Ayodhya Case - April 2, 2017 No Scope for Mutual Settlement
Total Page：16
File Type：pdf, Size：1020Kb
Established 1946 1 Pages 16 Price : Rupees Five Vol. 72 No. 11 Ayodhya case - April 2, 2017 no scope for mutual settlement Rajindar Sachar A RSS takeover Kuldip Nayar The suggestion of the Chief Court. But this was nothing Justice of India to even act as a compared to the ominous conspiracy mediator in pending Babri Masjid of Congress Prime Minister demolition case, showed his concern Narasima Rao, who suddenly Why is the independence of but was a little odd considering that became inaccessible to senior the judiciary indispensable? it has come at the instance of an journalists, his Home Secretary and Prabhakar Sinha inter meddler, and without parties even his colleagues. involved being before the Court – that is why it caused amongst I am also ashamed to admit the the parties a certain concern. In my unworthy role of complicity of the Experiencing Indian elections view Babri Masjid demolition case judiciary which in spite of the D. K. Giri is not a matter for compromise. injunction having given since 1949 This case raises the deep against the public not to enter the constitutional concern regarding our area did not proceed against the Union Territory Constitution which clearly says that violators – even the higher judiciary status for Ladakh India is a secular republic. did not intervene – rather turned a Chandra Bhal Tripathi blind eye. This was the time when I was in Geneva attending U.N. the magnitude of danger should have Sub Human Rights Commission been appreciated by all parties but meeting when I was told the was not. horrible news that came on T.V. that Babri Masjid had been The battle for secularism should have been joined with a singular Editor : demolished and saw the gory spectacle of B.J.P. hoodlums determination of nipping the G. G. Parikh climbing the Masjid and breaking it cancer of communalism. But then Managing Editor : Guddi down. B.J.P. UP Chief Minister nothing was done. Kalyan Singh’s assurance to the D-15, Ganesh Prasad, Supreme Court that he will take full I then made a public statement Naushir Bharucha Marg, steps to prevent it was belied. The that; “Immediately the Government should have announced December Mumbai - 400 007. Supreme Court by a majority just accepted his apology instead of 6, as a ‘National Repentance Day’ Email : [email protected] sending him to jail for contempt of when people will fast and pray for 2 JANATA, April 2, 2017 unity and welfare of all the forward as a legal ground to take an end under the Limitation Act”. communities”. But the non-BJP away the land from the mosque. On the same parity of reasoning parties analyzed the situation as even if a temple existed prior to the merely one of law and order and If the finding is that the masjid building of the masjid 500 years ago, thus acquiesced in this dastardly Act. was not built on a Ram Birthday the suit by the Hindu outfits Whatever the past history, all the place, then the Muslims get the land like Nirmal Akhara VHP/B.J.P. etc. parties let the matter go to back and will be free to use it in has to fail. Allahabad High court to give any way, including the building of a decision. High Court has given a the mosque. There is another reason why in decision with which both parties are such a situation, the suit will fail aggrieved. B.J.P. is still insisting that Alternatively even if it is held because in common law, even a it would build a temple at the site that there was a temple on the land rightful heir, if he kills his ancestor, where Masjid undoubtedly stood for of Babri Masjid, even with forfeits his right of inheritance. In over 500 years. this finding the suit by the VHP/ the masjid case too there was a RSS has to be dismissed. “murder most foul” and hence the Muslims cannot obviously agree Admittedly, Babri Masjid has been murderer cannot be allowed to take to a shameful compromise on in existence for over 500 years till the benefit of his own dastardly sanctity of Masjid. The matter is it was demolished by goons of the deeds, whatever the factual position already before the Supreme Court VHP/RSS in 1992. Legally may be. – it cannot run away from giving a speaking, even then the Sangh decision which may not make Parivar would have no right even if Of course it is the privilege of everyone happy. But then it is their a temple had been demolished to the Chief Justice of India to constitutional duty and it has no build Babri Masjid. I say this in view constitute the bench. May however other alternative. of