POSTED BY Buzz ON Dec 06, 2012 AT 21:03 IST ,  Edited At: Dec 06, 2012 21:03 IST

Kaifi Azmi: Duusra Banvaas

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POSTED BY Buzz ON Dec 06, 2012 AT 21:03 IST, Edited At: Dec 06, 2012 21:03 IST
POSTED BY Sundeep ON Dec 26, 2010 AT 00:53 IST ,  Edited At: Dec 24, 2010 02:53 IST

Had meant to blog this excellent piece by Pratap Bhanu Mehta earlier but had remained caught up with the tapes and the year-end stuff, so without any further delay:

If the BJP has any political imagination, or any understanding of Hinduism, it ought to now make a dramatic gesture. It has made its point about history. But now it could help transcend that history by eschewing plans for dramatic temples at Ayodhya. Instead, push for Ayodhya as a shared space, where Ram becomes a symbol of peace and compassion rather than a threatening structure of stone. Instead of constantly being on the defensive, the BJP could at one stroke lay to rest so many ghosts that still haunt it. It needs a new imaginative politics.Finally, there is the space of ideas. What are the big ideas on corruption that the BJP wants to champion? Does it want to take the lead in political finance? Does it want to take the lead in police reform? If it does not occupy this space quickly, mere negativism will not take it too far. It still needs to show that it can be more than an opposition party.

Read the full piece at the indian Express: What’s the big idea?

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POSTED BY Sundeep ON Dec 26, 2010 AT 00:53 IST, Edited At: Dec 24, 2010 02:53 IST
POSTED BY Sundeep ON Oct 29, 2010 AT 21:57 IST ,  Edited At: Oct 29, 2010 21:57 IST

 

Swapan Dasgupta in the Telegraph:

The troubling feature of India is the growing chasm between popular historical memory and the officially endorsed ‘nation-building’ history. In the popular perception, there was widespread medieval vandalism and India is dotted with physical evidence of a shrine that was either destroyed or whose denominational character was changed. Yet, since the early 1970s, historians whose works are deemed ‘respectable’ have wilfully glossed over themes that apparently run counter to an idyllic syncretic or composite culture. In schools and universities, narrative history has been junked in favour of a crude economism. It is somehow felt that ‘nation-building’ will be better served by focussing on the economic intricacies of feudal societies rather than the bigoted excesses of Aurangzeb. Outright denial or obfuscation has become the hallmark of a country with a rich history and poor historians.

Unfortunately, the experiments with disingenuity have not really worked. Academic historians constituted themselves into a cosy club during the Ayodhya agitation claiming that the whole Ram Janmabhoomi belief was an elaborate hoax and, most likely, a sinister colonial creation. No shrine, they insisted, had been destroyed to make way for a mosque in 1528. Far from neutralizing the Ram bhakts, this negationism actually drove the devout into greater bouts of frenzy, culminating in the demolition of the 16th-century shrine. Had the more pertinent question — Must India spend its energies overturning medieval wrongs? — been asked, it is entirely possible that society would not have been so damagingly polarized. The battle to set back the clock of history was actually a crusade to right the wrongs of historians.

Read the full piece: Remembering Right

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POSTED BY Sundeep ON Oct 29, 2010 AT 21:57 IST, Edited At: Oct 29, 2010 21:57 IST
POSTED BY Sundeep ON Oct 19, 2010 AT 22:26 IST ,  Edited At: Oct 19, 2010 22:26 IST

Lata Mani in the EPW:

I am arguing that to deem the kind of unequal compromise as has been proposed in the verdict by Justice Khan simply as capitulation to majoritarian belief is to ignore the philosophical context of Islam upon which he explicitly draws in the prelude and epilogue to his judgment. His is a view that has struck a chord with many Muslims even though not all agree with the verdict. It elaborates a perspective at once principled and situated, expansive and concrete. The degree to which it resonates with the broader cultural ethos (not just that of Muslims) may be gauged by the space it has opened for conciliation, not in its sense as appeasement or pacification but in its root meaning as “bringing together”. The spirit of Justice Khan’s verdict creates a context in which the Rs 12 lakh donation by a Shia youth group towards construction of the Ram temple or the moves towards amicable settlement by the litigants, alongside appeal to the Supreme Court cannot merely be seen as the response of a besieged and aggrieved community, or as the actions of condescending but undeserving victors. An honourable basis has been laid for these gestures (themselves part of rich pre-history of negotiated coexistence, joint worship and shared culture) though not everyone is rising to the occasion, as is already evident.

