Deciphering the Ayodhya Dispute Verdict: Interesting legal points

The Supreme Court's Landmark Judgment: Key Takeaways

Yesterday the Hon. Supreme court delivered a land mark 1045 page verdict ending decades long acrimonious dispute on Ram Janmabhoomi and Babri Masjid issue. What i find particularly interesting is the fact that

1. The court makes a distinction between the Structure (mosque) & the Land and goes with the logic that the title belongs to the land and Hindus had a better claim to it.
2. It concluded that even though the mosque belonged to the Muslims it was not Sui Generis (it was built over another structure). It went by ASI report that the earlier structure was not a Islamic one but a Hindu like.
3. The court found no evidence of Muslims having prayed there (at the disputed structure) between 1528 - 1856 whereas Hindus have been going there to pray
4. It goes to the period before 1528 that is around the 12th Century when a temple was built here and takes into account the entire period upto date. In terms of length of occupation & extent of use, it concludes that Hindus have a better claim on it than Muslims

Implications for India's Religious Harmony and Legal Framework

The judgement also brings into focus the point made by a Supreme Court judge Mr Ganguly who said 'What would have been the outcome of the Supreme court had Babri Masjid not been demolished'?. What stops people from demolishing other disputed structures like Kashi Mathura, Gyanvapi mosque and then creating a fait accompli. The Supreme Court Judges have addressed this kind of scenario very succinctly

They invoke the places of Worship act of 1991 that was enacted under the Narasimha Rao regime when Advani was doing the rathyatra. This particular act provides status quo on all religious places as they existed during 1947 and provide necessary protection in their as is status. Section 4 of this act places the responsibility of the state government to preserve the religious character of all places of worship as they existed in 1947. Any of the court proceedings with respect to any of these places will cease to exist and be closed as per the current Ayodhya SC verdict. Supreme Court order makes an exception under section 5 of this act in respect of Ram Janmabhoomi/Babri Masjid issue as it was an ongoing case

In a visionary and smart move The court has further embedded the 1991Act in in the basic structure of the constitution so as to prevent reenactment or changes to the law. This protects the Act from any amendments in future. It quotes the Bommai Vs Union of India judgement and the definition of secularism in the basic structure of constitution to buttress this move.
A picture i took earlier this week brought this whole issue to fruition in my mind

This was at S.J Industries (a Tiles showroom) at Honaga Industrial Area in Belgaum (Karnataka, India). 

All our Gods seem inherently at peace with each other here, they occupy the same rack before being picked up by customers to various places of worship. A 786 inscribed tile sits next to that of Sri Hanuman ji. Apparently there is nobody disputing it!

Unpacking the Historical Context of the Ayodhya Dispute

The Ayodhya verdict, delivered by a five-judge bench of India's Supreme Court led by Chief Justice Ranjan Gogoi, brought an end to a centuries-old dispute over a 2.77-acre plot in Ayodhya, Uttar Pradesh. This land, claimed by both Hindus and Muslims, has been a focal point of religious, legal, and historical debates.

Originally addressed in a trial court, the case escalated to the Allahabad High Court, which controversially divided the land equally among three parties: Ram Lalla (the idol representing infant Lord Rama), Nirmohi Akhara (a Hindu religious group), and the Sunni Waqf Board (a Muslim organization). The High Court's decision, based partly on archaeological evidence suggesting a Hindu temple beneath the Babri Mosque, was challenged in the Supreme Court.

From August to October 2019, the Supreme Court conducted 40 days of consecutive hearings, marked by intense debates and attempts at mediation. This period became the second-longest hearing in Indian legal history, following the landmark Keshvananda Bharti case.

On November 9, 2019, the Supreme Court unanimously ruled that the entire disputed land should be given to a trust for the construction of a Ram temple. The judgment clarified that Ram Lalla was a juristic person, but the land itself, Ram Janma Bhoomi, was not. The court found that the Babri Masjid was not built on vacant land and acknowledged the Hindu belief that Lord Ram was born at the site. However, it emphasized that land titles cannot be decided solely on faith. The Sunni Waqf Board was denied adverse possession claims but was granted an alternative 5-acre site to build a mosque.

The verdict, spanning 1045 pages, was significant for not revealing the individual authorship of the judges, including a separate but concurring opinion on whether the disputed structure was Lord Ram's birthplace. The decision also dismissed a related claim by the Shia Waqf Board.

In essence, the Supreme Court's judgment attempted to balance historical, religious, and legal aspects of the dispute, marking a pivotal moment in India's history of secularism and religious freedom.

