Wednesday, January 18, 2012

Courts and their judgements

Rousseau has said very rightly that "law is like a spider's web while the rich and strong break it at will, the poor almost always get caught in it".

Indeed, the Supreme Court of India is faithfully following this philosophy, how else would you explain the recent "observations" of the Supreme Court in describing one of the worst act of terrorism as being  just another incident. I mean that unless their Lordship were in a joking mood or were trying to show that they live in the proverbial ivory towers, there cannot be any chance that they could be so naive to suggest that the demolition of Babri Masjid was just another incident.

However, then I remember the inglorious role played by the Apex Court in the demolition of Babri Masjid and realise the fact that perhaps for Supreme Court of India this "just another incident" is a memory which is best forgotten. After all it was a U.P. District judge who contrary to all the norms of justice, fairplay, reasoning etc. went on to describe how "Ramlala appeared at the Babri Masjid in 1949", how the Supreme Court itself facilitated the demolition of Babri Masjid by looking the other way round despite the grave warnings of Milon C. Bannerjee (Attorney General Of India from 1991-96 & 2004-09). Even more shameful was the reaction of Supreme Court in the aftermath of demolition of the Masjid when it made a laughing stock of itself by punishing Kalyan Singh for one day(yes its true) in imprisonment for this act of terrorism, it allowed the makeshift temple (which was a standing contempt of its order) to continue and even allwed the puja to be held there, even if that was not enough, it upheld the acquisition of the whole janambhoomi-masjid complex and area adjoining it in blatant disreagrd to principle of secularism and thereby favoured the right of majority community to worship at the disputed place while totally extinguishing the right of the minority community to worship at that place(incidentally the two judges who dissented in this case belonged to minority communities). Finally, last year the Allahabad High Court gave a long awaited decision in the Babri Masjid case which needs to be treated with dismay and disbelief in equal measure, perhaps in no other country of the world (not even in Pakistan) could we expect such a judgement which decide the case like a village panchayat and contrary to the claim of all the parties divided the property in three parts.
This "incident" incidentally has resulted in some of the worst riots of independent India and have blackened India's name and fame internationally, still the preparators of this heinous crimes are roaming scot free and are have even ruled India is another testimonial to the sorry state of affairs of Indian judiciary and legal system.
It therefore should hardly be surprising that the Supreme Court treats this case as just another incident, three cheers to their Lordships for such enlightening comments.




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