AIR 2018 SUPREME COURT 3354 ::(2018) 4 CivLJ 657 ::(2018) 7 Mad LJ 350 ::(2018) 9 Scale 4 ::(2018) 4 All WC 4307 ::2018 (3) KLT SN 57 (SC) ::(2018) 4 JCR 27 (SC) ::2018 (4) KCCR SN 450 (SC)

Supreme Court Of India

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar, D. Y. Chandrachud , JJJ

Constitution of India , Art.21— Penal Code (45 of 1860) , S.300— Right to life and liberty - Cases of mob lynching - No individual in his own capacity or as part of group, which assumes character of mob, can take law into his/their hands and deal with person treating him as guilty of any offence - States having obligation to protect fundamental rights of citizens and to foster secular, pluralistic and multi-culturalistic social order - Preventive, remedial and punitive directives issued to prevent instances of mob lynching. In rights based approach to constitutional legitimacy, right to life and liberty is considered paramount and, therefore, democratic Governments must propel and drive towards stronger foothold for liberties so as to ensure sustenance of higher values of democracy thereby paving path for spontaneous constitutional order. Crime knows no religion and neither perpetrator nor victim can be viewed through lens of race, caste, class or religion. State has a positive obligation to protect fundamental rights and freedoms of all individuals irrespective of race, caste, class or religion. State has primary responsibility to foster secular, pluralistic and multi-culturalistic social order so as to allow free play of ideas and beliefs and co-existence of mutually contradictory perspectives. Stifling free voices can never bode well for true democracy. I....