Apropos Whispersinthecorridors.com’s political News dt Nov 12,2019 : "After demolition in 1992, the then PM Narasimha Rao had publicly announced that the damaged mosque would be re-built; but, even after 27 years, the Congress taking a complete U-turn did nothing "
Some noteworthy points about funding.
The cost of rebuilding the mosque at the allotted site must be met by the Congress.On the same analogy,the cost of building the temple should be borne by the BJP- VHP.Due to secular credentials of the Constitution, taxpayers’ money cannot be utilized on religious activities.The issue relating to source of funding must be settled.
The alternate plot of land ( 5 acres) in a prominent area in Ayodhya, should be allotted free of cost by the Centre for constructing the mosque. Similarly, no cost could be charged for handing over the ownership of the Ayodhya land for temple construction.
Let us also have a look at other implications of SC’s verdict .
The Apex Court while settling the Ayodhya title suit, termed the demolition of Babri Masjid as a crime that “shook the secular fabric of the constitution”. This is a serious indictment by the highest court ,entailing punishment to the guilty from 2 to 5 years imprisonment.
It may be recalled that eight leaders like LK Advani, MM Joshi, Uma Bharti and Vinay Katiyar, Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmia, and Sadhvi Rithamabara, were charged with promoting enmity and hatred through “false and mischievous news”.
Let us ignore those who were held guilty but are no longer alive to receive the punishment. These are: Bal Thackeray, Giriraj Kishore, Ashok Singhal, and Paramhans Ramchandra Das. Some were given Constitutional assignments to provide immunity against legal proceedings. Kalyan Singh was a prominent beneficiary.
The Allahabad High Court ( Lucknow Bench) ordered dropping of charges of criminal conspiracy against L K Advani, M M Joshi, Kalyan Singh, Uma Bharti, and others.
The UP government has asked for extension of time till April 2020 to wind up the case.
Special judge S K Yadav, who retired on September 30,2-019 was granted extension till completion of the trial and the delivery of the judgement in the Babri Masjid case.
Even his extended term was over on Nov 9,2019,the day of judgement.
What Course of Action is needed in the given circumstances :--
(a) Having regard to Supreme court's reiterating serious indictment terming demolition of Babri masjid as a Crime, the authorities could consider re-opening all cases, if legally tenable, including those closed by District court and Allahabad high court on technical grounds.
(b) Further,in order avoid miscarriage of Justice, the progress of proceedings must be monitored by Hon’ble Supreme court that has made scathing observations.
(c) A new District judge must be appointed with directions to complete the proceedings and pronounce punishment to those who are having a free run despite being charge-sheated by CBI.
It was unjust and unfair to utilize the services of a judge who was granted extension beyond superannuation. Patently wrong per se.
There is no intention to caste aspersions on court’s ’s sense of fair play and justice.However, appointment of a new judge is considered essential to dispel suspicions ,if any, from the public mind in a highly sensitive case like this.
(d) The entire case must be completed on priority under Supreme court's monitoring.