Sunday, October 10, 2010

perverse judgment

A judgment by a court of law includes identification of points of contentions between the litigants and adjudication of such issues in accordance with law. Unfortunately, both these tasks have not been performed by three learned judges of Allahabad high court while disposing of the sixty year old Ayodhya dispute suit. The issues which had been framed have not been decided and the issues which were not even framed have been decided.
Lord ram is bhagwan is a matter of faith and can neither be proved nor disproved in a court of law. But lord Ram was born at a particular place is surely a question of fact.
The judges have have not taken into consideration the law of evidence applicable to courts in India. In fact, it is a judgement not based on rule of law. If this judgment is not set aside, it will create a precedent which can have dangerous consequences for the country.

Even if every citizen of India accepts the partition of suit property as decreed by court, even then this judgment should be challenged. The solution decreed by court can be a solution by compromise and if it is done I will have no objection as a student of law, but if the decree is accepted it will be a tragedy as far as civil law is concerned.
I have briefly tried to mention my reservations about the judgment. I have read almost ten thousand pages to write a paper for a seminar. If any student of law has any inputs he may send those so that the paper is as comprehensive as possible.

2 comments:

  1. Sir it was a pleasure appearing before you in Bom HC. I agree with you assessment of the Babri verdit but in this case it seems court had very little choice. I assume you must have got an opportunity to read the entire text of the judgement, i have not seen the full text but what has come out in public so far is very confusing. As a lawyer i agree with what you have stated above.

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  2. Amit,courts always have only one choice,decide according to law.A case can be decided only in one way and that is dictated by law to the judge.POssible consequences of a judgment should not bother the judge.

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