By Md. Ali, TwoCircles.net
New Delhi: “It’s a verdict which has ignored the basic question which it was essentially supposed to answer in the first place – that is the question of Title Suit,” this was how SQR Ilyas reacted to the verdict of the Ramjanambhoomi-Babri Masjid title suit which was delivered by the three-judge Lucknow bench of Allahabad High Court yesterday.
Not a case of “Time Barred”
Talking to TwoCircles.net few hours after the pronouncement of the verdict, Mr. Ilyas pointed out that, the court rejected the claim of Sunni Wakf Board saying that it was a case of “time barred”. But the question is, he asked, that had it been the case, the court should not have admitted the Board’s case in the first place; the fact is that the Board had filed the case in 1950, much before it could have become a case of “time barred”. Expressing his surprise Mr. Ilyas further said, it’s completely incomprehensible on what basis the Allahabad HC rejected the Board’s claim.
Why Muslims given land at all?
It’s completely beyond comprehension that if it was a case of “time barred” then why Muslims are being given one third of the land at all, Mr. Ilyas further said. This clearly explains that the judgment was a political “distribution” of land on a completely illogical basis.
Facts and evidences ignored
Land records, revenue records, FIRs, statement of the Commissioner of Faizabad and that of the state government and letters of Jawaharlal Nehru to Govind Ballabh Pant, the contemporary CM of Utter Pradesh, among other evidences, collectively prove that till 1949, there existed a Mosque in which idols were put; but in spite of these hard and strong evidences the court pointed out that Muslims don’t have any claim over the land, he further said.
Making a completely legal point Mr. Ilyas said that even if we suppose that there existed a temple there before 1528, that land belongs to Muslims only on the basis that there was a Mosque for more than 450 years which was completely unclaimed by the Hindus according to Indian Laws itself. But in spite of this clear legal provision, it’s not clear on what basis the land is being given to Hindus.
After reading the complete judgment the All India Muslim Personal Law Board (AIMPLB) might approach the Supreme Court and take a stay on this verdict by the HC, Mr. Ilyas further announced.
Set back to secular tradition and diversity of India
The Allahabad High Court verdict is a setback to the multicultural and civilizational secular heritage of India, said Dr. Manzoor Alam, general secretary of the All India Milli Council.
It was not a judicial verdict; instead it was a political judgment which ignored the evidences and was further more a faith oriented decision, he further said.
Calling it ‘a bad precedent’ for a secular country like India, Mr. Alam said that this verdict can encourage other courts to pronounce judgments based more on faith than hard evidences.
Terming the judgment as “amazing” Mr. Alam pointed out that ‘it seems that the verdict was more aimed at pleasing everybody by giving a verdict of ‘political compromise’ than taking a hard decision on title suit.
Litmus-test for religious freedom
More importantly he also pointed out that the verdict has also given few more reasons for the minorities to worry about religious freedom in India.
It was a “litmus-test” whether religious minorities can live without any pressure from the majority community in the country. But unfortunately the verdict was a bad instance of Indian secular tradition and multiculturalism precisely because it seems that the majoritarianism and the need to avoid violence backlash in case of majoritarian anger indeed influenced this judgement, Mr. Alam further pointed out.
Trust in Judiciary smashed
“Today my trust in judiciary has smashed. I used to think that we have a law abiding and a neutral judiciary but the verdict proved that we have a political and Hindu Judiciary,” said Dr. Zafarul Islam Khan, Editor Milli Gazette in his reaction to the verdict.
Terming the behavior of the governments at the Center and in states suspicious, Dr. Khan pointed out that while most of the Muslim groups had categorically assured that there won’t be any violent reaction from the community to the verdict, whatever it may be, still the government put almost a quarter million police force in Muslim mohallas and colonies; which acknowledges the fact that the government might not be as innocent as it appears to be.
No protest by Muslims
All the Muslim leaders including QR Ilyas, Dr. Manzoor Alam and Dr. Zafarul Islam Khan appealed to the Muslim community not to resort to any kind of violence in response to the verdict as it will only harm the peace and communal harmony and consequently the community itself.
Terming the judgment as “not final” SQR Ilyas said that a door to the SC is open which can be approached for the review of the verdict.