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Monday, September 20, 2010

LEGALLY SPEAKING- Ayodhya or not,govts have scant regard for judgments

There are just four days to go for one of the most eagerly awaited judgments of this century the Allahabad High Court verdict on the 59-year-old title suits by Hindus and Muslims claiming ownership of the land where Ram Janmabhoomi-Babri Masjid disputed structure once stood. The structure,while it was standing and after its demotion,never ceased to test the core values of both communities.It will not after the HC verdict on September 24.Unlike the inflammatory speeches which preceded the demolition on December 6,1992,one can take heart from repeated calls to respect the HC judgment and maintain peace coming from political parties of all hues.

All is well, can one say this and await the verdict like one of the many which the HCs and the Supreme Court pronounce every day Past experience shows otherwise.Irrespective of the party in power,governments have seldom strived to implement crucial judicial verdicts. Immediately after the demolition of the disputed structure,a mad communal frenzy gripped several states.Orchestrated serial bomb blasts grievously wounded the spirit of Mumbai.More than a thousand perished.Justice Srikrishna inquired into it and sent a scathing report,which has still not been fully implemented.After all these years,the SC continues to look into this aspect.Its impossible to imagine the hardship and financial uncertainty of families whose bread-earners were butchered.But they did not attract any long-term attention from politicians and governments.Leaving that aside,lets talk about something as basic as food.The SC had repeatedly talked about all pervasive corruption in the PDS,the supply line created to reach foodgrain at highly subsidised rates to the poor.

But there has seldom been political unanimity,except in speeches,on setting a deadline to root out corruption from PDS.What is the meaning of their right to life In the last nearly three decades,since SC pronounced its landmark judgment in Maneka Gandhi case telling the government that right to life did not mean animal existence but a life with dignity,thousands of poor have died of hunger and thousands of farmers have committed suicide.Where is that concern among governments to make right to life meaningful.  Ignoring SC judgments has become a way of life in political corridors,notwithstanding the mandate of the Constitution under Article 144 which says,All authorities,civil and judicial,in the territory of India,shall act in aid of the SC. If that was so,then why were repeated orders of the SC for construction of Sutlej-Yamuna link canal within Punjab defiantly ignored Not only that,the Punjab assembly passed a decision cancelling its existing water sharing agreements with neighbouring states.A helpless Union government sent a reference to the SC to adjudicate the legality of the Punjab law on water agreements in 2004.It is still pending adjudication.At least on four occasions in the last three decades,the SC had laboured to impress upon the Union government the importance of giving effect to Article 44 of the Constitution,which said,The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Where is that endeavour,which was mandated by the Constitution and desired by the SC

So,lets take the coming Ayodhya judgment as one of many important ones that has been pronounced by the HCs and the SC.Anyway,the HC verdict is just round one in 61 years.Surely,leaders of one or the other community will move SC.And how long will it take for the SC to decide it Take a guess.And when the verdict finally comes,you will find that the government may not even bother to implement the judgment.
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Respect Ayodhya verdict,AIMPLB urges community - Asks Govt To Issue Warning To Prevent Breakdown Of Law

Amid rising anxiety levels over Ayodhya title suit,the All India Muslim Personal Law Board has asked the community to desist from celebrations or protests over the Allahabad High Court ruling on September 24. AIMPLB is likely to make a public appeal on Monday in a bid to ensure that the court ruling on the sensitive issue is not used to whip up passions.It has urged the government to issue a stern mesage that people who break law and order will be strictly dealt with.

It has asked its members who participate in TV shows to be careful with their comments lest it send across a wrong message. The stock-taking on Sunday came after the Union Cabinet recently issued an appeal to citizens to respect the court order and to ensure communal peace over the judgment.Given the sensitivity of the issue,even the News Broadcasters Association has issued dos and donts for TV coverage. The AIMPLB reviewed the upcoming judgment on ownership of the disputed place,claimed by Hindus as birthplace of Lord Ram and Muslims as Babri mosque.The mosque was razed down by karsevaks in 1992.

S Q R Illyas,convenor of AIMPLB,said,Whatever the judgment,there should be peace and calm,and nobody should take law into his hands.We ask Muslims to neither celebrate if the judgment goes in favour of the mosque nor protest if it goes against it.We urge common citizens across religious groups to ensure that mischievous elements are not able to vitiate communal harmony.  The meeting,attended by Zafaryab Jilani, counsel for Sunni Waqf Board which is party to the title dispute,Syed Sahabuddin and Kamal Farooqui, decided to meet within a week of the judgment to decide on the future strategy.

AIMPLB,like the pro-temple camp,will appeal in Supreme Court if it is not satisfied with the order.Illyas said,We reiterate that we will respect the final judicial verdict,whatever it is,which means Supreme Court verdict.Also,if anybody goes to Supreme Court,we will fight the case there.
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(source-toi)

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