Daily Times

The sixth of December 1992 was a day of mourning for the entire Muslim Ummah. The holy shrine of Muslims constructed four hundred and ninety years ago {constructed in 1528} was attacked and destroyed by a Hindu mob comprising of RSS and its political wing BJP workers under the auspices of Indian law enforcement agencies. The entire Indian Muslims rose against the government thereby resulting in Shahadat of 2000 Muslims and leaving the issue in the court to continue without giving relief to the Muslims.

What has happened is a matter of grave concern to the Muslim Ummah because a holy religious place has been destroyed by extremist Hindus. The law is made to provide justice, create harmony and equality so that the society can stay in peace. The government is to implement law and facilitate the judiciary to steer the state in a positive stable direction. Hence the famous adage adopted by nations is ‘equality, liberty and justice’. There are two levels of justice, first one is the National Level and the second is the international level. In case of Babari Masjid the National level of dispensation of justice has failed. The RSS government with its agenda of Hindutva has worked in connivance with BJP and the state administration to obtain a decision from the Indian Supreme Court.

It is interesting to know that a few days before the announcement of judgment the Indian political leaders had started to say that they will accept the supreme court judgment in a tone which clearly exhibited that they were already in knowledge of the decision. From its face one can make out that there are mala-fide intentions behind this ruling. The law of possession is very clear according to which if there is no claim for a specified time on a property or land, it cannot be claimed. Babari masjid is more than 490 years old. The law of possession was introduced in the 19th century. Any action before the enactment of law cannot be made sub-judices’. If there was a building on the site, why it was not challenged at that time.

It is being claimed that the Muslims could not prove it that it was their property. The possession without any known history of dispute is itself a proof of rightful ownership by the Muslims. Moreover, the onus of proof is always on the prosecution or the claimant. Since it was an open and shut case, there was no proof required in this case.

In order to prepare an eye wash for the world community, the court went on to summon the representative of the Survey of India, who testified as an ‘archeologist’ and stated the presence of ruins under the present structure. He was neither qualified to testify nor there is any document with the survey of India on this subject. Pertinent to mention that the first ever survey was conducted by sultan Tipu in the state of Mysore. Presence of any record prior to second half of the eighteenth century in India is out of question and the representative of the survey of India stands uneducated and unqualified to testify in this case. The history should remember that the court judgment is based on incompetent and unqualified testimony. This leaves the court and the judiciary of India as incapable of arriving at the right conclusion. The courts in Pakistan should from now onwards stop accepting the legal rulings from all Indian courts due to their incompetence. The matter must be taken up in ICJ.

If one remembers the massacre at Jallianwala bagh by the English general Dior, how could one forget the fall of Babari Masjid and subsequent massacre of Muslims across India in 1992. The British were hated by the locals by the time they had to leave sub-continent

Why a supreme court judge in India succumb to such pressure is not clear. However, it is for sure that senior judges are likely to retire from the service and the life itself and could have an inner itch to become a hero of the Hindu religion and state, to be remembered in the annals of history. This is an inner desire and if the same is getting vented conveniently under the garb of political leadership needs and interests or availing opportunity of the religious vindication, the trap becomes easy to fall. Unfortunately, both Indian judiciary and political leadership have failed to realize that this step to demolish the sacred place of worship will lead to self-destruction of the state of India. There will be spread of polarization in the minorities of India besides international fall-out effects.

The disappointment of the Muslim community can be judged from the statement of Mr Asad-Ud-Din Owaisi that discrimination has been done. Although the Muslims are weak and poor but they don’t need Khairat or charity of 5 acres of land. He went on to say that the Muslims of Hyderabad Deccan will give him contribution for masjid if he wanted to. Finally, he concluded by saying that India was heading towards Rashtor Hindu {fundamentalist Hindu state}.

To make the situation clearer, the state of mind of another minority in India, the Sikhs, needs to be gauged at this time. During the Kartarpur corridor opening, the body language of the Sikhs was a practical manifestation of frustration and disappointment from the state of affairs in India. The under-pin enemy of Pakistan are likely to be doomed was the indirect good news conveyed to Pakistani leadership. The tone of speech tells thousand stories highlighting the inner pain of the guest speaker from Sikh community.

Have they forgotten the desecration and subsequent massacre of Sikh community at golden temple of Amritsar? If Pakistanis can remember the massacre of Muslims in 1947, then how can Sikh community forget a comparatively recent event. If the Sikh community remembers their excesses on the Muslim community in 1947, they can well see the forgiveness and magnanimity of Pakistani leadership at the time of opening of the Kartarpur corridor. The leadership attitude in India and Pakistan is poles apart, despite having common history of animosity and subsequent hatred.

If one remembers the massacre at Jallianwala bagh by the English general Dior, how could one forget the fall of Babari Masjid and subsequent massacre of Muslims across India in 1992. The British were hated by the locals by the time they had to leave sub-continent. Similarly, the present leadership of BJP has sown the seeds of hatred in an effective manner in synch with the congress government in past 72 years. The simmering lava has started to flow out from Kashmir and gradually it is likely to engulf the entire country.

The Pakistan government should take up the matter in OIC to intervene as a matter of religious right and later at ICJ for legal intervention while providing all moral and political support for the Indian Muslims.

The writer is a freelancer and can be reached at msohailyz@gmail.com