Showing posts with label Ram Janmabhoomi. Show all posts
Showing posts with label Ram Janmabhoomi. Show all posts

Saturday, 23 November 2019

Ayodhya verdict - Reminiscences

Nearly 3 decades ago, on December 6, 1992, a long-running dispute between Hindus and Muslims over a religious site in the northern city of Ayodhya took a dramatic turn (Babri Masjid demolished) and changed the course of Indian politics forever. Religious riots erupted, and 900 people, both Muslims and Hindus, were killed in Mumbai. And on March 12, 1993, 13 blasts ripped through the Mumbai city in retaliation for the mosque’s demolition, killing 317. Now, a verdict from the Supreme Court (on Nov 9, 2019) has legally closed the most divisive religious conflict and paved the way for the construction of a Hindu temple at the site. The court has insisted that a mosque also be built, but on an alternative plot of land.  This SC decision will allow the BJP and Modi government to bolster its political fortunes further by construction of a grand Ram temple just ahead of elections in Uttar Pradesh due in March 2022.
  • Real closure of the conflict will depend on how, going forward, India treats its more than 175 million Muslim citizens. Anything other than equitable justice will only leave deep scars and gaping wounds.
  • Since there has been no violence and protests, we should not mistake this for indifference. But this doesn't entail Muslims accepting the construction of a Ram temple at the site. The court has said that the demolition of the mosque was “a serious violation of the rule of law” and that “it is necessary to provide restitution to the Muslim community for the unlawful destruction of their place of worship.”  Justice in the Babri masjid demolition case is critical to Indian democracy’s promise of fair play and equality.
  • In the 2019 election, BJP fielded only seven Muslim candidates. In the 2017 assembly elections in Uttar Pradesh, where the temple will be built and has 19.3% Muslims (about 4.40 crores), the BJP did not field any Muslim candidates. India owes it to Muslim citizens to address this sense of political marginalization.
  • It was the Muslims who suffered the razing of their place of worship; they were also the victims of the violence which followed. The community sought redressal and placed its faith in the institutions for justice. The Supreme Court ruling is riddled with contradictions but its biggest problem is the loss of faith it has triggered among Muslims about the possibility of justice. What can be worse for a democracy when its largest minority group does not hope for justice but fearfully settles for a verdict that they know is no less than injustice to them? -- Arfa Khanum Sherwani writes in thewire.in
  • Whatever the provocation from Pakistan and whatever the indignities and horrors inflicted on non-Muslims there, we have to deal with this minority [India’s Muslims] in a civilized manner. If we fail to do so, we shall have a festering sore. -- Jawaharlal Nehru
If Babri Masjid was still standing, would SC have had it demolished? 
-- Justice A.K. Ganguly (Retd Judge of Supreme Court)

The PM Modi's appeal for harmony, on the eve of the Ayodhya verdict, and warning against seeing the outcome as a victory or defeat for either side casts doubts about his prior knowledge and influencing the judgement. Muslims may grudgingly and helplessly accept this verdict with a pinch of salt but in the reverse scenario, Hindu groups (RSS, VHP etc) would definitely have pressurized central government to promulgate ordinance allotting Babri Masjid plot for Ram Janmabhoomi temple construction.



Wednesday, 19 April 2017

Babri case: SC restores conspiracy charges against Advani etc

Babri Masjid being demolished by Kar Sevaks on Dec 6, 1992
Apr 19, 2017:  LK Advani and other top leaders of the BJP including Murli Manohar Joshi and Uma Bharti will be tried for criminal conspiracy in the demolition of the 16th­ century Babri Masjid, the Supreme Court ruled today, agreeing with a request from the Central Bureau of Investigation or CBI in its case over the razing of the disputed mosque on December 6, 1992. The incident had sparked deadly riots across India that killed around 2,000 people. "We have allowed the CBI appeal against the Allahabad High Court judgement with certain directions," a bench comprising Justices PC Ghose and RF Nariman said.

Here are the top 10 points from the judgement in the Babri Masjid demolition case:
  1. CBI's appeal in Babri mosque demolition case allowed, criminal conspiracy charge against LK Advani and other BJP leaders restored.
  2. Two separate cases (in Lucknow and Raebareli) against LK Advani, Murli Manohar Joshi, Uma Bharti and unknown 'kar sevaks' in will be brought together in one trial.
  3. The trial court in Lucknow must complete the hearing in two years and deliver a verdict.
  4. Kalyan Singh (who was the chief minister of UP in 1992) enjoys constitutional immunity as Rajasthan Governor and can be tried only after he leaves office.
  5. Lucknow court should conduct trial in these cases on a day­to­day basis.
  6. No party shall be granted adjournments without the sessions judge being satisfied of the reasons for it.
  7. CBI will have to ensure that at least one prosecution witness appears in trial court for recording of testimony.
  8. Trial judge hearing the Babri mosque case shall not be transferred till the judgement is delivered.
  9. Lucknow trial court to commence proceedings in four weeks and there will be no 'de novo' (fresh) trial.
  10. Order should be followed in letter and spirit and parties involved have the liberty to approach the top court if its directions are not followed.
Here is the timeline to the dispute

Justice delayed is justice denied ... William E. Gladstone

Justice delayed will not only be justice denied, 
it will be the Rule of law destroyed ... Soli Sorabjee

My View:
There is no question that Ram Janmabhoomi is one of the highest sentiment for 84% Hindus in India, without exception. Muslims should have voluntarily given away the never used Masjid for Hindus for building Ram Temple, as gesture of good will. In return they could have extracted certain concessions, but both groups never came to negotiating table. Courts could not give its judgement because that piece of land of Babri Masjid is in possession of Babri Masjid Trust and at the same time Hindus sentimental right can't be undermined but can't be given away to Hindus unless Muslims agree to it. The dispute is dated back to 1853/1859. In 1992 Advani leading thousands of BJP+ Kar Sevaks, purely for political gains is only to counter VP Singh's Mandal card, resulting in demolition of Babri Masjid is patently illegal, undemocratic and unconstitutional and ruptures secular fabric of the nation. All culprits who ever have conspired and/or participated in demolition must be booked and punished as per laws of the land. Topping the list are LK Advani, MM Joshi, Uma Bharathi, Kalyan Singh and many more. At least after 25 years, SC ordered these culprits stand trial with 2 years deadline. Unless rule of the law is respected, we stand to lose democratic & secular character of our constitution.

However, SC has dealt a deadly blow to BJP & its associates stunning the master manipulator Modi affirming judicial independence and upholding rule of law. Any shame left, Uma Bharti and Kalyan Singh must resign their Minister & Governor positions and face criminal charges in their individual capacity. Ironically, Modi (with his CBI) has to prosecute his own gurus & compatriots of conspiracy & criminal charges. Landed in unenviable spot, Modi, who lectures on every issue, will maintain stoic silence on this matter.