...the relative quietude with which the verdict has been met has, at least, something to do with widespread recognition that the spirit behind the proposed trifurcation was neither a meting out of humiliation nor a handing down of the verdict of history but rather, an honourable attempt at legal-moral reasoning with peace as its impetus. To overlook this or decree it just symbolism is to miss the affirmative possibilities inherent in this historical moment.

Read the full article

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POSTED BY Sundeep ON Oct 19, 2010 AT 22:26 IST, Edited At: Oct 19, 2010 22:26 IST
POSTED BY Sundeep ON Oct 19, 2010 AT 21:19 IST ,  Edited At: Oct 19, 2010 21:19 IST

Sunil Khilnani in the Mint:

We should all be troubled by the Ayodhya decision—but troubled in a way that does not hasten us into self-righteous claims about what would have been the right or appropriate decision...

...The fact is, we’ve once again shunted over to the courts questions and tasks that they are neither designed to fulfil, nor should have to. This increasing reliance on the courts parallels our increasing resort to military and paramilitary forces to deal with domestic dissent. In both cases, the inflated demands we place on the judicial and coercive arms of the state are a symptom of a political failure: the failure to sustain a sense of political community across our citizenry... 

...Although forced into alien terrain, it does seem a pity that the court chose to set itself up as an arbiter on matters of religion and history. It could perfectly well have acknowledged the existence of deep and widely held beliefs among many (though not all) Hindus about the sacred character of one specific area of the site. Without claiming access to a GPS that can lead us to the exact address where divine delivery occurred—who really knows the exact spot where our favourite god may have decided to be born?—it could have registered the fact that many do hold such convictions about the precise location, and as such these fellow Indians and their views have a claim to recognition. The right of these Hindus to worship at their preferred site could be recognized and incorporated into the always complicated and the now battered-down architecture of the site—in ways that allow access and use, but without partition...

Read the full piece at Mint

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POSTED BY Sundeep ON Oct 19, 2010 AT 21:19 IST, Edited At: Oct 19, 2010 21:19 IST
POSTED BY Sundeep ON Oct 19, 2010 AT 21:17 IST ,  Edited At: Oct 19, 2010 21:17 IST

 

On Law and Other Things blog, Bhupender Yadav and Vikramjit Banerjee, advocates in the Supreme Court address the question of whether or not it is correct that the Court has “wrongly” considered faith as the basis of the judgment in the present case:

It is important to note that what was being asked for is not a title to the land , but a declaration that the site was a “Public Mosque”. This would mean an essential decision as to whether the site can be called a “Public Mosque” at all . This means a conclusion will have to be drawn as to whether the said site could be called a Public Mosque in Islamic Law. Now, there are certain facts which have to be adjudicated in Islamic Law for a place to be called a Public Mosque and one of them is whether the Muslims ever treated this place as a public mosque, another, whether Islamic Law allows construction of mosques on places of worship of others and third, what is the status of a supposed Mosque which is presently a place of worship of another religion (all questions of faith ). It is also important to bear in mind that though it is being bandied about today that the dispute was a “title” suit, but what is most important to note is that the Sunni Waqf Board had never ever sought declaration that the “title” of the land be declared in their favour but had asked it to be declared a “Public Mosque”, with all it’s consequent conditions, which could not be decided without going into the “faith” of Muslims . The same “faith” which is a secular dirty word today...

...it is apparent that the said conclusions directly arise out of the issues framed in the suit and are not a fanciful exploration of “faith” as is being attempted to be made out by the secular chorus. What requires repetition is that the present case being a civil suit and not a “Government Commission of Enquiry” or a “People’s Tribunal” had to be argued only based on the statements stated in the plaints and the written. It is a fundamental proposition of civil procedure that no party can go beyond the assertions in the plaints and written statements filed by the parties in court in the case and all evidence and arguments has to be restricted to proving the facts stated in the plaint and the written statements only. A plaint and a written statement is the basis of any case , and , they are of utmost importance, as facts stated in them cannot be changed later for better or for worse.

