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Of
‘adverse possession’ & perverse secularism
T
R Jawahar
The
journalistic judges, the wise men of the secular media,
obviously deem themselves superior to the judicial judges.
Otherwise, how else could one describe their temerity in pre-empting
a pending judgement in the Allahabad High Court that has ordered an
excavation at Ayodhya? These super judges, editorial eminences, now
claim that even if the excavation reveals the existence of an
ancient temple, it would amount to nothing vis-a-vis the case!
This is their
desperate refrain day in day out, not only in the opinion, or rather
opinionated sections, but also in the news pages of their dailies.
The chorus has reached a crescendo with all the usual suspects –
JNU historians, Commies, NGOs and of course, the super secular
Bukharis, Bannatwallas and sundry other wallas holding forth on how
and why the judiciary has erred in ordering the excavation and as to
the total irrelevance of a temple at the site. Their intellect had
probably taken a brief adjournment because they seem to have missed
the point that one of the issues framed inter alia in the title suit
was whether an ancient temple really existed there as claimed by the
Hindus. The court is perfectly at liberty to check this point of
fact, and enjoys even more legal discretion to interpret this fact
when it is established either way. But the mediamen would not
countenance any of that because it is inconvenient to them and their
sponsors.
Let the seculars
say that a temple never existed which can pass off as their counter
claim. But how can they say that if the excavation revealed that a
temple indeed existed, then it is of no significance to the case? Is
saying that not the prerogative of the Court? Do these men, who
harangue endlessly on the rule of law and respect for judiciary,
then deem themselves above law and immune to contempt of court? Aah,
things like sub-judice matter only for intellectual novices, not for
these all-knowing apologists. So why dig up when the need of the
hour is a grand cover-up? Would that not put plunderer Babar a few
notches above the righteous Rama on the legal rung? But really, are
their wailings not a self-goal, an admission of defeat, if as they
fear a temple indeed surfaces? But if you excavate the secular
mindset deeper you would come up with a greater revelation; that is
their absolute disdain for the prospect of the Hindus winning the
legal battle or should we say, the Muslims losing it. To put it
bluntly, these seculars would be the happiest, happier than even the
Muslims, if Babar prevails over Rama! From intent arises rhetoric
and action! Now to the moot question: who is really communal, loaded
to the brim with hatred?
And what remarkable
arguments to bolster their case, a virtual parallel trial being
conducted in the pages of the secular national dailies! Their prime
contention is this: Even if an excavation reveals the existence of
an ancient temple at the site, it in no way affects the Muslims’
title to the place because they have enjoyed ‘adverse possession’
of the site for over four hundred years! To enlighten the laymen
which is what most of us are, ‘adverse possession’ means the
acquisition of title to real property by continuous possession for a
prescribed period of time. It is a method provided in the common law
for a person to obtain title to land through use. The law has
clearly laid down the circumstances to which it is applicable and
also not applicable.
The learned judges
could be expected to interpret the same and it i s best left to
them, at least till they give a final verdict. But the media’s
invocation of this legal phrase is a flippant, off the cuff gag
thrown with malicious intent, just to confuse the people and more
importantly, to further their sworn agenda of Hindu baiting and
denigration of its symbols. Most of these men are atheists and so
have no stake, moral or cultural, in a Ram temple. Logically they
have no locus standi, and therefore they have pitched their camp
with their enemy’s enemy, as stooges of rabid minority elements
whose vile interests they promote unabashedly under the garb of
secularism. But since they have sought to parrot this legal jargon
as a bogey, it is imperative to let them know what a boomerang they
have unleashed. It has been universally well established that a
person’s right to acquire real property by adverse possession
begins with the wrongful occupation of another person’s property .
Adverse possession is a tenet that only usurpers, overstayers,
trespassers ...... all illegal occupants, in short, use as
protection to legalise what is essentially not theirs. And this is a
law that is already under severe scrutiny for its unseemly record of
siding with illegality, in all innocence albeit, to the detriment of
genuine owners.
A property gained
by adverse possession could be a legally valid right but remains a
morally inferior act of dispossessing a legitimate owner. All these
ingredients are present in abundance, in intent and action, in the
claims of secularists and their Muslim backers. By resorting to ‘adverse
possession’ they are in effect forfeiting even any semblance of
ethics or values and making the entire Ayodhya issue seem like a
simple land dispute instead of a matter of abiding faith of millions
of people over thousands of years. To see it just through the prism
of a title issue is a typical shortsightedness willingly inflicted
upon themselves by motivated men.
But, for these
seculars, this is the stick that has now come handy for use, at
least till the last legal word is out. And so, Babar by virtue of
occupying the site for over four hundred years, forcibly at that,
should automatically become its owner, even if Rama was to rise from
the depths in the course of an excavation, to prove his title! We
must salute these secularists for a signal service they have
rendered by their profound discovery, not just to the law of the
land, but to international law too. For, by the same logic, the
entire India –– the undivided one, that is –– has to be
forthwith handed over to the British, for did not the whitemen enjoy
‘adverse possession’ of our country for nearly three centuries?
These secular zealots can even go a bit deeper into history and try
to trace out some legacy of Babar and handover not just a site at
Ayodhya but the entire Bharat to him, for his ‘adverse possession’
could be even more strong than the Britishers! Ridiculous? May be,
but no more preposterous than the suggestion of the editorial
eminences! What perversion, to believe that adverse possession could
be superior to absolute possession!
And from that flows
their second objection to a Ram temple. An extremely un-Hindu, and
therefore wholly secular, national daily has subtly planted a
sinister suggestion that the Muslims’ interests have been
jeopardised because the idol of Ram lalla was ‘surreptitiously
placed in the site at the dead of night’. Possible. But what about
the Hindu sentiments and interests that were blatantly violated in
broad daylight by medieval Muslim marauders over centuries on
centuries whilst scores and scores of temples were looted, destroyed
and desecrated with mosques coming up over their ruins? Is it not a
sad commentary that while righteousness needs the cover of darkness
to sustain itself, barbarism can be paraded naked with pomp and
glory!
That this historic
sadistic streak is still secure in the minds of Babar’s legacy
comes as no big revelation. Otherwise, they themselves would have
come forward to hand over the site to Hindus for they know well that
the Hindus have believed over thousands of years and still do, that
Rama was born there. Not just the site, but Ayodhya itself is
symbolic of Rama. If not Ayodhya, where else could Rama be housed?
Mecca? Jerusalem? Vatican? And this fanatical fad for a masjid has
been no less enhanced by a more fanatical secular crowd who have
struck a perfect rhythm with the former – an alliance akin to the
one between Kaikeyi and Kooni –– with identical fallout for Rama.
Only that, while K & K wanted Rama banished from Ayodhya only
for fourteen years, the current conspirators are planning for an
eternal exile for the Righteous as well as rightful prince of
Ayodhya. And like the helpless Dasharatha, the country is paying the
price for having courted one too many partners! There is a message
for the true sons of the soil in Rama’s continuing tale of
torment!
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