TCN News
The Babri Masjid dispute, a landmark issue in Indian judicial and political history, has remained a contentious topic for decades. Justice RF Nariman, a retired Supreme Court judge, recently addressed the lack of secularism in the judgments surrounding the dispute. He criticised the 2019 verdict in the Ramjanambhoomi-Babri case that cleared the way for the construction of the Ram Mandir at the site where the Babri mosque once stood.
Speaking at the First Justice AM Ahmadi Memorial Lecture, Justice Nariman argued that a “great travesty of justice” occurred when secularism was not given its due importance in these rulings. The 2019 judgment, he said, “disregarded” the secular principles enshrined in India’s Constitution.
Justice Nariman elaborated on the chain of events following the mosque’s demolition in 1992. He mentioned the government’s actions, such as the appointment of the Liberhan Commission and the controversial Ayodhya Acquisition of Areas Act. He also discussed past Supreme Court decisions, like the 1994 ruling on the constitutional validity of the acquisition act, where a divided court upheld the status quo, allowing Hindu prayers at the site.
Justice Nariman found it troubling that despite the court acknowledging the mosque’s illegality destruction, it still permitted the temple’s construction at the same location. He pointed out the Court’s findings on historical prayers conducted by both Hindus and Muslims at the site, only for the Court to conclude that the land belonged to Hindus due to contested ownership, despite violations of the law by Hindu groups.
In his critique, Justice Nariman highlighted the absurdity of offering an alternative plot for a mosque as a form of “reparation” rather than rebuilding the original Babri mosque. This, in his view, was another miscarriage of justice that ignored secularism. He also commented on the acquittal of those involved in the Babri demolition conspiracy, lamenting the appointment of the acquitting judge to a prominent post post-retirement.
Despite his discontent, Justice Nariman acknowledged a “silver lining” in the 2019 ruling: the upholding of the Places of Worship (Special Provisions) Act, 1991.
He urged the judiciary to apply the principles from this judgment across the country to prevent further religious disharmony, citing the rise in suits against mosques and dargahs as a growing concern.
Concluding his address with a call for preserving India’s tradition of tolerance, Justice Nariman quoted Justice Chinnapa Reddy, saying, “Our Philosophy preaches tolerance, Our Constitution practices tolerance, let us not dilute it.”