Read the full blog post at the Law and Other Things blog

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POSTED BY Sundeep ON Oct 19, 2010 AT 21:17 IST, Edited At: Oct 19, 2010 21:17 IST
POSTED BY Sundeep ON Oct 15, 2010 AT 05:10 IST ,  Edited At: Oct 15, 2010 05:10 IST

Writing in the Telegraph, Swapan Dasgupta recounts what has been discussed in our rants & raves pages, based on the TOI reports some days back on the judgment of Justice Sudhir Agarwal, viz the testimony of historians Shireen Moosvi, Suraj Bhan, Suvira Jaiswal and Sushil Shrivastava:

In her deposition as an expert for the Waqf Board, the Aligarh historian, Shireen Moosvi, suggested that “the legend of Ayodhya being the birthplace of Rama is found from the 17th century, prior to which there is no legend about Rama’s birthplace in medieval history”. However, during cross-examination, Moosvi also admitted: “It is correct that in Sikh literature there is a tradition that Guru Nanak had visited Ayodhya, had darshan of Ram janmasthan and had bathed in the River Saryu.”

....In her deposition as an expert in ancient history, Suvira Jaiswal made an important clarification: “I am giving statement on oath regarding Babri Mosque without any probe and not on the basis of my knowledge; rather I am giving the statement on the basis of my opinion.”

...
Once the ASI excavations confirmed that the Babri Masjid wasn’t built on virgin land, “impartial” history turned to imaginative history. It was suggested by Bhan that what lay beneath the mosque was an “Islamic structure of the Sultanate period”. Mandal went one better, suggesting that after the Gupta period “this archaeological site became desolate for a long time”. The reason: floods. Supriya Verma contested the “Hindu” character of recovered artefacts from the Kushan, Shunga and Gupta periods — something even Bhan and Mandal had admitted to. These, she said, “could well have been part of palaces, Buddhist structure, Jain structure, Islamic structure [sic]”. There were also suggestions, never proven or pressed, that the ASI had falsified and suppressed data.

More in the Telegraph

More on which the above is based, the judgement of Justice Sudhir Agarwal,:

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POSTED BY Sundeep ON Oct 15, 2010 AT 05:10 IST, Edited At: Oct 15, 2010 05:10 IST
POSTED BY Sundeep ON Oct 13, 2010 AT 23:59 IST ,  Edited At: Oct 13, 2010 23:59 IST

Prabhat Patnaik in the Telegraph lists three obvious problems with the Allahabad High Court judgment on the Babri Masjid issue:

The first is the obliteration of the distinction between “fact” and “faith”, which represents a serious retrogression to pre-modernity.

The second disturbing aspect of the judgment is the obliteration of the distinction between “negotiation” and adjudication... The court is supposed to be fair because it does not settle issues on the basis of relative strengths but entirely on the basis of evidence, facts and legal provisions.

The third problem with the judgment is that it has accepted the demolition of the Babri Masjid, an act that was a direct violation of the law of the land, as a fait accompli; and by remaining silent on this fait accompli while giving a verdict that echoes in essence what those who undertook the demolition were claiming, it has implicitly rationalized post facto that horrendous and unlawful act of demolition.

I think there is no disputing Patnaik's point #2 and #3 — personally, while my main criticism of the judgment has been based on point #3, I can totally see the validity of PP's point #2. 

As far as I am concerned, I think point #1 needs to be thought about some more as there are many layers to it. I also think that the court should not at all be examining questions as to whether or not the disputed land is the birth-place of Lord Ram. Couldn't the title suit be decided by taking into account whether or not this was a Hindu place of worship without bringing the historicity or otherwise of Ram into it?

In fact, Santosh Desai, in his TOI column of October 10, addresses the question a bit:

There is a strand of opinion that argues that this court verdict is unjust because it sacrifices history for faith. To accept that because Hindus believe this is the site of Lord Rama's birth it is indeed worthy of being recognised as such, is to open the floodgates on many such 'imagined' contentions. In a strictly technical sense, there is merit in this view. But in a larger sense, isn't this true of all faiths? When the Danish cartoon controversy broke out, that too was based on the belief that the Prophet could not be represented in any pictorial form; if that faith-based belief could be respected, why should the verdict be held to another standard? 

