Submitted by admin on 4 October 2010 - 8:11am
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By Kashif-ul-Huda, TwoCircles.net
The thinking is near unanimous among Muslims; Babri Masjid verdict should be appealed in the Supreme Court. Indeed, the case should go to India’s highest judiciary body and all arguments should be made and heard because Allahabad High Court’s faith-based ruling has implications for not only Muslims but India as a whole. For this and some other reasons, the pleading group in the Supreme Court doesn’t need to be a Muslim group at all. In fact, by not being a party to this case, Muslims set to gain more.
From the night of December 1949, when idols were first placed in the mosque in an act of vandalism to the day of December 1992, when the Babri Masjid was demolished and even after that Muslims of India have always been on the side of law. Imam of Babri Masjid, when he was informed of the placement of idols, did not take the law in his hand rather he went to the local police. Since then, Muslims have pleaded their case patiently in the court of law and hoped for the best. It was their firm belief in Indian Constitution and judiciary that had them waiting for the justice for 60 years.
Photo by Mumtaz Alam Falahi, TwoCircles.net
Indian Muslims have little confidence in police, administration, media or people claiming to be their leaders but their full trust in judiciary, even with its slow movement, was what kept them going. Be it the case of communal riots, fake encounters, or arrests of youths on terror charges- Muslims always cooperated with inquiry commissions and Indian courts. Many youths who were falsely accused of terrorism were later released and these small victories meant that Muslims’ faith in the higher power of judiciary was not unfounded.
They knew that Indian system is corrupt and at best indifferent to them or at worst works actively against them, but not Indian justice system which rules according to the Constitution and decides based on the evidence placed before them. But this latest ruling on Babri Masjid title suit which was based on faith rather than evidence shakes the Muslim trust on judiciary. If they don’t have faith in judiciary where else can they go for justice and enforcement of their rights which are trampled upon by the system?
Planning to go to the Supreme Court is the only option that Muslim leaders can give to their community at this time. But what if the Supreme Court also gives its ruling based on faith rather than evidence? Will it not completely stop Muslims from having any faith in any Indian system? What will be the implications of such a loss to the community and its future in India? What are the options will Muslims have, at that point, for justice?
To be realistic is to realize that it is near impossible to take control of the land where Babri Masjid stood for four hundred years. Promise of rebuilding Babri Masjid by the then Prime Minister is also not going to be fulfilled. Whether Lord Ram was born at that exact spot is disputed by Hindus themselves but the movement against Babri Masjid had millions of Hindus believe that to be Ram Janmsthan. In this situation, it is impossible to build a masjid in that place. Even if Muslims win the case, sooner or later they have quit their claim on the land in the interest of peace and harmony.
Given that the Babri Masjid case sets a bad precedent and it has implications beyond this or some other masjid, and also that a loss in the Supreme Court can make Muslims more alienated and marginalized in India, the best option is to have the case in the Supreme Court be petitioned by a non-Muslim group or people not representing Muslims. Muslims do not need to be party to this case to get justice. Babri Masjid had become a symbol of Indian secularism and rule of law, which means any Indian can be party to this case.
Doing this also pull the rug from under the feet of the Sangh Parivar. Their standing in this issue and using this issue to spread hate is only when they use the language of Hindu vs. Muslims, Babar vs. Ram. As soon as the equation changes and Muslims are not the ones opposing the temple, Parvar’s position will be weakened.
When the case becomes a fight between Hindus and fanatic Hindus then the potential fallout from losing the case will be minimal to Muslim psyche and if justice is served then they set to gain two-fold- first, Sangh Parivar will not be the sole authority speaking on behalf of Hindus and secondly Muslims will benefit from the judgment even though they were not a party to it.
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