Hadein woh khainch rakhi hain haram ke paasbano ne/ Ke bin mujrim bane paigham bhi pahucha nahi sakta ( Such lines have been drawn by the owners of pride/ Unless I become an accused I cannot get the message through) I chose the couplet from Majaz solely for the communalistic atmosphere prevailing in the country, primarily, after the opening of the Babri Masjid locks on Feb 1, 1986, at the behest of Congress party, and later its demolition on Dec 6, 1992 ( Dr Ambedkar death anniversary) by the Hindu fanatics of BJP, VHP, RSS, Bajrang Dal, Shiv-Sena etc with connivance and complicity of Congress party, until today when we have more than 100 news channels crying hoarse for the construction of Ram Mandir at the demolished site of Babri Masjid, Ayodhya, Faizabad, UP, that hardly there is a single saner voice, worth its value, to speak for upholding the rule of law. What to say of anyone when a stalwart Rajmohan Gandhi, a legendary historian in his own right, advocated that Muslims should forsake their right over Babri Masjid, and also warned, that it would then, avoid a similar scenario in the cases of Kashi and Mathura sites too in The Indian Express on Feb 6 and 16, 2019, (https://indianexpress.com/article/opinion/ayodhya-ram-mandir-case-supreme-court-babri-masjid-demolition-5570891/and https://indianexpress.com/article/opinion/columns/ram-temple-ayodhya-dispute-babri-masjid-1992-elections-2019-bjp-rss-reconciliation-with-honour-5586541/ ) which triggered a debate in the same newspaper to which I wrote a rebuttal in The Milligazette on June 10, 2019, (Supreme Court is the Last Recourse of Muslims on Babri Masjid).
Now the stage is almost set for the judgement into the Ramjanambhumi/Babri Masjid case as a day-to-day hearing in the Supreme Court, under its constitution bench headed by Chief Justice of India Justice Rajan Gogoi, Justice SA Bodbe, Justice DY Chandrachud, Justice Ashok Bhushan and Justice S. Abdul Nazeer, is going on since August 5, and it is expected that both the Hindu and Muslim sides will wind-up their arguments by October 18 and later before November 17 there would be a judgement into this imbroglio as Justice Gogoi is to retire on the same. The entire nation is gearing up to celebration for the auspicious beginning of the construction of Ram Temple at the site where the demolished Babri Masjid stood. Hindu leaders, activists, journalists and Tv anchors et all, across the board are unanimous in arm-twisting Muslims to bow to their ‘belief’. One of Muslim litigant Iqbal Ansari was threatened to life, recently in Ayodhya, to withdraw the case and there is yet again a renewed effort to start the mediation again too, which is also to go ahead alongside the hearing, and Sunni Central Waqf Board Chairman Zafar Farooqui has bitten the dust as he has written that Babri Masjid site can be surrendered to Hindus and may be built anywhere else! Little could he realise that Waqf Board is only a custodian of the Waqf properties which are vested in Allah and the Board has no right what so ever to give a Waqf property to anyone. What however beckons a question is that both Zafar Farooqui and Waseem Rizvi, the Chairman of Shia Central Waqf Board are vying with each other to anyhow withdraw the Muslim claim on Babri Masjid, without realising that their efforts would never bring fruition. Even in the worst of worst scenario if Zafar Farooqui withdraws the case he should know that there are nine-Muslim parties contesting in the SC and his efforts would bring him a blank.
The Hindu side is euphoric, not since today, but ever since Feb 1, 1986, and there has always been a victory-day on Dec 6, by Hindutva forces all over India while Muslims observe it as a ‘black-day’. The Babri Masjid demolition accused are no where anytime close to be brought to justice, the thousands of Muslims killed, since Feb 1, 1986, and hundreds of Muslims having been locked up in jails for decades, in the name of TADA, POTA/UAPA is only a telling saga. Babri Masjid demolition accused are today holding constitutional posts, the police officers involved in Muslim killings, in cold blood, have had coveted postings are now even retired from higher ranks. The situation today, particularly after May 23, when BJP-II, took to office, is so bad that; from amongst this more than a billion behemoth, there might only be a few exceptions (from Hindus) who do not want Ram Mandir on the site of Babri Masjid, and on the contrary, Muslims are in utter disarray, as there is nonetheless a growing clamour, from Muslim classes that they would not symbolise with Babri Masjid but instead facilitate construction of Ram Mandir. The list of such Muslim intellectuals/ lawyers and ulemas is always on the increase. But, Muslim masses, though having borne the brunt of Hindu onslaught, in whole of India, do consider Babri Masjid as their representative case. Perhaps, it won’t be wrong to say that if Muslims loose Babri Masjid case, there would just be a ‘waiting-calamity’ of untold misfortune, for Muslims, as India would witness a carnage (of Muslims) never ever comprehended by the living world. But, despite the odds of heaviest kind, Muslims are putting up a brave front contesting the Muslim claim on Babri Masjid. Every tactic from Hindus is at work, threatening Muslims that even they win the case, BJP would bring a legislation through parliament, hence, Muslims should respect Hindu sentiments ( and give up the Babri Masjid claim) as Ram Mandir would have to be built in Ayodhya and not Mecca or Madina.
