Right time for USCIRF, Trump-administration, US-NRIs & OIC to get SCI moved for restoration of status-quo-ante of Babri Masjid. By Hem Raj Jain


The national and international media is full of reports that “on August 5, 2020 PM Modi laid a symbolic silver brick in the sanctum sanctorum, or innermost sanctuary, of the demolished Babri Masjid site as scores of devotees and others watched the event on giant screens across the city of Ayodhya and on TV screens for the construction of Ram Mandir as per order of  SCI which in its order said that the demolition of the Babri mosque was against the rule of law”. Some people may say that what is the point now in moving the Supreme Court of India (SCI) for the restoration of status-quo-ante of Babri Masjid but such objections are misplaced. Rather it is the right time to get SCI moved for restoration of status-quo-ante of Babri Masjid as explained below: -

(1)- The construction of Ram Temple in this way is bad in law and repugnant in religion (whether Hinduism or Islam, the two religions directly concerned with this matter) because: -

(i)- The SCI was under legal obligation to first restore the status-quo-ante of Babri Masjid (which was demolished in 1992 by Hindutva forces despite court orders to maintain the status-quo of Babri Masjid till the disposal of the title suit) before giving its final verdict in Ayodhya dispute in 2019 otherwise it is criminal contempt under section 2 ( c) (i) of Contempt of Court Act for lowering the authority of the court.

(ii)- The Ayodhya title suit, in a legally objectionable manner, was converted into political from legal which is evident from the text of the judgement 2019 and for which PM Modi rewarded then CJI Gogoi by donating him the membership of Rajyasabha (Senate).

(iii)- Lord Ram or as popularly called Raja Ram (King Ram) would never tolerate any temple in His name which is constructed by destroying rule-of-law because a king is nothing if He does not ensure rule of law. Moreover, if Hindus think that by destroying rule of law of Hindu majority India, they can hope to make India prosperous, just and peaceful then they are living in fool’s paradise.

(iv)- No doubt thousands of innocent Muslims were killed, injured their properties destroyed & looted and even some Muslim women were molested & raped in post Babri-Masjid riots including in 2002 in Gujarat under watch of then CM Modi, the present PM of India hence Muslims are allegedly afraid, but this fear is un-Islamic. The Indian Muslims have shown un-Islamic fear and did not move the SCI to get the status-quo-ante of Babri Masjid restored despite my asking them repeatedly to do so through media (One such as given at https://www.milligazette.com/news/Opinions/15482-babri-masjid-muslim-leaders-are-going-against-themselves-and-islam/ ).

(v)- If there is any truth in whatever is written in Quran then Muslims (whether in India or outside) are bound to face the wrath of their Allah and Prophet Muhammad for not protecting the Masjid though they could have easily done it by fighting its case properly in court including by moving the SCI to get the status-quo-ante of Babri Masjid  restored before final verdict in this case. Even the ‘Organization of Islamic Cooperation’ (OIC) which only issues ineffective resolutions about protecting the rights of Indian Muslims is under religious obligation to even now get the SCI moved for restoring status-quo-ante of Babri Masjid.

(vi)- There is one paramount & ethical reason to get the SCI moved for restoring status-quo-ante of Babri Masjid at this stage when the foundation laying ceremony of Ram Mandir has taken place on August 5, 2020. The Hindus (like Muslims) will also feel the pain when their religious sentiments are hurt. Otherwise also the Babri-Masjid site is not the birth place of Lord Ram as per powerful arguments of Muslims that - [Had it been so, Goswami Tulsi Das certainly would have mentioned it in  his  epic ‘Ram Charitmanas’ (written after Babri Masjid was constructed in 16th century) through which most of the Hindus know Lord Rama]. 

(vii)- After legally expected restoration of status-quo-ante of Babri Masjid the SCI can decide the case in review including under Article 142 of the Constitution for complete justice. In such review the SCI can give disputed site to any one (whether Hindus or Muslims) by re-examining the case and then to decide this title suit it in a legal way and not in a political way (as was done by SCI in 2019 in legally objectionable way).

(viii)- The Indian State has not realized that there are some Indians whose religion is based on non-violence which is nothing but giving monopoly of sanctioned physical coercion to the State and thus become no-violent. Therefore, if the Indian State does not ensure rule-of-law then such Indians cannot practice their religions based on non-violence.

(2)- in this matter the role of the USA has also been wanting. The USA is not only the leader of the free world but is a strategic partner of India hence should have ensured that India does nothing which endangers its security. In addition to two other issues (the dual citizenship to about 160 million Hindus & Muslims who were illegally displaced during partition and plebiscite in united J&K as mandated by ‘Instrument of Accession’) the failure of the USA (notwithstanding some toothless noises from ‘United States Commission on International Religious Freedom, the USCIRF) to constrain India for the status-quo-ante of Babri Masjid  restored as mentioned at  (http://wadikinews.com/usa-and-world-community-should-ask-india-to-respect-restoration-of-status-quo-ante-nationally-about-babri-masjid-before-demanding-it-internationally-from-china/ or http://www.pakistanchristianpost.com/regional-news-details/1295 ) is the main reason for poisoning Indian subcontinent communally and presently China is taking advantage of it especially by using Pakistan to create internal & external security problems for India. Hence not only the USCIRF and Trump-administration but the NRIs living in the USA should also take interest in ensuring that the SCI is moved for restoration of status-quo-ante of Babri Masjid. 

(3)- There is one more important reason that the Trump-administration should ensure that the SCI is moved for restoration of status-quo-ante of Babri Masjid. The USA claims that it is trying for the ‘alliance of democracies’ for defeating the authoritarian regime of China as mentioned at http://www.pakistanchristianpost.com/opinion-details/3640 . But what credibility democracies will have globally if in the largest democracy India, governments can be formed at centre and in many States in a dishonest way by damaging rule-of-law in India. The Trump-administration should not forget that the BJP could come in power only by illegally demolishing Babri-Masjid in 1992 in presence of the Observer of the SCI and with the criminal complicity of the Supreme Court of India which did not immediately restore the status-quo-ante of Babri Masjid (which emboldened the Hindutva forces in a legally objectionable way) and also before giving 2019 final verdict in its title suit. 

(4)- Here it is pertinent to add that if the SCI does not restore the status-quo-ante of Babri Masjid then the Indian Muslims (and the petitioners) should file petition against SCI for contempt of court under section 16 of the Contempt of Court Act and even then if SCI does not listen then the Indian Muslims (and the petitioners) should demonstrate against (preferably in front of) the SCI for destroying rule of law in India (for the unconstitutional purpose of destroying secularism for bringing majoritarianism in India) and should be prepared to even go the the prison in case the SCI award such sentence to these demonstrators.

Therefore in the interest of getting rule-of-law and religious piety (of both the Hindus & Muslims) restored in the largest democracy India -  the USCIRF, Trump-administration , NRIs in the USA (especially Indian citizens) and  OIC should ensure that not only the SCI is moved for restoration of status-quo-ante of Babri Masjid but also this title suit is reviewed and redecided in a legal and not in misguided political manner.  

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