Sambhal Sparks Alarm on Constitution Day: Is Judicial Integrity Under Siege?
The Sambhal Jama Masjid survey plea is a disturbing reminder of how political and judicial lapses fuel religious polarization. Despite the Places of Worship Act, local courts continue to entertain petitions that undermine constitutional principles. On Constitution Day, it’s imperative to reflect on Ambedkar’s warnings and uphold the values of secularism and justice
The incident that happened in Sambhal town of Uttar Pradesh is alarming and the government must ensure that there is no rumour-mongering and attempt to create further escalation of tension. A habitual Public Interest Litigation (PIL) expert filing petitions after petitions in various courts to create controversies needs to be called out. How can the local courts give such permission to survey a mosque (here Jama Masjid) or a temple which exists? It means any petitioner can go anywhere and file a case in the court that there was a temple underneath a mosque or any other place of worship and the local courts seem to be more than happy to entertain such a plea.
All this became more possible because of a big blunder in the judgement of the Supreme Court regarding Ayodhya land dispute. That time, they themselves agreed that their judgement was more a matter of reconciliation and not really on right or wrong. It was a matter of faith of the majority community and lingering for years hence the court gave a verdict where it actually condemned the demolition of the Babri Mosque.
The problem with that judgement was that not a single judge thought of writing that this judgement was to create an environment of mutual respect and relationship. We know courts do not speak merely the language of the law but also arbitrators of peace in conflict resolutions. There was already a Places of Worship Act’ which was duly passed by the Parliament. Either this government brings a new law overriding that or respects that. Don’t allow people to use theatrics to create a law and order crisis in the state.
The Sambhal incident is a warning. It is that law and order is not merely the responsibility of the local police. It remains under constant pressure because it has to follow orders from the top. So the political executive must not allow such things to happen again. We know political leadership these days enjoys such things as it helps their crisis. It is crisis management to keep people in crisis, therefore the Supreme Court must act, take a suo moto cognizance of this and frame unambiguous guidelines for the lower courts related to entertaining such frivolous petitions.
We are passing through a disturbing phase when the ruling party does not seem to bother an inch about such a situation. It has learnt the art of managing the elections and it is in electoral mode all the time which results in a crisis in governance.
We hope the Supreme Court acts in the greater interest and frames guidelines so that lower courts do not entertain such pleas and know what is their limit and what they should do.
On Constitution Day, we must realise that living with Constitutional morality is the only way out. The nation needs to take seriously the warning that Baba Saheb Ambedkar gave in the constituent Assembly. Let’s remember that India can not become a Vishwaguru if we allow street fights to happen every day on every street and corner of our cities and villages. This must stop in the greater interest of people.
