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A division bench of the Supreme Court today dismissed a plea filed by Advocate Vishal Tiwari seeking to set up a Judicial Enquiry Commission under the Chairmanship of Former Chief Justice of India to enquire into the religious clashes that took place on the occasion of Ram Navami and Ramzan.

When the matter came up for hearing today, a bench of Justices L Nageshwar Rao and BR Gavai was informed that similar matters were pending but the instant petition could not be numbered although it was filed in the beginning.

"This is an alarming issue", said the petitioner.

Justice Rao questioned the nature of relief sought in the plea and said, "What is this relief, you want a judicial inquiry by former CJI?”.

Stating that no one was free to conduct such an inquiry, Justice Rao remarked that, "Such a relief cannot be granted. Dismissed".

The plea further sought a Judicial Enquiry into the arbitrary action of “bull dozer justice” by the government against the alleged stone pelters and participants of these communal clashes.

"....present situation prevailing at various places of the country due to the political and community tensions orchestrated by unregulated powers of the society with no action from the government pertaining to prevention of such incident along with the discriminatory bull dozer justice action of various state government requires the immediate attention of court", stated the plea.

Referring to 'bull dozer justice' the petition stated that it was the judiciary's responsibility to run the trial and impose sanction on the accused as per the relevant law. It added,

"The state or its law enforcing agencies does not have the authority to impose sanction on such alleged individuals,..... Such portrayal of “bull dozer justice” is a discriminatory measure done without any justifiable reason and was perpetrated on individuals who are not proven offenders. Such actions of the state is a violation of right to equality and right to life under Article 14 and 21 of the Constitution."

While referring to various instances across Rajasthan, Madhya Pradesh and Gujarat the plea added that such action of the government was an absolute example of deterrent theory of punishment.

Tiwari further submitted that such actions were absolutely discriminatory and did not fit into the notion of democracy and rule of law and in violation of rights guaranteed under Article 14 and 21 of the Constitution.

Case Title: Vishal Tiwari vs. Union of India and Ors.