Sunday, October 03, 2010
Like Jury selection, Judges for Babri Case should be chosen by the litigants on Supreme Court appeal
Ayodhya Verdict as a piece of legal document is held by lawyers and judges as so much flawed when it is tested on the standards of Constitutional fundamentals. The logic and reasoning of all 3 judges smack of extra-legal consideration impacting on their judgments.
Since judges are appointed by State, which is proved to be politically motivated on one side or other, a selection method should be adopted at the next Apex level hearing of the appeal to be filed by the both litigants who should have a stake in ensuring no bias, no prejudice, no politics, no personal agenda is attributed to the selected judges. Both litigants should have the right to veto the candidature of any judge appearing before a specially paneled ‘Selection Committee’ to ensure that case should proceed with mutual trust and confidence in the judiciary. A separate process should be initiated by the Chief Justice of India, to test the bona fides of the judges on their commitment to the Constitution of India, during their past record of delivering judgments.
Since Babri Masjid/ Ram Janambhoomi, title suit is to be considered entirely on the basis of hard facts and documentation, Chief Justice should caution selected judges against inserting extra legal/ philosophical/ ideological/ religious opinions in their judgment.
All such precautions will have to be made at appeal to Supreme Court level, to ensure that such hotchpotch potpourri as presented by Allahabad High Court on Ayodhya, is not coming forth to damage the reputation of Indian Judiciary and drag Indian justice to directions ultra vires of Indian constitution.
Let India not become the laughing stock of the world that is so keenly watching, how India sizes up to the challenges of the modern world.
Ghulam Muhammed, Mumbai
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