Judicial Justice sacrificed at the altar of Reconciliation
Just before the verdict was delivered, all the TV channels were asking, “Has India Moved on? We were patting ourselves that India of 2010 is not the India of 1992. Have we… ? Let me leave this issue till the end.
When the first batch of lawyers emerged from the court premises waving
an emphatic and a victorious V, the Muslims were distraught and
dejected. It appeared that all was lost for the country’s largest minority community.
But as the details filtered in and a clearer picture emerged, it dawned that the V waving lawyers were either celebrating premature or were deliberately misleading the nation. Either ways, the joy was short livid. The judgment had varying proportion of happiness for all.
Muslims though feel that they have less to cheer. It is essentially a judgment that in leaning towards reconciliation. How else does one explain the non cognizance of a mosque that stood for over four centuries? History has been expunged. The verdict may have cast a pall of gloom over those who had great expectations from our judiciary. Purists feel that the verdict is based more on emotions and less on hard core evidence. Even the BJP luminary Arun Jaitly feels the decision is based on Perception!
And this may well be true . However, it has attempted to open doors for possible amicable settlement. The verdict needs to be seen from two perspectives. One is the purely legal angle and the other is the political tangle. Each actually contradicts the other as the premise for each is tangent to the other. One has to have real patience to study the over 8000 pages long judgment to know the judges mind but prima facie it does appear that facts have been sacrificed to contrive upon a populist judgment. Legally speaking, there is a lot to be desired. Interestingly there are many aspects of the judgment that many have chosen to either deliberately ignore or are unable to read between the lines. The court has not proved that this is the Ram Janam bhumi. On the contrary, it has said that this is the belief of the Hindus.( If now, according to the judgment, we are expected to beleive that Lord Ram was born under the central dome, then, what is the date of birth of Lord Ram?).
Not only does the court throw out the idea of the idols emerging miraculously inside the mosque, it goes on to state unequivocally that there were placed by people. But the decision to let the idols stay where they are is mind boggling! Huge contradiction! But this is the political side of the verdict!
The court also believes that no temple was destroyed to build the mosque though it is built on old forgotten ruins which were probably a temple. And this is a very significant part of the judgment that needs to be publicized to the masses to dispel erroneous impressions( as spread by the fundamentalists) that Babur desecrated, defiled or dishonoured a temple to build a mosque.
The court may have also thrown out the petitions by the Sunni Waqf board and the Nirmohi Akhara, nevertheless, the decision that the title of the disputed land has to be shared, is a “bouncer” but is presumably aimed at ensuring the secular fabric of the nation. But will this work in the long run ? This, as I see it, is the huge political inclination of the bench. They have lost track of the judicial process to achieve this! Sharing it equally gives equal opportunity to all. A possible win win situation for all could not be reached but could have been had the land partition been half to the Sunni Waqf and the remaining with the other parties. If land partition was the objective, then the court could have opined that the entire area be leveled and then allot subsequently to the parties. By insisting that the central dome be given to the Ram Lalla party, the honourable court has faltered and given certain quarters the feeling of triumph. It sort of appears to vindicate their stand of the demolition of the Babri Masjid.
Yes, the judgment sticks out like a sore paw. Justice Sachar, Supreme court lawyer Rajeev Dhawan and many others have blasted the bench in very strong terms.
Yet, I feel this could be the turning point in Indian society. Many of us may not agree with the judgment in totality and may move the Supreme court with a fresh battery of more efficient and capable lawyers. We may have serious reservations and consider the verdict a blot on the name of the Indian Judiciary. But Muslims, who have shown great maturity, restraint and dignity, have to brush aside their huge disappointment and move a step ahead and look forward to the new scenario- they are legal joint owners of the Mosque! Now, they can contemplate building a majestic and a glorious mosque alongside the temple. Le them become the two glittering eyes of India! This is a glorious beginning of communal harmony and inter faith acceptance. The community needs to move on and focus on issues that inhibit its development. Let us live in peace and devoid of any fear.
However, one issue still needs to be resolved. It is now the turn of the parliamentarians. They should enact a law that prohibits opening up issues on so called disputed shrines across India. A special ruling to maintain a status quo should be passed within the next three months. Yes, there is the Places of Worship( special provisions) Act 0f 1991. There is another passed in 1993 also.
It is imperative that all the political and religious parties acknowledge the above with a solemn promise to abide by the above in letter and in spirit. Anyone raising the bogey of another place of worship should be sentenced summarily and the party de recognised.
This will certainly ensure that no party would move the Supreme court
and the issue of Babri Masjid controversy will lie dead and buried. Forever. And no judge needs to tread where even no angels dare !
Coming to the issue of has India moved on. The three judges, ( no reference to Amir Khan’s recent movie) have converted our gallop to a slow trot. I sadly feel that though we have moved, it is a sluggish and feeble movement. If the CWG negative publicity showed us as inept, inefficient and corrupt ,the world today does sniggers at the skewed verdict and reserves a knowing smile. One more step gone awry.
Syed Abdallah Rizvi