the precedent of the case of one respectfully submit that it may Masjid Shahid Ganj in Lahore be more reassuring if a beach of I cannot foretell the Supreme decided by the Privy Council in seven judges or nine judges was to Court decision. But if past 1940. In that case there was hear the appeal. precedents are to prevail, then the admittedly a mosque existing since case in favour of Muslims is 1722 AD. But by 1762, the building invincible. I say this on the came under Sikh rule and was used precedence of Shahidganj Masjid as a gurdwara. It was only in 1935 Janata Subscription case (Lahore now in Pakistan) that a suit was filed claiming the decided by the Privy Council in building was a mosque and should Annual Rs. : 260/- 1940. The Supreme Court need not be returned to the Muslims. The decide on merits whether Babri Privy Council, while observing that Three Years : 750/- Masjid had been in existence where “their Lordship have every Ram Temple had existed or not sympathy with a religious sentiment Demand Draft / Cheque because that is of no consequence which would ascribe sanctity and as it is not relevant to the decision inviolability to a place of worship, on of case. This is because even if they cannot under the Limitation Mumbai Bank was, there is no denying that Babri Masjid has been in existence since Act accept the contentions that in favour of 500 years. such a building cannot be possessed adversely”, went on to hold Now it is obvious to the meanest “The property now in question intelligence that it is impossible to having been possessed by Sikhs JANATA TRUST prove that the birthplace of Lord adversely to the waqf and to all D-15, Ganesh Prasad, Ram was under the masjid — it interests there under for more than Naushir Bharucha Marg, may be a matter of faith, genuine 12 years, the right of the mutawali Mumbai 400 007 or contrived or otherwise, but that (caretaker) to possession for is no proof, nor can it ever be put the purposes of the waqf came to JANATA, April 2, 2017 3 A RSS takeover Kuldip Nayar It looks as if the RSS has openly as president of the party. But it must command. The two names that have come out to appoint its nominees at be said to his credit that the BJP swept emerged do not seem to fit into the different places of governance. If one through to power in the country with scheme of things which Modi has in were to look around in the country, 72 Lok Sabha seats from UP alone. mind. the BJP, a political wing of the RSS, Shah was instrumental in helping the has already taken over most of the BJP and its allies win 325 Vidhan Finance Minister Arun Jaitley is country. The presidential election is Sabha seats out of 403 in the state. too young and the Prime Minister only a few months away. Yet again, needs him in the Cabinet and, among the names tossed around for the top The sweep in UP has helped the other things, he is very effective position are from the RSS parivar. BJP gain a sizeable number in the speaker in both the houses. Home Rajaya Sabha and with the party’s Minister Rajnath Singh wanted to be Today, there are as many as nine two-thirds majority in the Lok Sabha, the chief minister of UP. But now chief ministers of the BJP or, for that the presidential election looks a mere that Yogi is well entrenched as the matter, the RSS pracharaks. They formality. Indeed, this gives the kind state chief minister, Rajnath Singh are: Manoharlal Khattar of Haryana, of confidence to both BJP and the might be looking at this coveted Trivendra Singh Rawat of RSS that whoever they put up as their position. Lok Sabha Speaker Sumitra Uttarakhand, Biren Singh of Manipur, candidate, there will be hardly any Mahajan, who has conducted the Devendra Fadnavis of Maharashtra, opposition. Even if there is a slight house in an orderly way, is also being Shivraj Singh Chouhan of Mandya resistance from some of the non-BJP spoken about as an appropriate Pradesh, Raman Singh of parties, it will only in name. candidate. Chhattisgarh, Manohar Parrikar of Goa, Raghubar Das of Jharkand and The names that are doing the The ideal choice would be a the latest to join the list of RSS pariva rounds include L.K. Advani and candidate who is apolitical, popular is Adityanath Yogi of Uttar Pradesh, Jaswant Sinha, former Finance and experienced. Pranab Mukherjee the most populous state in India with Minister. Advani is a heavier name was selected as President because 80 Lok Sabha seats. since he founded the BJP when the he was the hatchet man of Congress Janata Party was breaking up in 1980 president Sonia Gandhi.