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10/12/2019

Why this goodwill gesture now with Babri?

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By M. Burhanuddin Qasmi

The Babri Masjid and Ram Janam Bhomi dispute has been an unparalleled and extraordinary case in the entire history of India. For last more than one century, the matter has been a source of Indian polity including this post independence past 50 years where it took a centre stage in Indian's divisive and polarising political chessboard. Hundreds of political figures rose, shined or paled; half a dozen political parties formed, won or simply fell to dust, thanks to Babri Masjid - Ram Temple issue. Formation of governments both in the Centre and in the state of Uttar Pradesh were heavily influenced by this emotive issue in post 1992 India. Previously less popular political formation came to power riding on temple yatras and some other, on the other hand, lost chairs owing to Babri issue polarized majority for their opponents.

Lengthy legal battle is on since independence between parties of India's two major faith holders - - Hindus and Muslims. In the post 1992, Babri Masjid demolition case and it's land ownership suit, combined, has been the single major case for whole of India's judicial system. Babri linked cases are still date under regular causelists in the Allahabad High Court as well as in the Supreme Court of India.

Thousands of human lives, directly or indirectly, lost or affected because of this dispute. Billions of rupees spent, enormous energy utilized; ASI, history archives and modern scientific methods from within India and abroad put to use to prove claims and counter claims by the parties involved. India's core value of unity in diversity had major setbacks due to this uncalled for incidence. The whole world has been carefully observing our businesses in the apex court.

Of late this title suite became a battle of secular, democratic and constitutional principle of India. Stronger muscle power group always tried to use force against the weaker side. Constitutional safe-guard in protection of the Babri structure proved to be in vain. Thus, it is time now to deliver by the honourable Court that in India judiciary is on straight path and it is the "Supreme" power in our system of republic and democratic governance.

Having all these, aforementioned, to the credit of Babri Masjid - Ram Temple saga, the apex court of the country took a good initiative to give it's verdict on the land suit case sooner than later. Of course, the present ruling dispensation might have asked or pave the way for this fast-tracking legal stride, may be as display of it's political adventurism.

Nevertheless, following the failed out of the Court settlement attempt, regular hearing by a Special Bench in the Supreme Court of India, headed by the Chief Justice himself is going on for last a few months. The case is about to be locked this week, a judgment is expected soon, as the hearings and arguments from all concerned parties are nearly completed.

Here comes one new twist from a few so-called goodwill shooters from among the Muslim Indians. One gentleman reported to proclaim that Muslim should donate the Babri Masjid land to Hindus even if they win the title suit. The other argues that the judgment on the title suit need not be delivered, instead Muslim should handover the land voluntarily to their Hindu counter part.

To me, these are planted players to derail the on going and smooth constitutional and legal process in the dispute. It may be not in the interest of some political power houses if the honourable apex court gives a verdict on merits. Thus agents are out on streets to sabotage the whole process ensuring further confusion among the masses and prolonging the political mess for future elections.

Muslims were ready for out of the court settlement which did not come out to be fruitful. Muslims have unanimously stated, what may come, they will respect the court verdict.

Then where this goodwill gesture theory is coming from now, why and who are these people? Answers are but individual guesses. Are they party in the case in anyway or did they make any contribution in the matter in the past? Answers are No in both cases. Who should make a goodwill gesture? Obviously the opposite party in the case which is battling for it.

I think, without slightest ambiguity, Muslim should wait for the final judgment. Let the constitutional supremacy prevail in India - be it in favour or not, by all parties. How can one speak about donating a piece of land when it is yet not clear whose land is this! However, goodwill gestures are very much in demand given the present boiling condition in India. But a goodwill gesture is a goodwill only when done with equal respect, mutual share and on the basis of equal justice. Else it becomes indirect fear mongering and plotting tactics of blackmailing to meet interests of the stronger player in the race.

If the Muslim party wins the Babri title suit in the apex court in the upcoming days then only they will be in a position to think and decide about its use in view of the sentiments of majority fellow citizens of India.

However, if the Court verdict goes in favour of Hindus, then the Muslim party already stated will accept the order. Thus, speaking about donating the land and goodwill gesture in this case makes no sense.

It is expected that the urgently called meeting of the All India Muslim Personal Law Board (AIMPLB) in Nadwatul Ulama Lucknow this week will deliberate on this issue too and take a wise and respectable stand for minority Muslims in India. We cannot make a whole long constitutional process undone simply for wishful good wills of a few agents. Contribution to keep India peaceful, it's constitutional values are guaranteed, citizens' rights are respected and it's good image in the international stages is protected is everybody's duty as citizens of India.

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