While going along with the overall thrust of his argument about there being a secular double-standard and hypocrisy which definitely needs serious introspection, I don't think his comparison with the Prophet Cartoon controversy holds as the cases are hardly analogous and no courts were involved in the cartoon controversy, at least in so far as it played out in India. Here there is merit in the argument that the court should not be looking into such questions as to whether or not Lord Ram was born in that disputed land or thereabouts.  Yet I can roughly see what Santosh Desai is saying here. My argument would just be that without going into the historicity or otherwise of Ram, and thus where he was born, there is enough "evidence" out there about Hindus holding that land specially sacred. Justice Khan does indeed have the most nuanced take on the subject, both in the judgment and its gist

For me, the obvious question to ask the SC would be: 

What if the mosque -- structure, whatever you want to call it -- had not been demolished? Would the HC have ordered the mosque to be partially demolished?

Other questions — even if that was not the remit of the HC:

  • Why after the mosque was demolished, the make-shift temple was allowed to be built with the idols placed there?
  • Why could the idols not be removed in 1992? The sentiment was pretty much against the demolition by then and things could have been controlled had the 1949 act of taking the idols inside the mosque was reversed by ensuring that no idols remained there in 1992

Patnaik also flags two possible fall-outs of the judgement:

  • Serious consequences that go beyond the specific issue under consideration
  • This leave behind wounds that fester and can cause damage later even if there is no immediate cause for concern.

Both are absolutely valid fears, the first despite safeguards such as The Places of Worship (Special Provisions) Act of 1991, and he second of the various apprehensions already expressed about the HC judgment. I am not sure why it was never explored that the 1986 opening of the locks too could be reversed and Ayodhya too covered by this Act and need to look this up among the debates in the 1980s and early 1990s. Patnaik also of course offers the obvious last word as the best course of action as far as the law of the land is concerned:

Hopefully, the Supreme Court to which the matter will be referred will be mindful of the pitfalls of quick fixes and will uphold scrupulously the cause of law.

Read his full piece at the Telegraph

All that said, the resolution to the dispute, it should also be clear to all, will also not come from the Supreme Court. What we need for that is indeed something akin to what most people have said and Santosh Desai mentions here:

...By hardening the lines between those who acknowledge the role of religious identity in our lives and those who don't, we are creating a climate where dialogue becomes increasingly difficult. The Ayodhya verdict is an excellent opportunity to attempt some sort of a reconciliation not only between the communities but between those who call themselves secularists and those who don't...

At the end of day, neither the masjid nor the mandir are meaningful by themselves. Both are symbols of larger ideas- the re-building of the masjid signifies the right that all faiths in India have that in the India of today, no faith can be trampled upon in a fit of majoritarian frenzy and the building of the mandir an acknowledgment of the resentment harboured by a faith for their perceived historical repression. By building both the masjid and the mandir, we have the opportunity of recognising that faith continues to be an important part of our lives, and that we cannot sidestep it by building some other structure, as well as providing some closure to the historical baggage carried by both communities. This would work of course, if this ended all such debates permanently. Build one masjid and one temple and then let us move on for all time to come.

Both closures are required if are to "move on" -- in the SC and in the society at large.

Post Script

Since I had earlier misattributed the Telegraph article above to Mukul Kesavan, it would be useful to also note the three big problems he listed in the Guardian:

First, it recognises a prior Hindu claim to the site of a medieval mosque by relying on a report submitted by the Archaeological Survey of India. 

Second, the judgment concedes that the religious beliefs of a rhetorically invoked Hindu majority, regardless of their historical truth, can be determining in a legal dispute

All three judges acknowledge that Hindu idols were furtively installed under the central dome in 1949, which is when Hindu worship first began inside the mosque – but this illegality and the subsequent criminal razing of the mosque count for nothing in their judgment. This is the third problem with the verdict.

I think it is important also to note the following in his piece:

Meanwhile, in the media, there is enormous pressure on Muslims to "settle", to accept the judgment as fair. The Muslim litigants are already being cast as spoilers. When bearded Waqf board spokesmen are interviewed on television by slick young anchors in suits who keep asking them if they're prepared to "move on", a convenient tableau of fundamentalist intransigence is born.

And the following which I had actually meant to blog about as I too briefly watched this bit:

One of the more poignant moments in the post-verdict debate was the sight of that lion of Hindi cinema, Javed Akhtar, scriptwriter and lyricist, in a television studio in his capacity as a secular Muslim. He said, deadpan, that Muslims couldn't be secular. He was suggesting, ironically, that Indian Muslims could only be militant or moderate, bad or good. Being secular was the privilege of chivalric Hindus; Muslims, by implication, were limited to the roles forced upon them by their Hindu interlocutors.

