Mob lynchings a complete failure of rule of law: Retired CJI

New Delhi: Innocent lives taken by mob Lynching is a “complete failure of the principle of rule of law” noted former CJI T.S Thakur on Wednesday.

An independent judiciary is essential to protect the constitution and rule of law in India, which, of all times, is needed now with the ongoing circumstances across India, The Hindu reported.

The retired CJI was attending the book launch of former Law Minister Veerappa Moily’s ‘The Wheel of Justice’, where the former CJI said, “When we see day in and day out, mobs lynching people, it’s a complete failure of rule of law. If a mob can take the law into its hands and administer summary justice, what kind of rule of law is this?”

“If somebody has committed an offence, law requires that he should be prosecuted. Even the first of our enemies, even Kasab [Ajmal Kasab] the murderer who came to kill innocent people got a fair trial, got a trial right up to the Supreme Court. His Mercy petition was considered and we all know the Supreme Court assembled at midnight to see if any injustice or infirmity has been committed. Why? Because we believe in the rule of law,” Justice Thakur said.

He pressed upon what could have happened if they too gave up the law. “We could have left him on the streets of Bombay [Mumbai] to be killed by a mob but it would have been a negation of the rule of law,” he said.

“And if that were to happen, our heads would have hung in shame before the civilised world,” he said.

“Independence of the judiciary is also a contemporary subject and for the past few months, you have seen how this issue has been debated. Questions have been raised and many have remained unanswered and judges have themselves raised questions about the judiciary remaining independent,” said the retired CJI on the questions that are being raised upon the judiciary.