Babri Mosque

On September 30, 2010 Lucknow bench of Allahabad High Court declared most awaited verdict of Babri Mosque. The judgement runs into 8,142 pages as analysed herein below:

Judge No of pages % of pages

S.U. Khan 285 4%
D. V. Sharma 2,639* 32%
Sudhir Agrawal 5,218* 64%
Total 8,142 100%
*confuse them if you can’t convince.

In Sum. Two Judges (S.U. Khan and Sudhir Agrawal) ruled that disputed land should be divided equally among Muslim, Hindu and Nirmohi Akhara. Ld. J. Dharam Veer Sharma ruled that Babri Masjid cant have character of Mosque as it is against the tenets of Islam. Ld. J. S.U. Khan ruled that Babri Masjid was Babri Masjid and no proof is there that this was birth place of Ram and Ld. J. Sudhir Agrawal relied on the faith and belief of Hindus to declare that place as birth place of Ram.

It is, merely, insolvency of mind that Ld. J. Dharam Veer Sharma relied upon (and cited also) Quranic verses and Hadis (prophet saying) to justified that Baabri Masjid is against the tenet of Islam. Undoubtedly, he is not an expert of Quran/Hadis or typical Islamic provisions. He is expert of law and better he should have confined himself to law of land. His noted conclusion is as follows:

“The disputed building was constructed by Babar, the year is not certain but it was built against the tenets of Islam. Thus it cannot have the character of Mosque.”

Also, while he was justifying the undisputed land as Birth place of Ram he looks hypnotized. Culmination on the basis of fanciful argument is there. Words are full of spirituality. In the domain of law and justice- sprit follows the letter, however I agree if you are in temple it should be vice-versa. Law is always above sprit in the court of law. He quoted as follows:

“The disputed site is the birth place of Ram. Place of birth is juristic person and deity. It is personified as the spirit of divine worshiped as birth place of Lord Ram as a child. Spirit of divine remains present everywhere at all times for anyone to provoke at any shape or form in accordance with his own aspirations and it can be shapeless and formless also.”

Now come to the Ld. J. Sudhir Agrawal, he relied upon faith and belief of Hindus: quoted as- “It is declared that the area covered by central dome of the three dome structure being the deity of Bhagwan Ram Janamsthan and birth place of Lord Ram as per faith and belief of Hindus belongs to them.”

It is worthy to mention Mulayam Singh Yadav statement, his reaction to the judgement, “Desh kanun se chalaye jate hai vishwas se nahi” (Countries are governed by law not by faith/belief/spirit).

Factually (accepted by all learned judges and independent mind except Rashtriye Sevak Sangh-RSS), Babri Masjid was Babri Masjid. City Magistrate of Faizabad attached the Masjid on December 23, 1949 (that day Friday prayer was offered) under section 145 of Cr.P.C. to avoid dispute/maintain law and order. It was Government who took custody and prohibited prayer (namaz) just after two year of independence and Muslims never get it back from Government. Properties should not be snatched under the gauge of Cr. P.C. 145. This section is just to maintain law and order not to allow demolition/possession of rivals.

I am not averse to decision as long as it relates to build any temple except on land after demolition of any religious place. Governments should not allow demolition of one religious place to build another religious place. Judiciary should not close it’s eyes; to not to see the mockery of law.

It is most appropriate to quote Fidel Castro Speech (given in 1953 to defend himself -rather to expose tyranny of ruler, as he sought Jail not release in his relief plea)

“And so much talk to justify the unjustifiable, to explain the inexplicable and to reconcile the irreconcilable! The regime has reached the point of asserting that 'Might makes right' is the supreme law of the land.

All judges and courts are under the obligation to find solutions to conflicts.........................No matter how venerable a court may be, it cannot assert that circles are square...

Remember that today you are judging an accused man, but that you yourselves will be judged not once, but many times, as often as these days are submitted to scrutiny in the future. What I say here will be then repeated many times, not because it comes from my lips, but because the problem of justice is eternal and the people have a deep sense of justice above and beyond the hair splitting of jurisprudence.

The guilty continue at liberty and with weapons in their hands - weapons which continually threaten the lives of all citizens. If all the weight of the law does not fall upon the guilty because of cowardice or because of domination of the courts, and if then all the judges do not resign, I pity your honor. And I regret the unprecedented shame that will fall upon the Judicial Power.”

I agree with his words.