November 9, 2019 has been chronicled as an extraordinary historical day in the history of India. The pulse of the largest democratic country with 136 crore population was freezed as all were awaiting with bated breath, and of course with hopes and anxieties running high, the Supreme Court verdict on the Babri Masjid case. When the verdict was pronounced, the general public, social organisations, government and state machinery, all felt anxious about maintenance of peace and law and order in the country. The crux of the verdict is that the site where Babri Masjid stood for about 450 years was ordered to be handed over to the Hindu party. Also, accepting the right of the Muslims, a 5-acre plot at some other place in Ayodhya was ordered to be given to Muslims to construct a mosque. However, in the 1045-page verdict, besides many other things the points that have been accepted are as under:
(1) That no mandir was destroyed to build Babri Masjid; (2) That namaz was being offered in this mosque till December 16, 1949, viz. for about 450 years; (3) That Babri Masjid was not constructed on a vacant land; (4) That the ASI excavation on the Babri Masjid site has found something which is not of Islamic nature; (5) That the installation of idols in the Masjid in 1949 was an illegal act; and (6) That the destruction of the Masjid on December 6, 1992 was an “egregious violation of the rule of law”.
To Muslims this verdict was unexpected, sorrowful and disappointing. There is no doubt that the efforts made by Muslims to seek justice in the case were extraordinarily concerted. The entire team of our lawyers led by Mr. Rajeev Dhavan left no stone unturned in this legal battle. With his constant labour and utmost sincerity, 75-year-old Dhavan strove to the hilt; he deserves huge amount of kudos for that. Indeed, billions of people would have been doing supplications for him. The team of lawyers equipped themselves with all facts and evidences and argued strongly during court hearings. With this entire legal process, a large number of justice-loving Non-Muslims as well as Muslims were hopeful that the court verdict shall come in favour of the Masjid; but the verdict, when pronounced, surprised all. All the five judges pronounced the verdict unanimously; none of them disagreed on any point. It will be called nothing less than a miracle in the history of court verdicts. This verdict has made Muslims overwhelmed with troubles. Muslims have trust and confidence in Allah; and though in such circumstances it is very difficult to keep patience, it is the requirement of their Imaan (faith). And praise be to Allah, Muslims exercised utmost patience and by doing so they have set a precedent. Even in these disappointing circumstances, they held fairly strongly their standpoint that they would respect and honour whatsoever the court will decide. Keeping patience in such a delicate situation is not the result of any fear, disappointment or cowardice but rather it displays their courage, trust in Allah and valour, which is a great asset and is by the Special Grace of Allah.
When, as an Indian citizen, we ponder over this verdict, certain important aspects come to the fore. The very foundation of a democratic country is its constitution; the country is run and ought to be run thereon. The constitution of our country is one of the best constitutions in the world. Four of its fundamental values are indeed very significant, e.g. equality, freedom, justice and mutual love and brotherhood. Judiciary is an important pillar in a democratic setup, which is the last resort for the citizens to seek justice.
When the case of Babri Masjid reached the court and after the passage of a long period the Allahabad High Court, in September 2010, decided to divide the Babri Masjid site between equally between three claimants, all the parties did not accept it, and the case was moved to the Supreme Court. Such an extraordinarily long journey for justice raises big questions on the functioning of the judiciary as well as the unbiased approach of the government. Nobody can deny that politics put big obstacles in the way of seeking justice in this case, and made justice very complex.
December 6, 2019, which put a dark spot on the face of the nation, is a black day in the history of India; India had to hang her head in shame in the comity of nations, and she could not hold her head high as yet. Now we had a golden opportunity, the Supreme Court could have set a precedent and thus wash the dark spot on the face of India caused by the December 6 incident.