Read the full Mukul Kesavan article at the Guardian

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POSTED BY Sundeep ON Oct 13, 2010 AT 23:59 IST, Edited At: Oct 13, 2010 23:59 IST
POSTED BY Sundeep ON Oct 07, 2010 AT 23:41 IST ,  Edited At: Oct 08, 2010 01:51 IST

We have heard a lot about 'India has moved on' and it is time for reconciliation and that this was the time for a negotiated settlement rather than going in appeal to the SC. What do people mean when they use terms such as 'moving on', 'reconciliation' and 'negotiated settlement'? Do most people think of this as a 'fair settlement'?

Seema Mustafa in the New Indian Express:

The sense that justice was denied has been growing, not just among the Muslims, but so is the secular opinion in this country. Any number of academics, historians and others have come out questioning the ruling. Union home minister P Chidambaram has said that this will not impact on the cases already in the courts against those held responsible for the demolition of the Babri mosque on December 6 1992. This, of course remains to be seen as the lawyers will definitely argue that the Lucknow Bench ruling makes it clear that a temple had existed on the spot, so those responsible for the demolition of the mosque, were only taking back what was theirs.

In this battle no one is talking of the Constitution of India that was violated 18 years ago; sadly not even the judges. To answer the second part of the Kashmiri friend’s question, there is peace today because the verdict was a compromise. To add a question, and is this a good way of moving ahead? No, as brushing issues of justice under the carpet does not work. This only adds to the anger and frustration, and at best delays the inevitable. Maturity is reflected in the independent and efficient working of institutions. A clear-cut decision based on law and the evidence, with a peaceful acceptance would have been the real hallmark of a mature India

Ashok Malik in the Hinustan Times:

There is only one way in which Ayodhya can corrode Indian politics again. For the most part, those who are instigating this are not the regular ‘religious fundamentalists’ but self-proclaimed ‘secular modernists’, taking their litany from television studio to television studio and op-ed page to op-ed page. They are picking loopholes in the judgement, misrepresenting it where possible — for instance, a judge’s observation that there is a history to the Hindu perception of Ayodhya being the birthplace of Ram is being passed off as acceptance of Ayodhya being the physical birthplace of Ram — but at no stage are they pointing to an alternative solution that is legally workable and socially sustainable.

This is such a fringe intellectual position and so divorced from the larger reality of India, as evident from the relief the judgement has evoked and the genuine desire of people to sort out the issue and move on, that it’s a wonder it is still getting such traction.

There is an attempt to provoke Muslim leaders into intemperate rhetoric. There is criticism of the judges, even to the extent of the clothes they wear and the food they eat as if this somehow clouds their legal sensibilities. There is an attempt to scare the Congress that the ‘Muslim street’ is upset, that it will lose minority votes and that it should oppose the judgement if not promise to negate it by legislation.

Before this, there was Swapan Dasgupta in the Pioneer:

The matter-of-fact way in which India digested the complex High Court judgement suggests three possibilities. Perhaps people just weren't interested — a plausible explanation in a country where the sense of history is feeble. Maybe, people had heeded the Home Minister's advice and were mulling over the verdict’s implications — an implausible explanation in an easily excitable country. Finally, it is indeed possible that most of India thought the verdict — particularly the order for a three-way partition of the contentious 2.77 acres — was fair, just and based on the one thing that counts: Robust common sense.

The suggestion that the High Court verdict has enjoyed a spectacular degree of popular acceptance runs counter to the indignation in ‘intellectual’ circles. Not since the Supreme Court’s Shah Bano verdict in 1986 was rubbished by clerics and some Ministers of the Rajiv Gandhi Government has any court judgement been at the receiving end of so much abuse by so few.

Those who till 4 pm on September 30 were solemnly pontificating on the ‘majesty of the law' and the overriding importance of the Indian Constitution went completely berserk after it became clear that the Sunni Waqf Board petition had been rejected and that the court had favoured the Ram lalla deity with possession of its perceived janmasthan. The judgement was compared to a “panchayati” order and “majoritarian conceit” and painted as being so outrageous that it destroyed Muslim faith in the judicial process. Additionally, it was pilloried for having reduced Muslims to second class citizens.