The Ayodhya Legal Verdict - Deconstructing the main Legal Points 

The Ayodhya Verdict deconstructed into its main legal points is complex, involving numerous legal principles and precedents. Here's a simplified overview:

1. Acquisition of Certain Area at Ayodhya Act 1993: The court ruled that Hindus have a possessory title to the outer courtyard of the disputed site due to long and unimpeded worship. The Central Government was directed to form a trust or similar body to manage the land.
2. Juristic Personhood of Deities: The idol of Rama Lalla (Infant Lord Rama) is considered a juristic person, meaning it has legal standing. However, the site itself, Ram Janmbhoomi, is not a juristic person.
3. Shebait (Caretaker) Rights: The court addressed the rights and responsibilities of a de facto shebait, someone who acts as a caretaker for a deity. Nirmohi Akhara, a religious group, was not recognized as the shebait for the inner courtyard.
4. Limitation Act and Article 142: The court discussed the concept of dispossession and its legal implications. Nirmohi Akhara's suit was deemed not maintainable under Article 142 due to issues with the timing of their claim.
5. Continuing Wrong under Limitation Act: The court distinguished between the source and effect of a legal injury, ruling that ongoing effects of an injury do not constitute a continuing wrong.
6. Declaration of Title: The court held that a formal request for possession is not required when seeking a declaration of title over a property.
7. Criminal Procedure Code-Section 145: Proceedings under this section do not determine the title or possession rights of disputed land.
8. Mosque Validity under Islamic Law: The court refused to interpret religious doctrine, focusing instead on the faith and belief of worshippers.
9. Places of Worship Act 1991: The court upheld the Act, emphasizing its role in maintaining secular values in India.
10. Juristic Personality: Legal personality is distinct from human nature and is recognized by the law for entities like idols.
11. Section 13 of the CPC 1882-Resjudicata: The court applied principles of res judicata, ruling that previous judgments on similar issues are binding.
12. Evidence Act-Expert Evidence: The court evaluated the Archaeological Survey of India's report, emphasizing that expert opinion must be carefully considered but is not conclusive.
13. Evidence Act-Section 81: The genuineness of official government documents was presumed under this section.
14. The Limitation Act 1908-Article 47: This provision was deemed inapplicable in this case due to the absence of an order regarding possession under Section 145.
15. Legal Consequences of Past Regimes: The court stated that it cannot enforce rights or remedies for actions or injuries under previous sovereigns without their recognition.
16. Article 142 of the Constitution: The court discussed its power to apply principles of justice, equity, and good conscience in cases where the law is silent.
17. 'Complete Justice' Concept: The court emphasized its role in achieving equitable and just outcomes, even when the law is not explicit.
18. Adverse Possession: The court discussed the criteria for claiming adverse possession, notably peaceful, open, and continuous possession.
19. Doctrine of the Lost Grant: The court explained this doctrine, which presumes a valid grant in cases of long, uninterrupted, and peaceful enjoyment of a right.
20. Evidence Act Section 110: This section covers the presumption of title based on possession.
21. Final Holding: The court found the High Court's three-way land division legally unsustainable. It directed the central government to form a trust to manage the land, hand over a suitable plot for mosque construction to the Sunni Waqf Board, and ensure the right to worship at the disputed site.

Funny pet video; dog smells a rat in false hopes

Tiger woods what a Comeback

Tiger Woods winning the Golf masters in 2019 is probably at the top of the greatest sporting come back in history. Why?

1. He came back to win a world title after more than 10 years! This is unprecedented for a 43 year old sportsman in any form of the game. Tiger woods had last won a major golf title (US open) in 2008
2. He went through a series of mishaps and unfortunate personal events that could have shattered the will & resolve of any person. But it didnt, sample this; after winning the US open in 2008 he went through a highly publicized extra marital affairs with several women, suffered a divorce in 2010, arrested for DUI i.e., driving under the influence of intoxicants, crippling health issues which made him undergo several surgeries
3. Just 2 years before this golf crown, Tiger woods was not even able to hit a 60 yard shot. He underwent a spinal fusion surgery which meant his spine went through a welding process. He couldn't barely walk, sit, lay down or do anything physical.

And that's when everyone wrote him off before the Master's 2019

China's Veto on Maulana Masood Azhar: Unmasking the Geopolitical Game

China's recent decision to block the proposal to designate JEM chief Maulana Masood Azhar as a terrorist at the UN Security Council has sent shockwaves across the international community. It stands as the lone dissenting voice among the 14 other countries that supported this crucial move. While China has couched its veto in technical terms, the underlying reality is deeply concerning.

Here are some key insights into China's motives:

1. Backing Pakistan at Any Cost: China's unwavering support for its all-weather ally, Pakistan, is evident. Pakistan's association with terrorism as a state policy in India is well-documented, and China's stance appears to prioritize this alliance over global efforts to combat terrorism.
2. Leverage on CPEC & OBOR: China may be using this move as a bargaining chip in its negotiations with India regarding the China-Pakistan Economic Corridor (CPEC) and the One Belt, One Road (OBOR) initiative. India has expressed concerns over these projects, and China's veto could be a way to exert pressure.
3. Undermining India's Diplomatic Success: India had garnered significant international support following the Pulwama attack to pressurize Pakistan. China's action seems calculated to dent India's diplomatic achievements and weaken its position on this critical issue.

In response to China's political maneuver, Indians have the option to employ an economic tool. We can collectively oppose Chinese business interests in India, regardless of their size relative to our overall trade volume. This could involve boycotting Chinese products and companies, even in cases where they dominate the Indian market. For example, we can reconsider our patronage of Chinese mobile handset makers who profit immensely in one of the world's largest markets. Additionally, we can opt for alternatives to the plethora of cheap Chinese goods flooding our markets, from fireworks to toys.


