The Supreme Court of India's decision to defer the Babri Masjid verdict by the Allahabad High Court is dangerously mindless. While I am relatively ignorant of the legal technicalities, here is why I believe this could have far-reaching and unhealthy consequences:
- While the Judiciary is grappling with debates around executive interference and questions around integrity of judges of superior courts, such a confused signal from the highest court in the country is what we needed least. Part of a Court's primary function is to resolve disputes between individuals and/or groups. To throw the ball back in their court (pun unintended) for a solution questions the very need for a judicial system to exist. That this should revolve around a High Court judgement makes it even more baffling given the wide-ranging powers conferred to High Courts by Article 226 of the Constitution.
- The logic behind the postponement seems even more preposterous. Judicial discipline is meant to ensure judgements are made in keeping with the law of the land with scant (or rather, NIL) regard for social or political ramifications. Implementing verdicts and reigning in their consequences are part of the Executive and Legislative purview. If courts were to now factor in law & order issues and similar fallouts, it will lead to significant weakening of judicial resolve. If this were to become the order of the day, it may be impossible to dismiss unlawfully formed governments, convict those accused of communally sensitive crimes and the like.
- Lastly, loose remarks around convoluted circumvention of potential show-stoppers like impending retirement of a sitting judge does not befit courtrooms in The Supreme Court. Surprisingly, the legal fraternity does not seem to be protesting against this irrational decision to admit a ludicrous petition with the kind of decibel levels one had expected.
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