The Verdict

The  Verdict

With a few hours to go on the Babri masjid  verdict to be pronounced speculations are rife and fantastic aspirations  ranging from climax to anticlimax are doing the rounds. Surprisingly and fortunately there were no popular surveys of the opinions by media as to whether the verdict will be favourable to            a ,b or c

While I am not an expert on religion,politics or constitutional law ,commonsense and wisdom tells me what the verdict would be or atleast ought to be.I will make a fair attempt to detail point wise the likely text of the matter as I would like to go on record of voicing the consciousness and conscience of the judiciary and the general thought process that ought to go withingn the framework of the democratic principles on which the law of the country stands glorified and embossed.

The following point will make up the gist of the verdict:

1)      The verdict will run into thousands of pages and although the preamble and main body will be a substantial part the summary ought to be precise ,conclusive and succinct.

2)      The preamble will trace back the relevant history of the subcontinent especially the Muslim Invasion

3)      This History will be based on the archives of Historical Survey of India,Archaeological survey of India and the Halafnamas of the various sultanates and Mughal rules,ratified by forensic and scientific evidences wherever possible.

4)      It will dwell on the socioeconomic and religious aspects of medieval india and list down without any regret or remorse the number of Temples destroyed and their dates during the Muslim

5)      It will also list down the number of masjids and places of worships destroyed by the Hindu rulers all over India without remorse of regret.

6)      Then the matter will shift to the Babri Masjid and it will trace the history about its erection and the religious relevance of the same during the rule of Babur and  subsequent rulers.

7)      The status of this Masjid during the British Rule will be clarified and the various litigations between the contenders during the British Rule will be recorded from the court and press archives.

      Having done this very systematically and meticulously the honorable judge will then based on police records and witnesses trace the events on the fateful day when it was brought down by the extremist vandals .

9)      It will implicate the political parties directly or indirectly responsible for the act and also implicate the local government to anticipate and eventually handle the law and order situation that rose leading to the final desecration and destruction of the holy place.

10)   Then the text will detail the numerous proceeding in the courts and parliament which led to formation of the bench which has been working indefatgualbily for so many years keeping in mind the most sacred tenets of natural and learned justice to rise to the situation not to appease any party but to upholds the spirit of secularism ingrained and immortalized in the constitution of India .

11)   This will be refered specifically as a progress from medieval feudal state to modern secular and global state of which the country is distinctly a part and  the context of the 21^st century will be highlighted

12)   While indicting specified persons who failed to contain the disaster  the court will take a lenient attitude stating that the act was symbolic of reciprocating the destruction of many temples in the past ,it will state that exoneration will be as a retribution to the damage to the conscience of the aggrieved parties in the past.

13)   Having made this clear the court will than go to constructive aspect of secularism and refuse the concept of the place being sacred to any one community and also refute any suggestion of building a memorial or any utilitarian monument due to impartibility and feasibility of its usage while maintaining the honor of the state and the country as uppermost impartially .

14)   The court will than direct the possible correct responses of honorable citizens of the country and  while admonishing reactionary elements  recommend the matter to be buried once for all and take a resume on net cost of the conflict in terms of money and human losses.

15)   Lastly it will direct all religious bodies and parties to adopt a resolution never to make any attempt to do any misdeed to arouse emotion against other community and work towards the ultimately progress of the country and its people.

 Tailpiece 1: 07/10/2010.In retrospect now that the verdict of  High Court has come ,it is clear that what I expected actually was the supreme court verdict.In the judicial hierarchy it seems that one has to keep the ultimate verdict reserved for the supreme court,even if a lower court desires to give a final clear verdict the issues will depend on what has been mentioned in the complaint and FIR lodged.The high court has thus tried to simplify the issue to one of  a property dispute.It is not. But construed to safeguard the interest of all contenders and preempt direct confrontation.The matter thus was diluted and the litigation waylaid.This does not look to be a judicial conspiracy but mere mediocrity of a lower court that matters be made out as simplistic for dispensation of justice.In keeping with this principle the disputed land was distributed to the Wakf board,to the Tempple trust and to a certain Akhara which is hindu too.Two thirds of the land goes to th Hindus and One third to Muslims.This probably is based on the strength of the evidence presented to the honourable judges about the ownership of the land.The side tracked issue was : What are we going to do with the Vandals.Are we going to book them or let them loose so that they get the courage to desecrate another mosque? Many things remain unanswered ,essentially to let the matter percolate to higher denomination courts to sound reasonabe and just!