Taking a stand against such practices requires sacrifice, both for individuals and businesses. As a personal example, I have already taken the initial step by refusing to list our business offerings (B2B and B2C) on Alibaba.com, despite the significant exposure and international transactions it could generate. While profit is important, the nation's interests must take precedence.

The question I pose to you is simple: Where do you stand on this issue, and are you willing to make similar sacrifices to protect our national interests?

"Why Chinese Goods Are Not Welcome in India: Unveiling the Consequences"

Qayamat se Tomato tak

I don’t know how to put this…because we are in a tense situation with our neighbor after the pulwama attack ….and any message may be construed differently (thanks to manipulative media) …and lot of unpleasant messages are doing the rounds. But one thing does not change, whether one likes it or not. We are connected and here to stay, like Vikram & Betal perhaps (as in my last post). Strangely enough, Pakistan does appear like a person hanging from another (India’s back) on the map. It should have ideally been an elder brother carrying a younger one lovingly in his arms. But sadly it appears like a ‘historical baggage of burden’ something like a betal riddling to escape from the clutches of Vikram.

This tension affects people-to-people connect, it affects commercial transaction (trade & business). Pakistan seems to be currently affected by stoppage of exports in vegetables, particularly Tomatoes. That is however only one part of the story. Take for instance my business in ecommerce, it has attracted a lot of visitors (online traffic) from Pakistan and many have placed orders (shipped via India post from our base, Belagavi in India). Many more expatriate Pakistanis in UK & US and other European countries are regular customers. Many have left a kind message or two (reviews) about their transaction in social media (particularly on our Facebook page). Thousands of them are following us on most of our SMM channels and regularly interact inquiring medicines, and medical suggestions

One thing is apparent, crystal clear in fact, they are very similar to us in many many ways culturally and suffer the same way do (as in health matters). They of course love homeopathy (alternative medicine) perhaps much more that we Indians do. So there is a strong Pakistani connect with our business. And I only wish that situation improves from here on. 

Imran Khan was a charismatic leader on the cricket field, he brought together a bunch of highly volatile talent and won matches including the famous world cup from a hopeless situation for Pakistan. Can he do the same again? The pitch is very different this time and he is up against the devil (the Pakistan army) which draws its fulcrum of influence and power from anti-India shenanigans. He has the onerous task of dealing with the 'terror factory' set up by it. If he can win this battle (veer his country to ‘real’ democracy, free from the army clutches), he will be a hero for not only for Pakistanis but a god send for Indians also

Pulwama attack, vikram aur betaal story in Geopolitics

"History's Haunting Riddles: The India-Pakistan Saga Through the Lens of 'Betaal Pachisi'"

Once upon a time, not in a land far, far away, but rather on the soil we tread today, the tale of India and Pakistan's history began to unfold—a narrative so cyclical it could give the ancient tale of 'Betaal Pachisi' a run for its money. This 11th-century saga penned by the Kashmiri poet Somdev Bhatt seems less like a relic of the past and more like a mirror reflecting the endless loop of the subcontinent's post-independence escapades.

Let's rewind some 2500 years, with a twist, and see if this old yarn sounds familiar. Imagine, if you will, the great King Vikramaditya of Ujjain, a figure of valor and wisdom, embarking on a quest that mirrors the trials and tribulations of modern-day India, or Bharat, as we fondly know it.

King Vikram (our newly independent India) is tasked with fetching a peculiar corpse (the painful partition) that's swinging from the gnarled branches of a Banyan tree (the British Raj) in the eerie silence of a graveyard. This is no ordinary corpse; it's possessed by Betaal (a radical ideology where religion intertwines with the state's craft), a cunning vampire spirit that loves to throw a wrench in the works.

The tantric (think of our historical leaders, some of whom are revered as untouchable 'holy cows'), yearning for power, covets Betaal for his own gains. But it's Vikram, burdened with the heavy lifting, who must untangle the corpse from the tree. Yet, every time he thinks he's got a grip on it, Betaal slips away like a slippery eel.

Each attempt by Vikram to subdue Betaal (akin to the numerous wars, treaties, and diplomatic dances) is met with a story (the ever-present issue of Kashmir) that ends with a riddle, only for Betaal to vanish into thin air. And so, Bharat finds itself in a perpetual state of déjà vu, destined to grapple with this Betaal, listening to a new tale (a terrorist act, perhaps) with each encounter.

It's a historical game of cat and mouse, where every chase leads to a story, every story ends with a conundrum, and the cycle repeats—ad infinitum. The India-Pakistan chronicle, much like the haunting escapades of 'Betaal Pachisi,' is a story of pursuit, of unresolved riddles, and of spirits (or ideologies) that refuse to stay put.

So, dear readers, as we turn the pages of this living history book, we can't help but wonder: Will there ever be a riddle that doesn't lead to another? Will King Vikram—our Bharat—ever truly tame the elusive Betaal? Only time will tell, but for now, the stories continue, the riddles abound, and the chase is as relentless as ever. Strap in, for history is not just a tale of what's been; it's an ongoing saga of what's to come.

The wonder that was and is India