Skip to main content

Ayodhya verdict 'not surprising' for those who have been observing trends in judiciary

By Vidya Bhushan Rawat*

On December 6, 1992, it was not just Babri Masjid that was razed to the ground but also the spirit of the Constitution of India. Those of us who have followed the court cases on the dreadful event and the vicious movement led by the Sangh Parivar in the 1990s for Ram Janma Bhumi know that they had least faith in judiciary.
After the demolition, none of the leaders, except Atal Bihari Vajpayee and Jaswant Singh, expressed regret over what had happened. All others appeared busy wanting to take 'credit' for the demolition. The hero of course was Kalyan Singh, former UP chief minister, but in the Brahmanical manipulation of the party he found himself out from the dominant position, though there was a time when he felt himself as the fit candidate for the Prime Minister of India.
Each of them have written and spoken a million times over about their role in the demolition of the mosque, and they continue to do so even now, but unfortunately CBI judge SK Yadav was unable to hear their voice, the video and the conspiracy to demolish the mosque.
Newspapers, magazines, videos, public meetings, everything is available. Lal Krishna Advani had actually compared the Ram Janma Bhumi movement to India's independence. This is how they built a narrative around it. If there is lawlessness in the country and fake narratives are flying high in the air, the main culprit of this is Advani, who wanted to fill his prime ministerial ambitions, but failed in his attempt. Even when he claimed that he was the best friend of Vajpayee, there was an internal competition, and Advani always felt that it was he, and not Vajpayee, who built BJP, and therefore he has got bigger right to lead the party.
We all know that Advani's w(rath) yatra left a trail of blood everywhere it passed through. It is a well known fact that when the power of Mandal forces was unleashed the Sangh Parivar decided to take this through the Ram Mandir issue, and a new set of leaders emerged from the OBC communities.
Justice Librahan, who headed the commission to investigate into the Ayodhya demolition, in an interview said categorically that there was a conspiracy and people knew it well that the masjid would be demolished. But strangely the CBI court rejected all the conspiracy theories and all the 'accused' have been declared 'baaizzat bari' (acquitted respectfully).
The fault is not with the CBI judge but in the air around us now. The Supreme Court had already given the verdict paving the way for the construction of the temple. It was clear that Court's were doing the work of the 'executive' and tried to strike a balance but in all this the issue of rule of law or constitutionality got stuck somewhere. It is not the matter of striking a balance for executive but the issue of constitutionality and legality. 
We all know that after the demolition of the Babri Masjid, the then prime minister Narsimha Rao addressed the nation on the TV and radio and promised to rebuild the mosque. This was a promise by the head of the state, but over the years so much of the narratives have been built that no political party could actually reiterate this viewpoint, and most of them accepted the need not to antagonise the 'Hindus'. So the rule of law and constitutionality was closely associated with 'Hindu' sentiments, and even the courts could not go beyond that. 
As the Supreme Court judgement had called the demolition illegal and unconstitutional, there was ample scope to look into from conspiracy angle
As the Supreme Court judgement had called the demolition illegal and unconstitutional, there was ample scope for the lower judiciary to look into this affair from the conspiracy angle and bring before the nation why it happened. We should not forget that, on the same day, somebody filed a case in a Mathura court related to Lord Krishna's birthplace, though the court dismissed it out rightly.
The CBI court judgement is a trend which reflects nothing except state of our judiciary. It is well known how the judiciary listened to the issue of Sudarshan TV and how an important judge, Justice K M Joseph, was removed from the bench for the next hearing. Delhi riot cases are going on even as organisations like Amnesty are compelled to leave India.
So, we in a predicament where Arnab Goswami has freedom of expression but not Anand Telbumbde or Sudha Bharadwaj, who continue to languish in the over crowded jails with courts showing little concern about their conditions. For smaller issues people are facing serious charges, but courts have not been able to contain the high-handed police who are being encouraged by the ruling party leaders to go after opponents.
The Ayodhya verdict did not surprise me. It might have surprised many who were expecting miracles but not those who have seen the trends in the air. There is enough poison in the air and we hope the political climate will change and people will stand up and speak against wrongs. Let us hope that ultimately our institutions and our courts will respond aggressively on these issues and seek accountability. Some of the high courts have done commendable work in this regard.
The demolition of Babri Masjid was a crime against our constitution and its values. These are well-documented facts and we hope one day the truth will be legally accepted. We don’t know how long this battle will be fought, but what is important is that, legally, it has been accepted that a wrong-doing has happened which endangered our national integrity and unity of our people.
---
*Human rights defender

Comments

TRENDING

'These people shouldn't be in jail': UN official seeks release of 16 human rights defenders

By Our Representative A United Nations human rights official has called upon the Government of India (GoI) to “immediately release" 16 human rights defenders who have been imprisoned on charges of terrorism in the Bhima-Koregaon Case, insisting, “These people should not be in jail. They are our modern-day heroes and we should all be looking to them and supporting them and demanding their release.”  

