LEGITIMISATION OF FAITH& BELIEF
On December 1949, one person kept the idol of Ram exactly under the middle minaret of the mosque. When an FIR was lodged and the mosque was locked by the police. Later Mr. Rajiv Gandhi, the then Prime Minister got unlocked the locks of the mosque. The political parties got a main issue for there vote bank. Finally, in 1992 the BJP led kar-sevaks demolished the then Babri Mosque and razed the 500 year old ancient mosque built by Babar (a Mughal emperor). This rally of kar-sevaks was lead by the BJP and its leaders, who all are still free and are without any taint running there political garage.
The Hon’ble Allahabad High Court on 30th September performed an ordain, instead of passing an order. The Babri Masjid – Ramjanmbhomi disputed matter was decided by the High Court on the basis of belief and faith of the majority Hindu community. But the Hon’ble court did not bothered to look over the ordeal, angst, grief of the Muslim minorities of India. This 2-1 judgment has legalized the demolition of the 500 year old defenseless, ancient, Babri mosque in December 1992, which later resulted into riots in the country. The court dismissed the title of the suit for the disputed land of Ayodha, and held a trident division of the sacred, pious, religious mosque. Whereas, no party to the suit has ever demanded any kind of division of the disputed land nor it was anybodies contention. The court has introduced its own case, which is itself a history. The court decided the matter ignoring the restitution of the pre-existing state of affairs, which stands as the most essential and fundamental rule of justice in any court of law. The court divided the ancient mosque and awarded 2/3rd land to the Hindus and 1/3rd land to the Muslims. Where the court has violated the standard itinerary of equality, as enshrined in the Indian Constitution. The court divided the land on belief and faith, and did not bothered to look on to the evidences, on which usually any court works.
In the 3-judges bench, the minority opinion judge, Justice Mr. Sharma, clearly stated that Ramji is a religious deity and was born at the disputed land. He has used the word “disputed land”, which is the middle or centre minaret or dome. Hon’ble Mr. Karunanidhi, Chief Minister, Tamil Nadu, has marked that we do not know the place of birth of one of the king of south, named Raja (who was born 1000 years back), whereas Justice Sharma laid that Ram (who was born in 5114 BC) was born at that specific disputed place only. Even the BJP, VHP and other Hindu fanatics know that Ram was born exactly on the disputed place i.e. centre minaret of the mosque. Justice Mr. Sharma spoke the words of the BJP, VHP and other saffronized political parties. He lay’s that the Hindus used to worship in the outer and inner courtyard of the disputed land. This inner courtyard is the place were the Imam used to stand and preside the prayer in a 500 years old mosque.
The other two judges, who came to the majority side of the judgment, came with the division of the disputed 2.77acres land. The land has been divided into 2/3rd to the Hindus and 1.3rd to the Muslims. But both the judges of this bench divided the land on the basis of belief and faith of the Hindus. Maybe the court have even held that the Muslims does not have any belief and faith towards there religion. A celebrated and world fame historian Romila Thapar has commented, “The judgment has annulled the respect for history and seeks to replace it with religious faith”. She even said, “This judgment will create a precedent in court of law and lands can be claimed by declaring it to be the birthplace of divine or semi-divine being worshiped by a group of people”. And lastly she added, “We cannot change the past to justify the politics of present”. A common Muslim of Hyderabad claims that he belief and holds faith that the Charminar, Mecca Masjid and Andhra High Court are his property, in reaction over the judgment.
In the history of human society no one would have ever seen any judgment being decided on belief and faith instead on evidence. The mosque has been razed and since after the order of the High Court the ASI for the excavation of the site, to find out whether there has been ever a temple or not? Whereas the ASI deleted the word “whether” used by the court and concluded there has been a massive temple. And the mosque was built over the ruins of that temple. The ASI has been criticized and proved wrong almost by every historian of India; some of them are the awardees by the Government of India. Whatever structure of mosque was left at 1992 was later razed by the ASI. There is no evidence of the 500 years old mosque today. But the idol of Ram is still there, at the place of central dome of the mosque. And the place is marked by saffron flags. The ASI left nothing, no evidence but the idol is still there at its place. Maybe the ASI never needed to excavate the central dome, the real disputed place and reports of ASI have been completed, on which the judgment came. This judgment of the Hon’ble High Court must have kept the belief and faith of the Hindus, but it has really pulverized the belief and faith of the Muslims of India.
LAW FROM FACULTY OF LAW ALIGARH MUSLIM UNIVERSITY AMU , ALIGARH, UTTAR PRADESH LUCKNOW
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