New Delhi: Prejudgement moves and preparations publicised by media in anticipation of verdict on Babri Masjid case created panic into many parts of the country and the judgement was unexpectedly delivered on 9th of November, Saturday. The fear had ruled the roost for days in apprehension of civil strife as it was warned that if Muslims don’t abandon their claim from Babri Masjid, India may face situations like Syria. Fear and calculated stratification is always dangerous for healthy democracy and multiculturalism. In these situations, the verdict was pronounced on a day generally closed for the court work in Supreme Court. A number of jurists, judges and intellectuals have expressed their views. SDPI has also deliberated and decided to make its stand clear in view of public importance of the matter of Babri Masjid in past, present and future times of the country. Hon’ble Supreme Court of India by five Judge Bench has given the clear findings that:
- No Temple was demolished for the construction of Babri Masjid in 1528.
- The placing of idols into central dome of Babri Masjid was an illegal act committed on the intermittent night of 22/23 December of 1949.
- The demolition of Babri Majid on 6th of December 1992 was wrong and illegal.
- That the court cannot enter whether the faith whether it is rational or irrational, justified or unjustified, respecting religious freedom of a party/ person.
It is matter of fact that not a single person till now has been punished for grave offences committed either in December 1949 or December 1992. The well-identified offenders had boastfully been making statements regarding their role in stealing or broad day offences and have always been allowed to take political mileage in their favour with impunity. Supreme Court failed to be elaborate on these questions leaving the justice inconclusive in the judgement of November 9th of 2019.
The jurists and former judges have pointed out to self-contradictions of the verdict. The findings of the court have not been realised into the operative portion of the judgement. There is a question that if the placing of idol and the demolition of Masjid was illegal, how it can be legal to give disputed area of 2.77 acres of land of Masjid to the elements who were party to illegalities. It is also felt that those who committed offenses of demolition of Babri Masjid have been rewarded by unreasonably selecting them to control the land of Masjid even they very belatedly entered into the litigation only in the year 1989 by filing a new suit changing the nature of the dispute at question while Nirmohi Akhara, the original litigant on behalf of the temple of Lord Rama from the year 1885, has been debarred on the point of limitation which though directly and fully make the case of Ram Lala Virajman unmaintainable and unsustainable yet surprisingly, preferred to get authority as backed by their known political masters. It is now being felt that by default, the effect of the judgement of Supreme Court has virtually put a legal stamp on the illegal acts of miscreants causing demolition of Babri Masjid on December 6th, 1992. After the judgement, the demand is being made that the criminal case regarding incident of 6th December 1992, pending inconclusive even after 27 years, be withdrawn. It is apprehended that the proposed Trust, under present political establishment shall be formed without the true representatives of Sanatan Dharma in Ayodhya and in the country. Notice is also being taken of the coincidence that the verdict has directed the same scheme in the case as previously discussed by the threemember Mediation Committee with Muslim bodies and individuals that also smacks a different conclusion.
Rule of Law
SDPI is perturbed as the “Rule of Law” has mischievously been weakened for a long-time on account of weak and selective application of methods of administration of justice. After this judgement, we may have a feel for future of the country as Working President of VHP Mr. Alok Kumar has stated that this is beginning and not the end. SDPI painfully feels like others that majoritarian ideology has prevailed over the facts and evidence of the case and jumping over its own findings, the court has given this verdict which supports unequal citizenry and encourages all those elements who put the system of secularism, democracy and Constitution under constant attacks. Main political parties including congress have also failed to rise to occasion or due to timidity, fell under encompassing influence of artificial, disruptive and disintegrating Golwalkar theory that Muslims and other minority communities do not have an equal right in comparison of Hindu community.
It is surprising that main report of ASI signed by all the authorized persons giving the finding that no temple was found beneath the Masjid, kept aside and unsigned epilogue mysteriously put at the end of the report unsigned, was relied upon that structure beneath did not look Islamic.
It is said that Hon’ble Court has weighed religious belief and faith of a section over the facts and evidence on the record of the case as well as over the issue of tittle of the disputed property.
Five acres of land
It is also relevant to mention that Muslim case, if rejected, they should not get even an inch of land but if five acres of land is provided, it means, there is a sort of reparation and reparation is granted only when an injury is inflicted but no finding on injury to Muslims is observed by the Court. So it appears that it is a majoritarian verdict delivered to please and appease the Hindutva on the majoritarian ethos which sets a precedent to open a Pandora’s box, if left un-assailed.
The Hon’ble Supreme Court has left many confusing, ambiguous and moot points still to be decided in view of the expediency of the issue as the Hon’ble Court has directed to allot five acres of land at suitable and prominent place in Ayodhya for the construction of a Masjid but it may itself not be feasible hence, be declined.
In these facts and circumstances, SDPI appeals to the parties contesting on behalf Muslims in Babri Masjid case to prefer a Review Petition with a view to keep the record straight in history as well to properly and adequately conclude the dispute of Babri Masjid to meet both the ends of justice