Jyoti Punwani in the New Indian Express:

It’s not as if no Muslim sees the bias in the judgment; it’s that they prefer to see the end result. Some consider it more important that their right over the site has been acknowledged, and hope to get more than a third share from the Supreme Court. Others hope that the BJP’s dukandari (exploitation) of the Ayodhya issue may now finally be over, since the credit for the Ram temple will have to go to the court, not to them. A few are relieved that the bully has been appeased, so they can be left in peace — a realistic appraisal of the secular’ state’s capacity to protect them.

But across the board, among Hindus and Muslims, the focus is on the operative order, that divides the site between the two communities. The illogical janmasthaan finding, which both leaders and intellectuals feel is the flawed centre of the judgment, is hardly mentioned. Why? Escapism? An acknowledgement that faith matters? (On this question of faith versus law, we certainly have regressed; high court judges today have done what the Congress government did in 1985 after the Supreme Court’s Shah Bano judgment — put faith over law.) Or, is it just the practical approach, that looks at the concrete impact of the judgment and moves on?

Perhaps the best-summation was offered by Neerja Chowdhury, linked earlier, in the New Indian Express:

While there is disappointment in the Muslim community over the Allahabad Court’s three-way division of the disputed site at Ayodhya, unlike in the past, the Muslim reaction this time remains more underground than overground. They are not expressing themselves as forthrightly as they have done in the past. Partly there is confusion in their ranks about the implications of the verdict. Many also feel that if they protest openly, it might lead to riots and this will only provoke a counter-reaction and make them more suspect in the eyes of the Hindus.

There are those who want to let bygones be bygones and for the community to get on with their lives. There are others who feel the community has again been denied justice under the law — as it was in December 1992 when the Babri Masjid was demolished. They feel let down by the judiciary, seen by many as the last resort.

Many fear that the verdict could have implications for not just the mosques in Kashi and Mathura, but thousands of other shrines. It is easy enough to place idols, build a local movement around it, and then argue that it is ‘a matter of faith’.

They are also apprehensive that, with the court having legitimised it as the birthplace of Ram, the Vishwa Hindu Parishad would now mount pressure on them to surrender their one-third piece of land for building a ‘grand’ temple there, and this started with both the Sangh chief and BJP leader Ravi Shankar Prasad making such a plea within minutes of the judgment. While the Hindu leaders urged the Muslims to help them build a grand temple there by ‘consensus’, there were no offers by Hindus to help the Muslims build a mosque on the land given to them.

The union education minister Kapil Sibal says that while reconciliation and compromise is the way forward, the government has no role to play in this:

Most of India has turned a chapter. I don’t think we can talk about Muslims and Hindus. Most of India has turned a chapter because the young generation wants education. The young generation wants opportunities. The young generation wants to be part of the nation moving forward in the 21st century, and therefore these issues, according to the young, are not so relevant in that dream of being part of the new story.

...I believe that in a judicial process you’ll have verdicts of this nature, and ultimately, unless the verdict attains finality, I don’t think one party should feel triumphant and the other party should feel despondent. Remember, many a time the trial court verdict is affirmed, or completely set aside. So we don’t know what the Supreme Court is going to do. So for one party or the other to feel sad or despondent or feel triumphant I feel is completely inopportune and shows a lack of maturity.

...in the ultimate analysis, the Supreme Court will definitely look... remember, this is the first appeal. In normal circumstances, these matters are not decided by the High Court. But there was a special dispensation. The High Court was charged with the responsibility of doing so. So when it comes up in appeal, the Supreme Court is going to look at each issue of fact and law meticulously — especially of fact. Because if the facts like whether there was a temple underneath — one judge has said there was a non-Islamic structure, that is, a Hindu temple — what does that mean? Is every non-Islamic structure a Hindu temple or is it a Hindu temple? Whether it is a non-Islamic structure or not? But these are factual issues again on which I have no expertise at this point in time. But this is a fundamental issue that arise on facts.

Anything is a possibility. The Supreme Court may affirm the judgment, the Supreme Court may completely set aside the judgment, the Supreme Court may do something else. I don’t know.

