Ganga Jamuni Tehzeeb Is Not Mere Tolerance Of Differences But Heartful Embracement Of Diversity: Allahabad HC
"Ganga Jamuni Tehzeeb culture is not mere tolerance of differences, but heartful embracement of diversity", Justice Ajay Bhanot of the Allahabad High Court observed while granting bail to the accused Nawab who was accused of mob violence after election results and inflicting life-threatening injuries.
While granting bail to Nawab who is accused of offences under Sections 147, 148, 504, 307, 354B and 324 I.P.C., the Court also observed that "Ganga Jamuni Tehzeeb is not a ritual to be observed in conversations, infact it is a soul force to be harnessed in conduct" and that the "ethos of the State of Uttar Pradesh brings out the catholicity of Indian philosophy".
The Court recorded an undertaking on behalf of the accused and the informant that "respective parties would serve cool Sherbet (शर्बत) and water to passersby and thirsty travellers for one week at a public place in District Hapur at a date and time of their choosing in May-June 2022".
After holding that the accused is entitled to bail, the Court said, "Ordinarily the order should end here. However, I recall the words of Chief Justice Roberts of the U.S. Supreme Court "When judges render their judgements through written opinions that explain their reasoning they advance public understanding of the law. Chief Justice Warren illustrated the power of a judicial decision in Brown Vs. Board of Education "…….every citizen could understand its rationale.""
"Discourse in courts which reflects on social ills and legal challenges is also a reservoir of alternative thought, and may become a catalyst of positive change. Legal dialogues in courts can also help in arresting aberrational tendencies in the society", the Court observed.
The Court held that incidents of mob violence spread disaffection in the society and are incompatible with the rule of law and have no place in any civilized nation. "Sectarian violence fractures the peace, and fissures the society. Politics is indispensable for democracy. But politics cannot monopolize dialogue. Law and courts are not the only instruments to deal with problem. All sections of the society have to own up to their responsibilities to promote fraternity among all citizens and ensure peace", the Court observed.
"Seakers of different paths would do well to remember the Father of the Nation. The Mahatma by the example of his life and the fact of his death, reminds us that the quest of all religions and the essence of an Indian's Dharma is love for fellow beings. Someone's hate consumed his body, but not his love for humanity. A bullet stilled his mortal frame but could not silence the truth in him", the Court said.
The Court also observed that "The calling of law is a summons to public service. It is reassuring that notables of the legal profession are conscious of their public duties to promote constitutional values. Selfless service and refined dialogue will strengthen the resolve of the society to shun hate and violence".
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