After series of pressure exerted by Hindutva forces during previous one week by way of (i) Statement of U.P Dy Chief Minister (that Ram Mandir will be built by law if Supreme Court of India, the SCI does not give disputed site to Hindus) during a meeting of about one thousand Hindu Saints at Ayodhya (ii) Visit of 18 Shiv Sena Member of Parliament along with its Party President Uddhav Thackeray to Ayodhya for demanding immediate construction of Ram temple and (iii) Extensively quoted by Hindutva forces the letter of BJP MP Subramanian Swamy to PM Modi that at disputed and undisputed site Ram Temple can be constructed immediately and compensation can be given to winning litigant in SCI in title suit. –The latest in this series came on June, 20 by way of the statement issued by VHP after its two-day conclave at Haridwar that Ram Mandir should be constructed immediately through ordinance especially when SCI is not sensitive to the sentiments of Hindus.
In response to it while addressing a press conference in Lucknow, the Babri Masjid Action Committee (BMAC) convener and All India Muslim Personal Law Board (AIMPLB) member Zafaryab Jilani said, “The recent statements given by state deputy chief minister Keshav Prasad Maurya, other leaders, and the Vishwa Hindu Parishad (VHP) members are against the constitution. They are pitching for an ordinance for Ram temple construction despite knowing that the matter is pending in the SC. Their statements hold no value because Prime Minister Narendra Modi has already said that no law can be brought for temple construction before the SC verdict. If any such attempt is made then we will challenge it in the SC.”
Evidently, BMAC & AIMPLB do not understand the law as explained below:-
(1) First of all, even during the pendency of any suit in SCI, the law can be made by Parliament for construction of Ram Temple at the disputed site. Though it may not be done so and the government may prefer to wait for the verdict by SCI in title suit but it is now a matter of common knowledge that:-
- Hindus will not win in this matter the way they want (where they want the entire disputed site to be given to Hindus) because (A)- What is highlighted by Hindutva forces is that Lord Rama was born at the disputed site of Masjid. But Muslims have adduced a very powerful & effective argument before the Court that ‘Ram Charit Manas’ (through which majority of Hindus know about the life of Lord Rama) written by Goswami Tulsidas after construction of Babri-Masjid in 16th century, has mention of Ayodhya as Lord Rama’s city of birth but does not have any mention of Lord Rama’s birthplace at disputed site. (B)- Ayodhya dispute is pending in civil courts since 1949. Even by the standard of very long time for disposal of civil matters in Indian courts (which may be about 35 years) the time of whopping 70 years which Courts have taken in deciding this matter (which is still pending in SCI) is for the simple reason that Courts know that Hindus are not going to win the way they want otherwise Courts would have decided this matter by this time and SCI would not have said that it is sensitive matter and would not have pressed for mediation.
- It is another matter of common knowledge that BJP came to power at centre and in many States because of not only destruction of Babri Masjid in 1992 but mainly because BMAC / AIMPLB did not ask from SCI the restoration of status-quo-ate of Babri Masjid which emboldened Hindutva forces (which resulted in may communal riots including in 1992-93 in and around Mumbai, 2002 in Gujarat in which thousands of innocent Muslims were killed, their properties destroyed and their honor assailed) and made BJP dominant political force in India. Hence Hindutva forces will lose power if Ram Mandir is not constructed at the disputed site after the massive mandate to BJP in 2019 Lok sabha election and especially due to a genuine fear of Hindutva forces that BJP may not get such massive mandate in next Lok sabha elections. In a nutshell, NOW the immediate construction of Ram Mandir at the disputed site is a matter of life and death for Hindutva forces in Hindu majority India and what Hindutva forces can do (especially against related minority the Muslims) for their political survival, is any body’s guess. Obviously, the Hindus have only one option for getting Ram Mandir at the disputed site which is through legislation whether before or after SCI verdict in a title suit.
(2) Secondly if BMAC and AIMPLB move (as they are erroneously contemplating) the SCI in case of legislation for Ram Temple at disputed site before or after court verdict in title suit by SCI, then any court judgment against such legislation shall be construed as effrontery by SCI to Parliament and in such case the SCI can be ‘disciplined’ through impeachment (even by converting Secular Indian into Theocratic State of ‘Hindu Rashtra’ in case SCI invokes basic Secular structure of the Constitution). But if BMAC & AIMPLB move SCI immediately for restoration of status-quo-ante of Babri Masjid which was demolished in 1992 in presence of the Observer of SCI, then it will be perceived for the purpose of up-holding rule-of-law and authority of SCI and against which Parliament can do nothing and in addition, this will finish the high handedness of Hindutva forces (if necessary then with the assistance of even UNPKF)
Therefore BMAC/AIMPLB instead of indulging in suicidal policies (by overestimating PM Modi vis-à-vis Hindutva forces about resisting legislation for Ram temple) should immediately file a writ petition in SCI for the restoration of status-quo-ante of Babri Masjid and for the repeal of ‘Ayodhya Act 1993’.
Moreover, in order to make the restoration writ petition smooth and peaceful, BMAC / AIMPLB should simultaneously (rather before restoration writ) file writ petition in J&K High Court for a plebiscite. The primary importance of writ petition in J&K High Court for plebiscite is self-evident because it will constrain communal Hindus to protect and uphold secularism in India otherwise they know that during plebiscite India will lose J&K (at-least Muslim Kashmir and PoK) to Pakistan and Hindu majority India will never tolerate another dismemberment of India at the hands of Muslims.
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