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:

1        www.livelaw.in

(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’