Going by all this loud-gaveling, on the streets and media houses, it becomes incumbent to re-point, that under such circumstances and what appears through press, the Ayodhya dispute if seen in true and proper perspective, is as a matter of fact, a great blot on our democracy and Constitution. It appears that even now the Muslims in India, their representatives and their advocates arguing the case before the SC appear to be affected by the prevailing situation in the country and are able to place of case of Muslims in a very limited manner.
The one-sided, highly hostile, Hindu majority in the country, with no remorse of how Babri Masjid was demolished, which was thereafter legitimised, by way of Sep 30, 2010 order of Lucknow bench of Allahabad High Court, has shaken the very belief of Muslims in the existence of our Constitution and rule of law. But, Muslim yet have never disavowed their complying with the SC judgement in this case, whereas, Hindus have made every noise to arm-twist the law in their favour. Recently on Sep 9, BJP MLA Mukut Bihari Verma from UP said that Ram Mandir would be built because ‘SC is ours’ which was brought to notice to the SC by the Muslim side. However, PM Narendra Modi has cautioned, Sep 19, from ‘loudmouths’ who tend to override with their sentiments for Ram Mandir. Little, did he realise that it was he himself who accompanied LK Advani, on his ‘chariot of fire’, exhorting Hindus to fulfill the Ram Mandir dream!
Now, as regards to the cardinal question of the place of birth of Lord Rama it is engulfed in a layer of absolute uncertainty. There is no such available evidence as for deciding about the place of birth of such a personality, its period becomes quite material. If we have got some trace of the period we can examine the place of birth vis-à-vis that period by unearthing the pages of history even if unwritten. As per the Hindu belief and its doctrines , Pralaya which in Hindu cosmology, is an aeonic term for ‘dissolution’, had taken place in Ayodhya multiple times, and the devastation has been such intense that Nar-Nari, Pashu-Pakshi, chirya-Chirangul et all everything perished. Not only mankind but even animals, small birds and trees all were disappeared and after such a great Pralaya if we know that such a thing existed, at any such place even definitely, we cannot say after resurfacing of the earth that such place was where? In ordinary floods of rivers more than often things disappear, being submerged by the flowing water, and sometime they reappear too, but in such reappearances, the actual place, what existed where cannot be ascertained that too with minutest precision, and as such after such a great Pralaya(s) it is absolutely impossible to locate any such place as in actuality to be the birthplace of Lord Rama.
Now as claimed by Hindus that Lord Rama, being worshipped all over the world, from times immemorial and none being sure about the period of his birth, now in this case, 900,000 years being said, as per the Sep 30, 2010 order, and as such what was there at that time is difficult to decipher. Moreover, as per our belief the hours, days, months and years in comparison of today were much larger and as such if we fix only five times of that today it would come to be 45 lac years. So who can vouch for the exact birth place of Lord Rama 4,500,000 years back, if not through absolute imagination!
That as regards to Babri Masjid it is definite that it was built in 1528 as per written statements of the government and it was being used by the Muslims as their place of worship which continued until Dec 22/23 1949 and the first suit was not filed after Dec 22/23 1949 by any local of Ayodhya but by Gopal Singh Visharad who was resident of Rajasthan and was living in Ayodhya working as Muneem ( accountant) in certain shops and the suit filed by him said nothing about the birthplace of Lord Rama except saying that after his recovery ( from his ill health) when he went to the building where he was disallowed to enter and filed the suit. All he wanted was an injunction that no interference be carried in worshipping there. He had died much earlier to 1986 and as a matter of fact the suit had already abated and was no more in existence. But, after 1986 Rajender Singh was managed and an application for substitution was made which was allowed by the law, in its gross violation, as it could not be done so because the period of limitation for making of any substitution is only 90 days plus 60 days further.
