Thursday, October 7, 2010

Whose WIN Was This After ALL??

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When politicians were anticipating a breakdown and the world was waiting for a chance to laugh on India, Indians essayed that they have really moved on. Indians proved that they are mature enough to give a Constitution to themselves and a true peace loving people we are…
RSS chief Mohan Bhagwat said it is No one’s win or loss. I also thought that day; it is a good and balancing judgment. Balancing in the sense that: Court accepted the disputed land as Ramjanmabhumi but didn’t give the whole right to Hindus and divided it into three parts. Similarly, as a student of jurisprudence, I was taught in my class “Possession is the 9th point of ownership”, but here Muslims were given the partial right. When my friend argued it to be pleasing judgment in front of that boy’s hostel of KLS, I was arguing it to be reconciliation. But today… though I am not in disagreement, not in agreement either…
After mid sem exam, when I was going through the unread magazines and papers of old dates, I came across an article of Saba Naqbi asking Was this the majesty of the law or the primacy of faith? It was argued that the basis for reaching the conclusion that the dispute land was Ramjanmabhoomi was just the belief of Hindus. ‘Surprise was my first reaction’, taking the words from Vinod Mehta’s mouth. All my calculations went wrong…
My question is CAN FAITH GIVE PROPERTY RIGHT to someone? If court says Yes. Its alright. But court should rethink before answering it affirmatively, as that will open the floodgate of litigations. It will be a stupid question, if I ask: Whether Hindus have ownership over Himalaya, River Ganga or all cows and trees for that matter and similarly Niyamgiri hill for tribals in Orissa? as faith is deciding factor, but the possibility of questions of this nature, coming tomorrow can't be ignored. 
Simply speaking, Judgment should not be given on someone’s belief or disbelief. Show me the evidence. Answering through evidence is not that easy...its like proving the existence of Ram. ...“Justice should not only be done but seen to be done” – I still remember my teacher Prof. V.D. Sebastian repeating it 998+1 times in administrative law classes.   
Technically speaking, 2/3rd of the land is going to the Hindus, though it can be argued otherwise. On 30th of Sep., I was shouting that verdict should not be based on law only, if it defeats the public sentiments... and social conditions should be taken into account, while observers expecting a judgment based on cold fact.
Today I believe, Muslim interest is not given due care. Though I vehemently disagree on the extremists’ dialogue that Indian state, police and judiciary can never deliver justice to minority, I salute my Muslim brothers of this country, who kept mum only saying: “This is not the end.”  Interestingly, they condemned the statement of Mulayam Singh… Look my country and my people they are great indeed. Hon’ble Dr. Singh is right in terming us as respectful. Vinod Mehta is right saying “Hindu v. Muslim” description is a gross fallacy. I would like to say Sadique Ahmed, verdict might have disappointed but you (Muslim as a community) have not disappointed civil society of this country. Not 3:30 but 4:10 of 30th September, 2010 will be a memorable hour for India, when verdict came out from that iron gate of High Court. 
How far Peepli Live had any effect, I don’t know but Yes! Media proved to be a responsible media this time. Off course they were repeating to showcase they are restraining but nevertheless… Who Won? It hardly matters to me but it matters to many. I believe Muslims of my country won this case. Parties have gone to Supreme Court and I pray to Lord Ram and Allah, let that decision take more time, by which we will be more mature to accept even a judgment even if it is colored only with law…
I may develop a different opinion after going through the judgment, but i could not stop myself from being judgmental after reading Naqbi's article. Ya! about the article: it is more reflective than personal and the second last paragraph is more provoking indirectly than informative.

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