Before going in to the main topic I wish to write how the civil suits are filed, heard and decided in Indian courts. This will explain the background for the suits generally and help you to understand the general background of the case and judgment. I was an advocate before joining service and have little knowledge in law. So unlike leftist “intellectuals” “Historians” “Civil Society” fellows you can be confident that I know a little something about what I am writing now.
The procedure relating to civil suits is governed by the Indian Civil Procedure Code. It is a British era code updated from time to time by Indian Parliament and still needs lot of improvement.
Normal process in the civil suits as per the said code can be described in summery as follows:
1. Any person/s who wants to enforce a civil right can file a suit by
filing a Plaint along with documents as evidence before the civil court having jurisdiction.
2. The person/s who files the suit is called a plaintiff. The persons on whom the suit is filed are called as Defendants.
3. After the plaint is admitted and numbered/registered the civil court
will issue summons to defendants.
4. The defendants on receipt of summons will appear in the court and
file their version in writing which is called as Written Statement. They can also file documents from their side.
5. The court after that examines the plaint and the written statement
and identifies the points which are under dispute and list out the same.
6. The process of identifying the points in dispute and listing them
is called as framing of issues and the points of disputes are called as issues.
7. After the issues are framed the court will allow plaintiff and
defendants to put forward their evidence by way of oral evidence of witnesses on their behalf and these witnesses will identify and produce the documents. The documents will be marked with serial number and taken on record.
8. Evidence can be admitted only on the issues that is points of
dispute identified by the court as above. No extraneous issue and evidence relating to such issue will be admitted in any civil suit.
9. Once both sides complete their evidence the court will hear
arguments from both the sides and pass the judgment.
10. In the judgment court will analyze give finding on each of the
issues framed by it.
11. A summery of the operating part of judgment will be issued by the
court which is called as Decree.
All the litigations filed in respect of the disputes relating to the Ram Janmabhumi property are civil suits filed in the civil court seeking various reliefs like declaration of title, Injunction to allow worship and things like that. The trial was going on day to day basis in the High Court of Allahabad Bench at Lucknow by a 3 judge bench for several years.
As mentioned above court had framed several issues in each of these suits. It has heard oral evidence from all the sides, gathered evidence from in the form of ASI report documents filed etc and fixed a date for judgment. After a totally botched and failed attempt by Congress inspired litigant to postpone the judgment court has fixed the 29th September 2010 for delivery of the judgment.
The leftist gang who actively collaborated with the Wakf Board in their case caught in their own lies was waiting eagerly in anticipation of a pro Muslim judgment. Many left wing “historians” “experts” have given evidence in the case. For years on every forum they have ridiculed everything Hindus believe and the idea of Sri Rama itself. Extreme leftwing organizations like SAHMAT even tried to insult Hindus deliberately showing Rama and Sita as brother and sister based on some remotely known Buddhist tradition. We all know how New Delhi has even filed an affidavit in Supreme Court in the Rama Sethu project case saying that Sri Rama is a myth and it was withdrawn when Hindus were up in arms.
With all this background left is expecting confirmation from the Judiciary that they are correct. Sri Vinod Mehta Editor of Outlook, a couple of weeks before the judgment said on TV that he expects that Muslims will win the case as they have more documents. What documents he is speaking I could not understand. Sale deed in favor of Wakf board?? Either he does not know what he is speaking about or deliberately lying. I think it is the second case. No property transactions were taken place in respect of the disputed property since we started having records. Then what documents will be there? Proof of possession? For decades before 1949 Muslims were not performing daily prayers there. Many incidents of fighting taken place in respect of the same site. In fact till 1989 it was generally agreed that the disputed structure was constructed after demolition of the Hindu temple. So how come left thought it would be walk over to Muslims in the court? Arrogance of the left and lack of opposition to them left them deluded believe that they will win the suit without fail.
Till 4 PM, on the verdict day, all our secular gang singing one song. It is:
Law is supreme and verdict of the court shall be accepted and respected by all. Nothing major is going to happen after the judgment as the aggrieved parties can and will approach the Supreme Court. So no one should feel despair etc.
Secular media & TV fellows lined up “legal luminaries” politicos and Secular gang Page3 gang to discuss the judgment immediately it is delivered.
Strangely they thought they can discuss and debate a judgment which they know runs into several thousands of pages immediately after it is pronounced and made public. Our “secular” lawyers are so great that they can read, analyze, form an opinion of such a big judgment within few minutes of it is pronounced. They must be thinking that they are Shakuntala Devi of Legal profession. They are in fact made great comments critical of the judgment without fully reading the full judgment. Complete absence of honesty by these so called legal luminaries is disgusting to say the least.