Arrest of Fr Stan Swamy: UN makes public letter seeking explanation from Govt of India

Counterview Desk In a letter to the Government of India (GoI), three senior United Nations (UN) officials – Elina Steinerte, vice-chair of the Working Group on Arbitrary Detention; Mary Lawlor, special rapporteur on the situation of human rights defenders; and Fernand de Varennes, special rapporteur on minority issues – have said that the arrest of veteran activist Father Stan Swamy in October 2020 marks “the escalation of harassment the human rights defender has been subjected to since 2018.”

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Farm laws 'precursor' to free trade deal envisaged by US corporates to allow GMO

By Rajiv Shah Did the Government of India come up with the three farm laws, first rushed by promulgating ordinances in June 2020, to not just open the country’s agricultural sector to the corporate sector but also as a precursor to comply with the requirements of the United States for a Free Trade Agreement (FTA), as envisaged by the outgoing US president Donald Trump?

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Differing from Ambedkar, Kancha Ilaiah holds a 'different' theory of caste system

By Banavath Aravind* I was introduced to Kancha Ilaiah’s work when I was about 20 years old. He was then in the midst of a controversy for a chapter in his book "Post-Hindu India: A Discourse in Dalit-Bahujan, Socio-Spiritual and Scientific Revolution", which termed the Baniya community as social smugglers. During many of his debates, I had come to notice his undeterred fighting spirit in trying to bring up certain fundamental social issues that were hitherto undiscussed. I eventually came across some of his works and started reading them silently. I’m deliberately stressing upon the word ‘silently’ here, as this was the kind of silence particularly associated with sensitive social issues like caste, religion, etc. But, as I write this essay, I feel silences on sensitive issues should be broken. Ilaiah opened up an entirely new debate that had the vigour and strength to counter the systemic Brahmanism. His methods of research were also novel in terms of going back to the roo

Fr Stan's arrest figures in UK Parliament: Govt says, Indian authorities were 'alerted'

London protest for release of Stan Swamy  By Rajiv Shah Will Father Stan Swamy’s arrest, especially the fact that he is a Christian and a priest, turn out to be major international embarrassment for the Government of India? It may well happen, if a recent debate on a resolution titled “India: Persecution of Minority Groups” in the United Kingdom (UK) Parliament is any indication. While Jesuits have protested Fr Stan's arrest in UK and US, the resolution, adopted in the Parliament, said, “This House has considered the matter of persecution of Muslims, Christians and minority groups in India”.

New trend? Riots 'expanded' to new rural areas post-2002 Gujarat carnage: Report

A VHP poster declaring a Gujarat village part of Hindu Rashtra  By Rajiv Shah  Buniyaad, a Gujarat-based civil society organization, engaged in monitoring of communal violence in the state, in a new report, “Peaceful Gujarat: An Illusion or Truth?” has said that a “new trend” has come about in communal violence in the state, where the parts of Gujarat which didn't see communal riots in 2002 are experiencing “regular bouts” of communal violence.

More than 5,200 Gujarat schools to be closed down, merged, says govt document

RTE Forum, Gujarat, releasing fact-sheet on education By Our Representative A Gujarat government document has revealed that it is planning to close down 5,223 schools in the name of school merger. The document, dated July 20, 201 was released by the Right to Education (RTE) Forum, Gujarat. It shows that the worst-affected districts because of this merger are those which are populated by marginalized communities – especially tribals, Dalits and minorities, said RTE Forum’s Gujarat convener Mujahid Nafees.

Consumption pattern, not economic shock behind 'poor' child health indicators

By Neeraj Kumar, Arup Mitra* The findings of the latest round of National Family Health Survey (NFHS-5) conducted in 2019-20 covering 22 States/UTs under Phase-I  present a somewhat disappointing picture of children’s health in India. Majority of the experts, based on prima facie evidence, just highlighted the deteriorating sign of child health in terms of increase in proportion of stunted and underweight children in most of the phase-I states/UTs over last two rounds of NFHS (2015-16 to 2019-20).