Dinesh Kamath's Editorial 'Postponing Ayodhya verdict – right or wrong?' that was published in Newsband

Postponing Ayodhya verdict – right or wrong?

The Supreme Court has declined to fix until January 2019 a date for hearing the Ayodhya case and thus judiciously diminished the possibility of a final verdict before the next Lok Sabha election. It is important that religious sentiments are not stoked and exploited during election season. The decision to put off even the exercise of fixing a date for the final hearing is quite pragmatic.

Given the divisive effect the Ram temple movement has had on the country’s politics and history, it would be unwise to equate this with any other judicial matter that can come up for disposal in due course. The judiciary must be vigilant and resourceful in ensuring that the dispute remains within its jurisdiction. A solution, unless judicially driven, is unlikely to command constitutional legitimacy.

Some people feel that by delaying the date of hearing of Ayodhya which is only a title suit the court has indeed given an opportunity to the hardliners to exploit the situation. The verdict either if it was delivered the confusion of the title suit would have come to an end and it would be the responsibility of the government to ensure the verdict in letter and spirit. By delaying, the court has shed its responsibility

Why should a court decision be deferred or delayed only from an election point of view? Why should the judiciary be concerned about electoral prospects of political parties? When it involved criminal cases pertaining to politicians and film stars, it worked overtime to give them relief, but on a national issue, it is looking for an opportune moment to sit on judgment. They worked overtime to deliver a series of judgments on the eve of retirement of CJ.

It is the Congress which wanted the SC to postpone verdict till next Lok Sabha election and Lok Sabha election will come every five years. They commend the decision of the Supreme Court of India since, according to them, it restores the faith of vulnerable population of India that they may continue to live in harmony with the majority despite a determined effort to instil a sense of fear and deprivation among them in a democratic country.

Anyway, this is hiding behind a curtain. The verdict in anyway will go one way or the other. So this perspective about elections does not stand. The country needs to see this issue being addressed as it has run for decades.