Media and Government had created great fear and hype that there is every chance of disturbances. An artificial situation is created by the Union Government and press fellows wherein create most of the nation feared something wrong will happen once the judgment is out. For week’s people of lead to believe that something serious bad is going to happen immediately after the judgment. Roads in various cities and towns across India were deserted from the afternoon on that day. All the schools were closed. Is it an admission that we are not ready to accept Judgment and will automatically resort to violence? Entire tension was created with a clear intention to celebrate Hindu defeat in the court as a great occasion.
At the same time Press and TV is full of stories about how the country has moved on from 1990’s. No one bothered to ask if the country moved on from 1990’s then why there is need for fear.
In the morning at the office, one of my colleagues asked me how the court is likely decided. Since I have little knowledge in the matter and read the news reports on the ASI report I said Hindu side may win.
Most of the time in the office spent on discussions on this matter only. By 12 bosses have informed that those who want to go home by afternoon may leave. Many left almost immediately. Bangalore looked like a city under curfew by 1 PM. I left my office at 3 PM. Many from the morning advised me not to go through Muslim areas of Bangalore on my way back. Taking advantage of the mad situation I came back driving through the Muslim areas to home and started to see the TV news. Arnab Goswamy on times now and see the drama. At about 4.10 PM Headlines today flashed an item that that Wakf Board’s suit was dismissed.
Within 15 minutes various other main points and the 3 summaries of the judgments started coming out. Immediately all hell has broken lose in the Secular camp. Management and misreporting of the judgment has started immediately by Arch Secular news persons like Burkha Dutt.
NDTV started running a scrolled that Justice Khan held that there is no evidence of temple being destroyed. But they conveniently It conveniently did not report that he was in minority and Majority judges held that temple was destroyed by Muslim forces.
As per the TV’s land was divided in 3 parts between Nirmohi Akhada, Hindus and Muslims. Further it was reported that the judges held Sri Ram was born at the place where in the ideal are now situated. Judges only held that Hindus believe that Sri Ram was born at that placed and worshiped there for times immemorial. There is a difference of holding that a faith to be true and holding existence of a faith a true. None of the TV people wanted to tell the distinction.
Unfortunately I could see only one TV at a time so I could see only part of the rubbish that was being discussed and reported on that day and one or two days following that. After a couple of days, everything is forgotten TV’s are back reporting on films, cricket and other page3 items.
Now the problem faced by left is gone beyond one suit. Several of their lies like those mentioned below are under danger of being exposed. Ideas like
There are no temple demolitions by Muslim invaders in India.
Islam is peaceful and part of Indian History.
Lower caste people in India were converted because of the oppression by the Upper caste Hindus and there were no forceful conversions.
There is no historical bases for Hindu faith and it is all myth created by Brahmins (Though the court did not gave any finding on historical base for any Hindu epics in the suit)
There is nothing great about Hindus and the idea of our nation.
Muslims and Hindus are living peacefully together and it is only British who created communal disturbance.
What left wanted is a judgment which is “politically correct” , that is give the land to Muslims and tell Hindus to keep quite and forget their backward beliefs and myths. Instead of that, left now fear that their words are going to be questioned more forcefully from now onwards. That is why the attacks on the Judgment are there.
What happen to all the talk and sermons about accepting the judgment and rule of law? Left does not want truth to come out. They don’t want judgment suitable to left politically.
Many readers may not remember what are the views of he left on “Philosophy of Judges” advocated by left and left wing of congress in between late 1960’s and early 1970’s. The sick speech by Late Sri Kumaramanganam then Ministerial of State for Steel of congress in Parliament wherein he advocates judges shall share the philosophy of the government still remembered by many. But left seems to have forgotten its role and what it had advocated then. The position of the left then was the philosophy of the judges should be that of the government. The leftwing and India Gandhi saw to that all the judges in Supreme Court who does not agree with them do not get any promotion to Chief justice. Now they think we all forgotten. They don’t want the nation to remember what they wanted the judiciary to become and tried their level best to convert it into their tool. They failed in their efforts long back. Now than not agreed with their lies the attacks are on.
All this criticism by “eminent historians” “civil Society people” “Human rights groups” is to continue with their lies and continue with the iron grip on the Indian History. They wish even to put pressure on the Judges of the Supreme Court and overturn this High Court judgment. Let us see what will happen in Supreme Court.
Views of the advocates appeared in Hindu side. http://www.tehelka.com/story_main47.asp ... ts_can.asp
Also posted in my blog at - http://rlindia.blogspot.com