail due to apparent case of Chikangunya fever.
 5. Conclusion, criticism and suggestion

Mob justice is the symptom of a society where ignorance, an incompetent justice system, and
human rights violations impede access to justice. The root cause of the phenomenon is the
lack of public trust in the legal and security authorities to properly handle suspected
criminals. Compounded with the public’s ignorance f the human rights afforded to every
citizen, this distrust yields a willingness to try suspected criminals in the court of armed
public opinion instead of in a court of law. What results is a vicious cycle of violence where
the accused suffer injuries or even death on account of possibly unfounded accusations,
which in turn generates more distrust for the law and its enforcement on behalf of the victim
and his or her relations. Eliminating mob justice requires a concerted effort on behalf of the
government, civil society organizations, and individual citizens. The value of its eradication
lies in more informed citizens, the subsequent creation of a justice system that properly
handles crime, and a more peaceful society.
Bibliography

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