In the Ayodhya Verdict, it remains a confusion, whether it was a Legal Judgment or a Political Judgment. Afterall, a suit is either to be decreed or dismissed. It was nobody’s case to divide the disputed land (suit property) into three parts and allocate it to the different claimants. But the Trial Court has returned to the finding, which was nobody’s claim. Another question which lurks in my mind is what has dismissed the plea of Adverse possession by the Babri Masjid. It is accepted fact that the Babri Masjid was constructed in the year 1528 and uptill 1949 the Hindus not ever whispered or moved their little finger to object the adverse, hostile, open, continuous possession of the Babri Masjid over the suit property, (which according to law of easements, only 12 years’ continuous, open & hostile possession is required to be established) then how come the claim of the Muslims has been turned down. In such manner, I am not supporting the claim of the Muslims, but I simply want to know the interpretation of law and how the same was applied in the present set of circumstances. Without prejudice to anybody, and with utmost respect to the Judicial verdict, I want to state here that the Courts are not expected to pass Judgments on the policy of appeasement. The rule of law howsoever rigour may be, is to be delivered and Justice is not only been done, it should shown to have been done. The Public has great faith in the pious institution of Justice and I donot think a single verdict will shake this faith. However, what I try to maintain is that the logical conclusion of the matter is always expected of a civil litigation and if something goes against the logic, it shatters the faith in Judicial system. Now, the role of the Hon’ble Apex Court of the land is awaited. Reader’s comments are invited.

Comments

Anonymous guest 4 Oct 2010, 21:19
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Law is for the people .... people are not for Law. Why dont you take it as Judicial Activism ? The Judiciary has taken such a step which the government could not do in the last 60 years. Legal experts may criticse it citing technical snags but common man (for whom law exists) are okay with the judgment.
Anonymous guest 6 Oct 2010, 22:41
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dear kirty, if you are a lawyer, i think you should read the judgment first before commenting upon it, factually, i.e. as observed by the learned judges, there were parts of babri mosque which were being used by hindus all along for prayers, namely, sita ki rasoi and ram chabutara, which were part of the outer area of the central dome. There were widespread agitations before 1855, which resulted into certain clashes between hidus and muslims, in the same year i.e. 1855 first case was filed and apparently the then commissioner of Faizabad also observed that hindus may be allowed to build a structure at ram chabutara. Only in the year 1949, sunni waqf board overtook certain areas and matters related to babri mosque. Apparently a very bald write up by you does not bring about these findings.
Anonymous guest 9 Oct 2010, 11:56
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I have not got the opportunity yet to go through the judgment. But your point regarding possession of the area by the construction of the Babri Masjid since the 16th century is a bit unfounded. It is first to be cleared whether rule of law as a legal rod is to be considered existing right from the mughal times? when there was no semblance of such. Effectively it should be from around the 19th century when a legal order viz. the anglo-indian legal system started emerging. You cant argue using rule of law concept and then apply modern rules to centuries old disputes.