30th September 2010 was my daughter’s (Eliza) first birthday, since the morning I was very excited as the first birthday is always special. All the day I was planning for the evening and was expecting a gift from Lucknow for my sweet daughter, where the Lucknow bench of Allahabad High Court was pronouncing the judgment on Ayodhya title dispute. Being an Indian Muslim I was not too ambitious therefore simply expected a fair judgment if not a decree. I also wanted to show my Kashmiri wife that it is still a good idea to believe in the India, and none but the Law is the saviors.
When the judgment was actually announced I was numb and concerned. The first thought that came to my mind was 'How will I respond to my wife?’ Kashmiris have almost lost their faith in Indian State and have always been arguing against my faith in the state. This judgment will transfer even more arsenals into my kitchen and for next few weeks I will be left with no option but to defend myself on the dinning table.
The second thought that crossed my mind was 'Why our ancestors stayed in India after the assassination of Gandhi?'. The migration continued for almost two decades after Gandhiji’s assassination, therefore they had enough time to introspect and decide. I don’t know what made them to stick to their decision that they took in 1947 AD. There would have been some good reason for the stay but I will never know the reason as it was decided by my grand father who died 9 years before I was born. But for me it is indifferent to stay on either side of the Radcliff line as conditions are the same.
Lastly, I wondered, 'Whether we should still show our faith in the Indian judiciary?' I can only say I hope so. I don't have clear answers to the above questions but I am desperately searching for answers, as I believe my daughter deserves to know the answers someday.
What I am in search of are - Why court have not provided any legitimate reasons, proved by evidences to announce the judgment. How can a court announce an important judgment based on mythological believes and not on facts and evidences. When was the court pleaded to divide the land or decided about the birth place. I don't know much about Law but I definitely know that the courts need evidences to decide a plea.
This re-conciliatory/political judgment is like endorsing the act of demolition and succumbing to fear of the violent reactions from either party if denied with the disputed land. If the madam justice was blind then how did she anticipate the repercussions of the judgment? Another disturbing signal is coming from those who are endorsing the judgment for sake of peace. But knowingly or unknowingly they are shifting the Rights of 90s to the Center in 2010. This movement of reference point is alarming, as it might take India towards the deeper rifts.
I am forced to think why there is no judgment on the Babri demolition but judgment on Babri land dispute, no judgment on Mumbai riots but on the Mumbai blast, no action on the Sri Krishna and Liberahan Commissions' reports, the list of denied justices is getting longer every day. This converges me to think that when ever it is the time to give justice to Muslims it is delayed or reversed. I don't know if it is meager coincidence or deliberate attempt.
I am still clinging to my faith in the judicial system and I am hoping that the Apex court will not deny us that which is our right. The only thing that we would be interested is that the court up holds the rule of Law, i.e. if it decides on the basis of facts and evidence or hysteria and myth. And in doing so if they decide against the Muslim I will definitely welcome the judgment.
I don't want my daughter to hear about her first birthday with her mother's prospective. But I want her to believe what her father and her ancestors have believed since 1947 that India is governed by LAW.
It is published in TWOCIRCLE.NET