...quite frankly, all these issues, as I said, are highly complex, highly charged, and therefore the Supreme Court will be very, very careful and meticulous in analysing the judgment and coming to a conclusion consistent with the Constitution and the laws.

In other articles on Ayodhya, Ronojoy Sen notes in the TOI:

The fundamental problem with the verdict, however, was the court taking on issues that fell well outside its jurisdiction. This was noted in this newspaper and elsewhere as early as 1990, a year after four suits relating to the disputed site were clubbed and transferred to a special bench of the Allahabad high court. Then, TOI had reported, "Several of the 43 issues framed by the court on May 25 pertain neither to law nor any verifiable fact. Rather, these issues fall in the grey areas of history, mythology and religion." It is pertinent that three years later, the Supreme Court had wisely rejected the presidential reference made by the Narasimha Rao government on whether a temple existed on the site of the Babri masjid.

The three-judge high court bench was, however, unafraid to walk into this minefield. It attempted to answer questions such as whether the disputed site was the birthplace of Ram or if the Babri masjid was built in 1528 by destroying a temple, which it was simply not equipped to do. Unsurprisingly, for all the judges' efforts at going through masses of evidence and the thousands of pages they devote to it, the result is deeply problematic.

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POSTED BY Sundeep ON Oct 07, 2010 AT 23:41 IST, Edited At: Oct 08, 2010 01:51 IST
POSTED BY Sundeep ON Oct 06, 2010 AT 14:03 IST ,  Edited At: Oct 06, 2010 05:51 IST

Frontline has an excellent cover story that offers detailed analyses of the various issues involved:

Legal Aspects

A.G. Noorani comprehensively recounts "the consistent judicial injustices to Muslims since December 23, 1949":

THE judgments delivered by the Lucknow Bench of the Allahabad High Court on September 30 on the Babri Masjid cases not only flagrantly violate the law and the evidence but a binding unanimous judgment of the Supreme Court on the Babri Masjid case itself ( M. Ismail Faruqui and Others vs Union of India and Others (1994) 6 Sec 360). It sanctified the conversion of a historic mosque, which had stood for 500 years, into a temple.

V. Venkatesan adds:

Of crucial importance is how Justice Khan interprets the Limitation Act. When the suits (except suit No.5) were instituted, the Limitation Act, 1908, was in force. It was replaced by the Limitation Act, 1963. According to Justice Khan, under the old Act, suits for declaration of rights had to be filed within six years of the event. The Sunni Waqf Board filed its suit in 1962, within 12 years of the 1949 incident. This, according to him, made its suit time-barred. This interpretation appears to be debatable.

...Even if it is conceded that historically there has been such a belief, an explanation of how the legal right to worship could be inferred from it would have been necessary. Justice Agarwal seems to condone the illegal placing of the idols inside the mosque in 1949 because it was based on such a belief.

V. Venkatesan also interviews Rajeev Dhavan:

This was a title suit. The court has turned this into a partition suit. The question of title squarely lies with the Sunnis. They had taken over the mosque for over centuries. They have never lost titles. There was a continuity of ownership even if not prayer. On December 22, 1949, some idols were placed there. It was absurd to suggest they came in as a consequence of divination. Fortunately, the court has not gone that far. Therefore, the simple question was whether the Sunni Waqf Board filed its case within the limitation of 12 years. It was filed on December 18, 1961, within the limitation without adversely affecting the title of the Sunnis.

The judgment appears to have unsuited the Sunnis on the basis that the title was never there and that, in fact, they have actual rights only over part of the property. This was argued by none, requested or asserted by none, and came from the sweet will of judicial imagination.

Ajoy Ashirwad Mahaprashasta interviews Rajendar Sachar

The judgment can be summed up in two words: Crime piece. In 1992, a crime was committed. The Babri Masjid was demolished. But assume that the crime was not been committed and the matter had gone to court. Do you think the court could possibly, under any circumstances, order that the land be divided? Frankly, the grounds on which the organised Hindutva plaintiffs went and asked for land, they should have been thrown out on the grounds of remediation. You see, the masjid was there since the 16th century. They filed the suit only recently [in historical periods]. The Limitation Act dictates that a suit could be filed within a period of 12 years from the date of dispute. Legally speaking, the Sangh Parivar does not have a right even if a temple had been demolished to build the Babri Masjid, as the masjid existed before the period of limitation.

