By Nazimuddin Farooqui
(Scholar, Columnist, Analyst, Opinion leader, & Social Worker)
One of the most important decisions of the Supreme Court in the history of India has delivered on November 9, 2019, in the case related to Babri Masjid. The historic beautiful mosque built in 1528, with the end of the Mughal era, the conflict for the acquisition of the place started in the British era itself. It came under the focus of the hardened Hindu, masters, and priests of the area. From 1880 onwards, outside the Babri Masjid, Puja was sometimes performed. Given the importance of tolerance and inter-religious harmony first, Muslims neither objected nor took any action against the Puja of Ram Lalla.
The Muslims continued to pray peacefully at the Babri Masjid until the night of December 22, 1949. On the Mid-night of 22 and 23 December 1949, the night when the statues were placed inside the mosque under its central dome. It was noticed at the time of Fajr when the Moazzen entered the mosque he saw that the idol was kept and someone has performed the puja. a complaint was lodged in the police station, it was said that please wait we will take action according to the instructions from the government. The case went to court and Muslims were denied any relief. Court locked the mosque and took custody of the mosque. In the era of Rajiv Gandhi in the year 1986, the great controversy of the Shah Bano case was in the country and the demands made by the Muslims were accepted by Rajiv Gandhi. At the same time, the Congress cleverly opened through the district court the Locked door of Babri Masjid to appease the Hindus and the puja started taking place loudly in the Babri Masjid.
At that time, the Sangh Parivar was politically very weak from (1984-1989.) In the 8th Lok Sabha, there were only two BJP seats. On October 23, 1989, Ram Rath Yatra was started under the leadership of L.K. Advani As soon as the Rath Yatra reached the ‘Sammasti Pur’ the then Chief Minister of Bihar Lalu Prasad Yadav issued orders that all the leaders of the Rath Yatra to be arrested. At that time there was Janata Dal Party Minority government in power at the center & V.P. Singh was the Prime-Minister. The arrest of L.K. Advani was too much for the BJP to digest hence they withdrew their support to the government of Vishwanath Pratap Singh in protest.
The Vishwanath Pratap Sing’s government could barely rule for 11 months 8 days (2 December 1989 to 10 November 1990). In the 10th Lok Sabha elections of 1991, the BJP crossed the target of over 100 seats. Hence Vishwa Hindu Parishad started again in October 1992 under the leadership of L.K.Advani, ‘Ram Mandir Rath Yatra‘ with millions of ‘Kar sevaks’ rallying behind them. At that time Narsimha Rao was the 10th Prime Minister of Congress in India. Despite all the confidential information, about what is going to happen to Babri Masjid Neither the Government of Narsimha Rao nor the Government of Kalyan Singh tried to take measures to prevent the demolition from taking place. As both the governments did little to prevent the demolition from taking place. On the 5th of December 1992, all the leading Muslim leaders of the country met Narsimha Rao, expressing their deep concern over the information received from reputable sources about the demolition of Babri Masjid by Kar sevaks. The Prime Minister assured that nothing like this would happen. In his book ‘Half Lion’, Vinay Sitapati revealed that the government could have stopped Kar sevaks if it wanted, but the Kalyan Singh government had maintained a criminal silence and gave Kar sevaks a complete waiver and the world saw how in the broad daylight a historical 4 hundred-year-old ancient mosque was martyred & demolished.
A wave of anger erupted across the country and wherever Muslims tried to protest, Muslims were arrested by the government, baton charge, tear gas, firing and mass arrests crushed the protests. In many cities and villages, riots broke out. In January 1993, the worst riots occurred in Mumbai in which around 800 people were killed, thousands of women raped and houses were reduced to ashes. A series of arrests of innocent Muslim youth began for years of incarceration on false charges. Some were released after being found innocent after 10-15 years.
5 dates will never be forgotten in India even by future generations:
- The night of December 22, 1949, when the statue was placed in the Babri Masjid by breaking its lock.
- On1st February 1986, when the district court allowed the lock of the mosque to be opened and allowed worship of Deity Ram in the mosque.
- On December 6, 1992, millions of Kar sevaks stormed & mounted the mosque and demolished the Babri Masjid.
- On November 9, 2019, the Supreme Court seized the ownership of the mosque from the Muslims and handed it over to the Deity of Ram Mandir, blowing into pieces the judicial system and denying justice.
- On10th November when Muslim leaders met with National Security Advisor.
