Now it is almost certain that the Babri Masjid-Ram Mandir verdict will go beyond Common Wealth Games and that is what I wanted too. In my previous article on the Babri Masjid verdict, I argued that in the interest of Indian pride, keeping in mind an international event is happening in the heart of the country, it is better to defer the judgment. We have waited for decades, can’t we wait a few more days or months in the worst case?
I didn’t know under which provision of which act the Central Government could intervene and request the Allahabad High Court to postpone the judgment but I do wanted the Central Government to intervene somehow and act swiftly. It looks like my prayers have been answered, the government has found an indirect way of requesting the court to defer the judgment through Ramesh Chandra Tripathi, so far an unknown in the Babri suit , by filing a petition in the Allahabad High Court for deferring the judgment to work out an out-of-court amicable settlement of the issue. It is history that the High Court threw away the petition and the matter is in front of Supreme Court to be decided on 28th of this month.
In spite of great efforts by stalwarts like former prime ministers PV Narasimha Rao, Indra Kumar Gujral and Atal Bihari Vajapai, nothing could be worked out, then why this unknown Tripathi feels that there could be still avenues for amicable settlement - the answer is any one’s guess. He also feels that law & order could break down if the verdict is given now, if he is linking the law & order break down to CWG, it makes sense, otherwise it is only just a matter of time when the law & order will break down - is it now or at a later date? Central government has brilliantly entered the Supreme Court through the back door. Though not acceptable in a democratic set up, I support this move – it was required considering the huge tasks of maintaining security for CWG, maintaining the law and order situation in the wake of the judgment and all along trying to hold back the eroding prestige of India. Which government will venture into take such a risk? The manmade disaster of CWG has made us to search places to hide out of shame, another disaster in the form of communal violence in the midst of CW games is definitely unwanted and India cannot afford it. The counsel for VHP in the Supreme Court Mr.Ravi Shankar Prasad, who happens to be one of the general secretaries of BJP, on many occasions has hinted, though not directly, that it is the central government which is pushing Mr. Tripathi from behind. If it is in fact the central government behind Tripathi’s move, I fully vouch for this wise decision by a responsible state like India.
Thank you government of India for this kind of a strategy and I sincerely hope that the Supreme Court will read the mind of the government and reciprocate accordingly. The legal luminaries like Shanthi Bhushan and Harish Salve have questioned the technicality of the issue, no doubt technically they are correct that a court should give the verdict without seeing the consequences of the judgment, looking after the law and order issue is the botheration of governments. My question to them is – should courts be insensitive to the two main stake holders of the present scenario, the law & order and Indian pride, while adhering to the rules and regulation. Both the parties to the suit fear that if the verdict is not delivered by 30th September, since one of the three judges of Allahabad High Court retires on 1st October and if the new judge insists, all the exercise will have to be started again from the scratch. Nobody wants this situation, generations have waited eagerly for this moment and delay beyond CWG is definitely is not acceptable for any one. There are many past precedents to come out of this catch, the retiring judge can again be appointed as additional judge as suggested by many legal experts. But according to me, the best solution could be for Supreme Court to issue a direction to the Allahabad High Court to deliver judgment before 30th September but not to make it public till the Supreme Court disposes off the petition for postponement. The sealed judgment can be opened at a later date as soon as Supreme Court clears off the petition. I presume Supreme Court has enough authority to give directions to its subordinate courts on a matter in which both are involved.
We are waiting for the verdict with fingers crossed, let us be optimistic that peace will be given a chance. Thousands of people have lost their lives, crores of worth properties have been burnt , all in the name of protecting or claiming a place of worship. All we got in return for our effort is a big demarcation line between the two communities, an unbridgeable divide. I am wondering if Muslims win the title and a masjid is built again there, will the Almighty accept my namaz there or if Ram temple is built, would a Hindu’s prayer there be accepted by God? Just thinking – won’t it be a place of worship built on dead carcasses?
Abdulla Madumoole works as a Financial Controller at Zayed Foundation Abu Dhabi, UAE
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