Online Classes :- Current Affairs Part-3

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Majesty of law: Given the importance of the Ayodhya case, it should be referred to a larger SC bench

The political importance of the Ram Janmabhoomi-Babri Masjid title dispute being heard in the Supreme Court is undisputed; it will also affect our social compact and constitutional promises. Advocates in the case have pointed out that a 1994 judgment by a five-judge bench had said that a mosque was not an integral part of Islam, a doubtful proposition which would need to be reconsidered by a larger bench. Given the importance of this case, it would be fitting for the entire matter to be considered by the full weight of a larger bench.

The Supreme Court is hearing a batch of appeals against the Allahabad high court 2010 verdict, which had partitioned the disputed property three ways. Not only did no party seek or accept this, it trivialised the dispute. There is a swirl of contending narratives around the site – it has been pitched as a battle between rashtra purush Ram and foreign invader Babar, and as a confrontation between an India where religious communities are equal and one where the majority wins. But the Supreme Court did well last month by treating the Babri Masjid-Ram Janmabhoomi as a pure land dispute, the implication being that it should be settled according to existing property laws.

This clears a lot of clutter as it means that only hard facts and legal arguments are admissible; not suppositions, sentiments or intentions. By the same token sundry do gooders, mediators, saints, gurus and legal eagles need to be kept out except those who are immediate parties to the dispute. It’s important that a judgment be delivered on legal considerations by a bench of at least five judges, and thereafter respected and implemented by all parties concerned while ensuring that communal harmony is not disrupted under any circumstances.

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