Was it possible that the second term of the BJP government was in power with its absolute majority in Lok Sabha and any court in the country would issue a Negative verdict against their agenda and policy? In a great country, the courts also have some formalities and paperwork, under its pretext, Muslims have been deprived of their historic rights of religious inheritance based on some vague views on which the judgment was delivered by the Supreme Court of India.
Recent Supreme Court judgment on Babri Masjid is highly disappointing: Hindutwa Movement is celebrating its victory at home and abroad as soon as the Supreme Court issued its verdict in favor of Ram Janam-Bhoomi. Prime Minister Narender Modi said that this decision has started the golden chapter in the country. There are many contradictions in the decision of the Supreme Court. There are three important things to be said about the decision.
1) According to ASI below the construction of Babri Masjid, the building has rubble but it could not be proved that a temple was demolished and the mosque was erected in its place.
2) On the night of December 22, 1949, it was illegal to enter the mosque & to place the statue of a deity in the Mosque.
3) The destruction & demolition of the mosque on December 6, 1992, by (Kar sevaks), was also illegal. And there should be legal action against those culprits who carried it out.
When the 5-member bench has declared the mosque’s demolition as an illegal act by placing an idol, then the bench has handed over the mosque, ignoring all the facts on the basis of Hindu beliefs, handed over in exchange for the site of their crime of Babri Masjid. Forcibly Muslims have been stripped off permanently of the right to ownership. When the three factors mentioned above are illegal then transferring the ownership of the land in favor of the temple is the ridiculous decision of SC.
Giving criminals the title of land as a reward for their abominable crimes is a gross legal and constitutional error. That is going to leave a far-reaching impact on the judiciary and constitution. Hundreds of mosques are under threat due to this decision and legal steps can be taken in an above-mentioned manner to take possession of them, BJP and RSS leaders have repeated it over and again after the verdict.
The decision is supported by all secular parties: The Congress, the largest political party that touches the country’s political horizons, secretly pursued the Ram Mandir’s agenda in 1949, 1986, and 1992 in secret collaboration and conspiracy with RSS has been exposed to the world. The so-called Congress and other regional small political parties, who considered the endorsement of the rights of Muslims a headache who is 15%, also openly supported the unprecedented decision of Ram temple in Ayodhya. The congress and rest all the secular parties have become morally and constitutionally so bankrupt they have lost the courage to call the injustice an injustice and support the Muslims in the legal and constitutional battle for their civic rights. They are running away from Muslim Minority and standing by the side of the persecuting forces of Hindutwa hoping to come back in power in the future as Anti-Muslim Party.
Secular Right-wing intellectuals illuminate the name of Indian society:
On the one hand, a large number of so-called Muslim leadership and religious parties took to beating the drums of peace instead of talking about the issue; they continued to lure the Muslims through repetitive sentences like peace and prosperity. On the other hand, 80% of the country’s English newspapers and non-Muslim judges, journalists, social activists, high-ranking former government officials openly voiced their opposition to the decision. Justice AK Ganguly even said that “the decision was not in favor of India. None of the supreme courts of any secular country can afford to issue a judgment based on gross injustice” he then described the defects in the verdict.
The Deccan Chronicle published on November 9, 2019, a special issue, with pictures of the demolition of the mosque on December 6 and other important articles besides the Chronicle of November 10, 2019, and Hindu November 11, 2019, Editorial is a must-read. Siva Kumar Murli Dharan is a professor of journalism at Jindal Global University, whose article is related to a study published in the November 11, 2019 “A reward for egregious violation” a must-read.
The Hindu November 12, 2019, articles by C. Ram Chandra Reddy, Faizan-e Mustafa, and Yamin Mohammed, and Upendra Baxi a legal expert, in which the former Justice of the Madras High Court, Hindustan Times, and National Herald criticized the decision and expressed disappointment. In addition, millions of non-Muslim intellectuals are issuing statements in support of Muslims in social media. Paro Anand Professor Jawaharlal Lal Nehru University said that this is a black chapter of the history of independent India minorities in India who have never been treated unfairly on such a large scale. Other intellectuals think that the rights of Muslims are being legally stripped one by one. This is a dangerous trend. If Muslims raise their voices against it, then Muslims can come under more hardships in this country.
The country has an atmosphere of panic prevailing among all political & religious parties, but there are still strong circles that strongly oppose the demolition of Babri Masjid and handing over of ownership right of the land to the Ram Mandir.