The Sangh Parivar has been attacking the Supreme Court for deferring the hearing of the Babari Masjid - Ram Mandir case. From their attack on the apex court, one may get the impression that they have a fool proof case, and if the case had been heard they were bound to win and would have construct the Mandir. But the reason is the very opposite.
They know that they have no case and are bound to lose it. Modi's pathetic failure on all fronts, his shameless conduct in promoting the interest of his cronies, deep involvement in corruption and betrayal of the trust of the poor who voted for him in the hope of Achchhe Din have left him with no issue other than the Mandir with which to go to the people in 2019.
The apex court has made it clear that it is going to deal with the case as a dispute on the title of the disputed land. It means all the parties have to stake their claim on the basis of some document to support it legally or on the basis of continued and undisputed possession for more than 12 years. The Nirmohi Akhara has no document to prove its ownership of the disputed land. Its claim is based on the 'Ashtha' ( faith ) of the Hindus that Ram was born there .* The courts have to decide cases on the basis of the law and not faith. The Nirmohi Akhara cannot even claim undisputed and continuous possession of the land. Thus, they have no case.
On the other hand, it is an admitted fact that Babari Masjid stood on the disputed land from the date of its construction to 6 December 1992, when it was razed to the ground by the Sanghis. Leaving aside documentary proof, this fact alone is enough to guarantee victory to the Babari Masjid side (whatever its name in the case ) even if the Masjid was built by demolishing a Mandir nearly 500 years ago.
In fact, an identical case has already been decided by the Privy Council in 1940 on the basis of adverse possession. Masjid Shaheed Ganj in Lahore was occupied by the Sikhs in 1762 after they had become the rulers there. They turned the Masjid into a Gurudwara. Much later, in 1935, the Waqf Board moved the court staking its claim on the land where the Gurudwara stood. The case went to the Privy Council, which finally decided it in 1940. It held that since the land continued to be in the possession of Gurudwara since 1762 without being disputed, it would continue to be theirs. The Privy Council appreciated the religious sentiment of the Muslims but held that the law must prevail.
The Sanghis have no dearth of competent lawyers and know it. All they wanted was for the case to be heard and lost before the election. It would have offered them the opportunity to create a frenzy on the issue overlooking its failures and divide the people on communal lines. They are angry with the S.C. for snatching their last straw. It is in anger and desperation that Bhagwat is warning the S.C.not to interfere in a religious matter (unless it is about Islam or Christianity ). Modi's hoodlum Minister Giriraj Singh has been commissioned to issue an ultimatum that the anger of the Hindus would be like an earthquake. The Mahanths headed by U.P.C.M. are hinting at going the 1992 way .i.e. constructing the Mandir by force .VHP spokespersons predict that Modi will either promulgate an ordinance or make a law to facilitate the building of the Mandir.
The government may introduce a bill for facilitating the construction of the Mandir to force the opposition parties to take a position. Those who oppose it would be branded as Anti-Hindu. The BJP hopes to gain by this move.
However, there is a grave danger of a constitutional crisis if an ordinance is promulgated or an attempt to build a Mandir on the disputed sight is made by force. The ordinance/Act may be challenged on the ground of its being against the basic feature of the constitution ( i. e. Secularism , which is a basis feature ). A prayer for its stay is inevitable. There is every likelihood of the Modi-Yogi disregarding the stay order and allowing the Mandir to be constructed in the same way as the Masjid was allowed to be demolished in 1992. What can the Supreme Court do to enforce its order if the Union and State governments disregard its order?
To Bhagawat and Modi, independent institutions are obstacles in the path of attaining their goal of turning India into a Hindu counterpart of Pakistan :a theocratic State. A Hindu Pakistan. Demolishing the Supreme Court or subjugating it would be a big stride in their journey.
How to save India as a civilised nation struggling to promote and protect the rule of law is the big question.
* Hindus do believe that Ram was born at Ayodhya but not where the Babari Masjid stood .This cropped up only when its gate was opened when Rajiv Gandhi decided to play the Hindu card.
# Under the law of adverse possession if someone is in continuous possession of your land without being challenged Â for 12 years , he becomes the legal owner of your land .