Moreover, the result of 1885 suit from the court of Civil Judge, District Judge and Judicial Commissioner/High Court being well known and the Hindu side also did not challenge it in the Privy Council. The judgement of District Judge and Judicial Commissioner is quite clear that even on the gate of the outer wall Allah being inscribed, the whole of the area inside the boundary is part and parcel of the mosque by such puja (worship) as being claimed in the said case no such right has accrued. However, the Muslims being interested in maintaining cordial relations did not object to its continuance whereas in all records the entry of Masjid continued. This puja happened on a 17X21 feet Ram Chabutra in the outer courtyard of Babri Masjid on which idol of Lord Rama was kept.
It would again be worthy to refer to the 1941 case in which Mahant Ram Charan Das, who had lost his eyes in a bomb blast, was the priest of Ram Janamasthan, and was removed from the said post by Nirmohi Akhara, and had filed a suit challenging his removal. In the said suit, theNirmohi Akhara people, spread all over India were impleaded. The description of the property in the plaint and the site plan cryingly depict the existence of Babri Masjid and graveyard on its three sides, Written statement was filed and this fact was not denied by any member of the Nirmohi Aakhara . A Commission was constituted and as per Commissioner Report the wall between Ram Chabutra and mosque was sought to be valued for payment of court fee. It was opposed to by the Nirmohi Akhara people , alleging that they were not concerned with the wall. Now, it s being claimed that Hindus worshipped their imaginary deity (Lord Rama ) from outside the wall, as this is what the press-reports suggest, that even prior to 1949, Hindus had been praying towards the Garbh-Graha ( central dome of Babri Masjid) as one Hausla Prasad Tripathi is said to have seen a photograph of Lord Rama in 1935 when he had visited the place at an age of around 12, and that Hindus had been praying through the wall with bars, which had been erected after the communal riots of 1855 when Wajid Ali Shah ruled over Avadh. Then why would Nirmohi Akhara disown the wall and did not pay for its value to fill into the court fee in 1941?
All the records have been submitted to the SC which speak in no unequivocal terms that pleadings in the above aspect (in 1885) were not disputed by Nirmohi Akhara in their written statement and that ultimately a compromise was filed and as regards description of property, as given in the plaint and the Commissioner Report was accepted, as all such documents made it up to the compromise. For a detailed article (https://countercurrents.org/2019/09/hindus-want-balance-of-history) can be referred. This makes it abundantly clear that up to 1941 the president and pacnhes (executive) of Nirmohi Akhara did not lay any claim to the Masjid and the graveyard.
In the wake of such substantial evidence corroborated by history Muslims are being threatened to withdraw the case. Muslims have nothing by their claim except for the trust that SC would do justice. However, Muslims ought to be extremely cautious as a false facade is also being appropriated that Hindus are losing the case, which may make complacency to take over Muslims, but in this final hour, Muslims need to put into their all worth as it is surely just not a case of one Masjid alone but about the very existence of Muslims in India.
Hindus today are at an all times high, in the light of centuries, already they fought the last elections as an extended Panipat War-IV, in which the adversary is a Muslim and that it is time to square up history as propounded by VD Savarkar, an RSS stalwart, who supported the Nazi solution towards the Jews, as Jews had monopolised German economy, whereas Muslims in India are at the worst step of economic ladder! Ironically, Hindu fanatics/ nationalists/ communalists/ Hindutva proponents are at one side supportive of Hitler Nazi formula and on the other are quite fine-tuned to the Zionist who are hell bent to liquidate Muslims from Palestine. No wonder for Muslims in India nothing is new as they have been routinely put to invisible gas chambers ever since India became independent, and the paragon of secularism, our first PM Jawahar Lal Nehru, could not get the idols of Lord Rama, be removed from inside the Babri Masjid, where they are surreptiously and stealthily kept on the Dec 22/23 1949 night and which led to the Babri Masjid being attached on Dec 29, 1949. Receiver got installed on it on Jan 5, 1950 and from there started the journey of Hindu India which stomped its writ on May 23.
Now the words ‘secular’ and ‘socialist’ inserted in our Constitution in 1977 have lost all relevance and are of no consequence whether they be there or not.
The writer is a lawyer, journalist and former UP State Information Commissioner.