THE FROZEN BENCH OF SUPEREME
COURT; THE AYODHYA DISPUTE
By Piyush Kumar Roy
The Ayodhya dispute has remained the bone
of contention in the country and it can be phrased as a dispute since time
immemorial. The dispute of land has depicted its various evil facets in the
country in the form of hate crimes severe internal violence in the nation.
The constitution bench of Supreme Court has
rescued himself from hearing the issue on urgent basis and reaching a valid
conclusion at earliest for the sake of peace in the nation. the judiciary of
India as an institution of justice bears huge liability of the trust and faith
reposed by the citizens of the nation. The element of justice not only includes
equality and social justice but its essence also lies in speedy justice.
The verdict of Allahabad ( now Prayagraj) High
Court was pronounces in the year 2010 but, was not able to satisfy the nation
in consonance to which the verdict was challenged in the Supreme Court and till
date it rests on the “Frozen Bench” of the apex court.
Recently, the constitutional bench of the
Supreme court has referred the dispute for mediation. The court stated that
mediation is a hope for a permanent solution, but the point to be noted here is
“the duration” for such permanent solution.
Immediately after the order of the
court arose huge dissatisfaction in the nation. The Hindu groups stiffly opposed
the decision by saying that this is not merely a property dispute, but is
concerning with the faith of the country men. The apex didn’t appear too very
determined on the decision as, Justice D.Y Chandrachud wondered how any such
mediation can bind millions of persons belonging to several religions as he
stated that issue was not a dispute between two parties.
The lacunae which was pointed out in the
Allahabad High Court’s verdict was that, the court was not able to examine the
translations placed as evidence before the court. The CJI made remark on the
issue of translation and said that the court will not waste its time if parties
are not agreeable on translations and referred the dispute for mediation. The
move by the apex court showcases that court has somehow tried to delegate its
liabilities and burden on the panel selected for mediation because, the
relevance and authentication of documents must be endorsed by the court as it
is very imaginative that the parties in dispute shall agree to any of the
conclusion & there is a probability that it may lead to further dispute.
The dispute being pending for a very long
time, is leading to other problems in the nation which is in contravention to
the principal of social justice. Recently seven persons who claimed to be the
followers of Sanathan Dharma and worshippers of Lord Rama has challenged the
acquisition of land by Central Government which ranges to 67 acres, adjacent to
disputed site. The petitioners argued that such acquisition does not come
within the legislative competence to enact the law, as the land is an exclusive
subject matter of state. They submitted that the land is acquired at the cost
of the Hindu sentiments and has infringed their right to religion guaranteed under
Article 25 of the Indian
Constitution. The pendency of the dispute has not only lead to legal claims but
has also helped the political parties to develop propaganda for the elections
which has led to communal violence in the nation. The prolonged pendency has
suppressed the basic values of our holy constitution. My mind goes back to
speech of Justice Chandrachud in Bombay Bar Association on why Constitution
matters. Justice said that with every infringement of rights of the citizens
and with every misshaping of communal violence and denial of power to love
people on grounds of religion, cast and community; the constitution weeps. The
words by him is highly commendable and proves its relevance on the foregoing
dispute but unfortunately, “His Lordship” is not able to comply with his own
words while sitting on the bench.
The extremist Hindutva oriented political
parties has enjoyed a lot due to the pendency of dispute as it has turned out
to be a never depreciating, vote extracting machine. The hate crime has gained
its momentum in the country which has led to poor relation between Hindus and
Muslims in the land of Krishna and Kabir.
India which has been recognized across the
world for its philosophy of Sarva Dharma Sambhav (respect all religion) has
been adversely affected, due to the situation of conflict between the two major
communities. It is very unfortunate for our nation, which is governed by the
Constitution that believes in diversity and plurality that matter of religious
nature has been able to gain political momentum. The common man, of Hindu and
Muslim community is less excited for the final solution and is much more afraid
due to disturbed atmosphere of disharmony and violence.
The extremist group from both the communities
is acting as a catalyst in this burning issue. The Vishwa Hindu Parishad
leaders had many a times declared that, their sole interest lies in a
construction of the temple which goes against the sanctity of the court and
similar declaration is made by members of Babri Mosque Action Committee and
Muslim Personal Law Board in which, though they expressed the willingness to
abide by the court but at the same time also mentioned that they are not
prepared for any compromise about their plan to rebuild the mosque at the
disputed site. Both of the statement contradicts each other which clearly
reflects that decision of court would not lead to any particular solution.
It is noteworthy from the study and
attitude of two major stakeholders that any negotiation or meditation as ordered
by apex court can meet the ends the justice. The apex court has to consider the
issue as matter of national sentiments, instead of religious or political
persisting issue in the country. The complexity of the issue also reveals that
any strong judicial verdict shall not resolve the issue at the root level
because, any win or loss situation shall lead to further internal conflict
which may outburst as situation of national crisis, therefore after properly
examining the verdict of Allahabad High Court the apex court shall
expeditiously pass its verdict which shall bring both the communities ad idem
which is only possible if interest of both contenders are taken into
consideration. The apex court may opt for any middle path such as construction
of national monument of peace which shall vindicate the faith of both the
religion without interfering with their sentiments or the edifices and
monuments ad-joined shall display the old and rich heritage of our pious
motherland conforming with national sentiments without any discrimination.
REFERENCES:
(article dated: march
26,2019, 11:10 am)
(article dated: February
4,2019, 04:43 pm)
2 The Hindu
By Dr K. Hussain ’A solution
to Ayodhya Dispute’
