Rule of Law and 6th December 1992

Rule of Law is to dispense justice in court not on road:

In 1950 a suit was filed in court claiming certain right over a property. How long the courts should take to dispense Justice?

What delay should be acceptable if dispute relates to an ‘alleged‘ birthplace of Lord Ram?

Ram is to the majority of population of India what Christ is to Christians or Mohammad to Muslims. Diwali, the main Hindu Festival is celebrated to commemorate the return of Lord Ram to Ayodhya after epic battle with Ravan.

So how long it takes to decide a civil suit?

The suit remained undecided for 40 years. Politicians love fuels like emotion and faith. In 1992, on this day the politicians gathered mob to demonstrate at site. The rule of law which required that disputes should be decided in courts and not on streets, collapsed. People delivered justice to themselves by demolishing a structure which was in dispute.

Who is responsible?

Politicians keep blaming each other. Trying their best to make out a vote bank out of a shameful situation. Courts and systemic delay in disposal of cases does not even figure in the list of blames.

This is a short story of something which happened 25 years ago.

What lessons were learned from 6 December 1992?

None at all. Do as always.

Yesterday’s Kapil Sibbal Fiasco:

The dispute which started in 1950 got transferred to Allahabad High Court along with all similar disputes and decided in 2010. An appeal was filed to Supreme Court and the same is pending for 7 years. Kapil Sibbal is member of Congress Party which was in power from 2004 to 2014 an was also a Law Minister in that Government. He is now a lawyer for the Appellants in the dispute.

Supreme Court decided to start hearing the appeal yesterday. Can you please guess what happened?

Kapil Sibbal walked in with a plea that hearing may be deferred till 2019 i.e. until after next elections. Has any one, especially lawyers, heard such a plea in court in any country of the world?

No? Yes it is insane? But he did make it and court rejected it. What more can be insane?

Today the client of Kapil Sibbal told news channels that they want early disposal and do not want matter to deferred at all. So Sibbal acted without instructions of the client and committed a professional misconduct. What should happen now in a country driven by rule of law?

Waiting to see it happen.

By the way any resemblance of above story to Masjid Demolition Dispute of Ayodhya is intentional.

Archeological discussion about dispute can be read here.

Analysis of the dispute by Subramanium Swami MP BJP, can be read here.

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