Prakash Kumar

Supreme court has lifted the veil and has allowed Allahabad bench of High court to proceed with the judgement on the (in)-famous Ramjanmabhoomi-Babri Masjid dispute.

Law will speak sooner rather than later – but issue at hand will not be resolved one way or the other. It is a catch 20 situation where ultimate loser might still be the state.

If there is a ruling to restore status quo and rebuild the demolished mosque, the hindu outfits RSS, Bajrang Dal, VHP and co will take to the streets while if there is the slightest indication in the judgement to proceed with the construction of Ram temple – the Waqf Board and minority outfits will have reasons to feel aggreaved and play their own slam and dunk. Best case scenario unfortunately is apporpiation. No matter what the judgement is – matter will go to Supreme court eventually and once again after initial turbulence –we will go back to square 1 as far as legal process is concerned. Community will go back to harmony and we will have another decade or so of legal virtues to be played and once again sufficient time for rapproachment and reconciliation which provides the only viable options.

The disputed site can only be shared in the current context unless their will be serious law and order situations. Secular India can ill-afford such mayhem esp. at the doorstep of a major sporting spectacle to begin in nations capital within a week from now. Federal government has reason to be uncomfortable ahead of the announcement which has the potential to regroup the hapless opposition in the Country. Old protagonist of this ruckus over the disputed structure (land) who otherwise have been politically consumed will take center stage. All these does not augur well for the growing India, which is seeing some light after a troubled recessionary season.

911 happened in New York and now there is a possibility of a construction of Islamic center (mosque) at ground zero. America, for the freedom and liberty it stands for has reconcile to the fact of finding avenues to live in harmony – they seem to have taken a decision antagonising a section of its own society. May be paying a price for maintaining status quo. Tolerance level in India is even high – under this back drop expect no surprises from the court judgement.

There is a rule in sports – generally in NFL, in America. There is a ruling on the field which referees make and then coaches on the sidelines can challenge. It is same as UDRS in cricket. It is a question of upholding or overruling  the verdict on the field. Now unless there is conclusive evidence (100%- 99% is not good enough) available to turn the ruling on the field, the ruling stands. It is something similar the judges have to confront – what is the conclusive evidence they were presented by lawyers which demonstrates the existence of Ram temple prior to the existence of Babri Masjid at the site. This judgement will be tough to make by anyone – and a judge can only go by the rule book.

It might still be late in the day but reconciliation is the only way out – because the judgement cannot be winner takes all unless certain basic fundamentals are severely compromised. This judgement might decide whether India growth is there to stay – or it has to hit a road block pending successful resolution of a humdinger.

Scenario 1 & Scenario 2 are obvious ones which is winner take all and it is highly unlikely that this will be the verdict. Scenario 3, which is the justice delayed, reconciliatory, construction of national monument, appointment of a committee of all religious parties, sharing of the pie or delaying the justice beyond a point when GenNext actually does not care about what the locus standi on the field is – might actually be the lasting or best solution. In either of the 3 Scenario – we are going to Supreme Court folks. Words of caution though to the CWG organisers and state law and order machinery and investors in the stock market who might be caught in a logjam.

Never thought I would ever write a piece which advocates “delay of justice” – but so be it.