Purnima S. Tripathi interviews Ravi Shankar Prasad on treating Ram Lalla as a party to the title suit:

But when the court has accepted that the idol was put inside the masjid on the night of December 22-23, 1949, how can this idol be described as a deity?

By virtue of Hindu faith, the Ramjanmasthan [the birthplace of Lord Ram] itself has become a deity, whether there was an idol or not. It is this concept of the janmasthan having acquired the status of a deity that the court has accepted.

The Repercussions

Venkitesh Ramakrishnan offers the view from Lucknow and Ayodhya

Is there a chance of the HC verdict and division working?

...Ground-level reactions from the twin cities of Ayodhya and Faizabad are overwhelmingly sceptical about the three-way division of the site. Many residents belonging to Hindu, Muslim and Sikh communities were unanimous that the division and the subsequent building of a temple and a mosque in close proximity to each other was a sure-fire recipe for conflict.

“The effort of the judges to go beyond law and bring about something close to a negotiated settlement has little chance of working. In fact, it will complicate matters,” said Khaliq Ahmed Khan, a resident of Faizabad. In Ayodhya, Ram Prakash Gupta, a shopkeeper, aired the same view: “They could have decided one way or the other. This tightrope walk is bound to create permanent tension once the construction actually begins.”

It is evident that implementing the judgment or even using it as an instrument for negotiations is easier said than done. The use of faith and belief as legal categories is bound to be debated in great detail in the coming days and to face intensive critical assessment. The criticism of the same in the days immediately following the judgment was by and large confined to jurists and legal observers...

Politics of UP

...The S.P. president [Mulayam Singh] could well have his eyes set on reclaiming the Muslim vote bank that he seems to be losing to the Congress, but the fact remains that he has made a point that has wide credence among large sections of the judiciary.

The social and political ramifications of the verdict are bound to result in trying times for the Congress at the Centre.

...The saving grace has been the sober and peaceful reaction from large sections of the community. But informed sources in intelligence agencies in Uttar Pradesh said that they were already worried that sleeping terrorist modules of jehadist groups in the State would use the climate created by the judgment to make a few strikes.

Clearly, the verdict has not done much to mitigate the Ayodhya imbroglio. On the contrary, the bizarre use of faith and belief as legal categories and the consequences thereof may actually add to the muddle.

Purnima S. Tripathi examines the parivar's thinkning, pointing out how while the BJP is trying to appear restrained, the hardline is back. Take this sample quote from Rajnath Singh:

“The issue should now be sorted out through negotiations, which should begin before the case reaches the Supreme Court. Once the issue reaches the Supreme Court, it will leave no scope for any reconciliation. Muslims should understand that after the court verdict any Muslim claim over the land would be akin to Hindus staking a claim for a temple at Makkah. Now is the time for both communities to realise that since the title suit has been decided, there should be no further acrimony over the issue. Forget December 6, forget the past acrimony, let the past be a closed chapter and let us resolve the issue through reconciliation,” he said.

Pravin Togadia in an interview to Purnima S Tripathi expands on what the VHP's idea of reconciliation is:

Togadia: See, their title suit claim has been dismissed by the court, so they should be magnanimous enough to give up their claim over this land now and join hands with us in building a temple. This will be in the larger interest of all. We have made it clear in our resolutions before that we will not allow any mosque in or around the disputed area. We can offer Muslims land anywhere else but Ayodhya, and if they agree to our proposal we will help in making a grand mosque for them. Ayodhya is one of the most sacred places for millions of Hindus and they should respect this.

T.K. Rajalakshmi recounts the evidence presented by leading historians on the disputed site:

The September 30 judgment has evinced strong reactions from a cross-section of historians and archaeologists. On behalf of the Safdar Hashmi Memorial Trust, 62 academics, including Romila Thapar, Irfan Habib, D.N. Jha, K.M. Shrimali, K.N. Panikkar, Utsa Patnaik, Shireen Moosvi, Amiya Kumar Bagchi, Suvira Jaiswal and Arjun Dev, have demanded that the notebooks, artefacts and other material evidence relating to the ASI's excavation at the site be made available for scrutiny by scholars, historians and archaeologists.

Read Full Post  |  10 comments
POSTED BY Sundeep ON Oct 06, 2010 AT 14:03 IST, Edited At: Oct 06, 2010 05:51 IST
     
 
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