Someone's Hate Consumed Gandhi's Body But Not His Love For Humanity: Allahabad HC Endorses 'Ganga-Jamuni Tehzeeb'

While granting bail to an accused in connection with a criminal case over an altercation between political rivals that suddenly escalated into a violent brawl, the Allahabad High Court last week observed that someone's hate did consume Mahatama Gandhi's body, but not his love for humanity.

"Seekers 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 4 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 observed.

Significantly, the Bench of Justice Ajay Bhanot also endorsed the Ganga Jamuni Tehzeeb as it noted that it is not a ritual to be observed in conversations, in fact, it is a soul force to be harnessed in conduct.

"Ganga Jamuni Tehzeeb is not a ritual to be observed in conversations, infact it is a soul force to be harnessed in conduct. Ganga Jamuni Tehzeeb culture is not mere tolerance of differences, but heartful embracement of diversity. The ethos of the State of Uttar Pradesh brings out the catholicity of Indian philosophy."

Stressing that sectarian violence fractures the peace, and fissures the society, the Court observed that all sections of the society have to own up to their responsibilities to promote fraternity among all citizens and ensure peace.

"Many generations of Indians gave their blood, sweat, tears and toil to wrest freedom from the shackles of slavery. The founding generations had steered the country through stormy seas; it is the duty of all Indians to helm the nation into calm ports," the Court remarked.

These observations came as the Court granted bail to one Anwar who has been booked under Sections 147, 148, 504, 307, 354Kha, and 324 IPC in connection with an incident wherein people from two sides had engaged in violence in the aftermath of the election results.

The counsel for the bail applicant argued that a general and vague role was assigned to him and that he had not been identified as the principal offender who inflicted life-threatening injuries on the injured persons. 

However, before the Court, the counsels of both the parties (applicant and informant) agreed to take measures to keep the peace and restore the traditional harmony and faith between all sections of the society. 

Significantly, the Counsels, on their own, submitted that both the parties would serve cool Sherbet (शर्बत) and water to passersby and thirsty travelers for one week at a public place in District Hapur in May-June 2022. 

Court's observations 

Against this backdrop, at the outset, the Court found it fit to grant bail to the accused (on the condition of participating in the cool water and Sherbet distribution event) as it underscored that selfless service and refined dialogue will strengthen the resolve of the society to shun hate and violence.

Lastly, observing that the 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, the Court also remembered a song of lyricist Pradeep, wherein he had beckoned Indians to fortify the hard-won republic:

"हम लाए हैं तूफ़ान से कश्ती निकाल के

इस देश को रखना मेरे बच्चों सम्भाल के

तुम ही भविष्य हो मेरे भारत विशाल के

इस देश को रखना मेरे बच्चों सम्भाल के"

Case title - Nawab v. State of UP

Case Citation: 2022 LiveLaw (AB) 257

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