Justice and fair play is the casuality for the last so many years
The CBI court at Lucknow acquitted 32 accused including Lal Krishna Advani, Murli Manohar Joshi Uma Bharti Vinay katiyar and othersall senior leaders of BJP and Sangh Parivar in Babri Masjid demolition case that took place on 6th December 1992. CBI judge Surendra Kumar Yadav delivering last judgement of his service period said that the prosecution has failed to provide solid proof of these accused in this case so all are acquitted. In all 49 people were chargesheeted by CBI in this case out of which 17 people died during this 28 years long legal battle.
The judgement was on expected line so it has hardly surprised anyone in the country. For the last eight to ten years all the cases involving RSS workers be it Makka Masjid blast case Samjhauta Express blast case Ishrat Jahan murder case Rubabuddin and his wife’s murder case , Tulsi Prjapati murder case etc. all have been dismissed by lower or CBI court and the prosecution has not challenged these judgements in High Court as if only lower/session court judgement is final they have made mockery of our three tier justice delivery system. There has never been such a poor untrust worthy judicial system in this country as Modi era has made. From top court to session courts judgements are usually delivered on expected line. Courts in most of cases are behaving like a part of the government whereas they are said to be apart government. In most of cases where Modi government is involved judgements are either delivered in favour of government or the dates upon dates are given to linger on the case and giving sufficient time to government to implement its policy. Burning example of this is the case of abrogation of article 370 from J&K and trifurcation of the state. Even a lay man could say that the government has abrogated article 370 in most unconstitutional manner but one year has passed hon’able SC could not find to decide this crucial case involving not only constitutional provisions but the fundamental rights of people of J&K .
Supreme Court’s Judgement on Babri Masjid Ram janam Bhoomi dispute has surprised the entire legal fraternity. The top court has accepted all the pleas of Muslim side 1- Babri Masjid was not constructed on the debris of any temple 2- Namaz was being offered in Babri Masjid till December 1949 3-Ram lala idol was illegally planted in Babri Masjid 4-Demolition of Babri Masjid was an illegal act. In fact it has gone to the extent of saying “On 6th December 1992 the structure of the mosque was brought down and the mosque was destroyed. The destruction of the mosque took place in breach of the order of status quo and an assurance given to this court. The destruction of the mosque and the obliteration of the Islamic structure was an egregious violation of the rule of law” In another paragraph of this judgement the top court observed The constitution postulates the equality of all faiths. Tolerance and mutual co- existence nourish the secular commitment of our nation and people” inspite of these noble words and insistence on secular values and equality of all faiths the Supreme Court handed over the disputed land for construction of temple. Many retired judges of this hon’able court including justice Lokur, justice katju, Justice Banerjee, justice Shah and justice Sawant etc had termed this judgement as travesty of justice.
I like thousands of other journalists from national and international media are witness to this dastardly act when the disputed structure was demolished like a pack of cards. Those who had visited Ayodhya during 1 to 6th December 1992 were firm on their conclusion that the way Kalyan Singh government is posting the central forces and the structure has been left at the mercy of Karsevaks it will not be possible for any force to reach the mosque to save it once it is attacked and it came true. At about 1130 on that fateful day the mosque was attacked by frenzied mob, the small force posted inside the mosque resisted but it was overcame within minutes and then it was free for all . Advani Joshi Uma Bahrti Rajmata Scindia Vinay katiyar all were sitting on the dais constructed hardly 500 meters away from the disputed structure all these leaders were enjoying the demolition so much so that when last tomb fell Uma Bharti out of frenzy climbed at the back of Joshi ji. All the journalist including me who were present there are witness in CBI court I am also witness in Liberhan Commission, which has given its report confirming the conspiracy theory.
The learned judge of CBI court has overlooked all the circumstantial evidences including infamous Rath Yatra of Advani ji which has actually sown the seeds of demolition not only of that disputed structure but the centuries old relations of confidence and mutual trust between both communities. How could this learned judge overlook the witnesses of journalists not one two three not dozens but hundreds of them have registered their statements in the court telling the entire story behind the demolition. Hundreds of photographs have been submitted in this court by photo journalists who were there to report and photograph the demolition.
The judgement has shamed the Indian judiciary once again. The damage thus being inflicted on the body of our nation will be difficult to fill. This is not injustice to a particular community or group of people but this is attack on our constitutional arrangements and ethos of the nation.