Tuesday, May 10, 2011

Now the appeals on before Supreme Court. These cases are first appeals in the civil side. Allahabad High Court has acted in the original side and conducted trail and gave judgement. In the first appeals, as per the civil law of India, both evidence and legal position will be heard and examined once again. Normally no fresh evidence will be allowed to be introduced in the appeals. i do not see possibility of some important and previously unknown evidence coming up at this stage. So Supreme Court has to hear what ever material what is there on record.


In this condition all the gurus who has examined the entire evidence here can reassess the same and see if any different conclusion can be drawn on the same material. My dirty communal mind says that it is not so easy. There is several legal issues are there and there is always possible to reach different view. But with serious defects in the evidence I do not see how Jihadi case will servive.

My view as an advocate for 6 years before AP High Court and as a Legal advisor for some 12 years after that is

1. The case of the Jihadists has considerably weakened with their admission that they agree that Hindus belive that Ram is born in the present Ayodhiya city. They have initially disputed the same in the written statement. With this the Hindus need only prove there is some temple etc and a particular place is believed to be Janmasthan. For that there is sufficient material for that.

2. The disputes on the site are known well and there is considerable material to show that. There was no uncontested and peaceful possession to Muslims till 1948/9 at any given point of time. Further their suit is hopelessly to time barred.

3. Jihadi forces have their worst enemies in our Jholawala brigade and AMU/JNU historians who do not know their difference between A*s to elbow in the history and never tried to learn it. You can see a Doctor in History saying that Prudhvi Raj is the ruler of Afghanistan in this case. What else you need to lose?

4. Jihadis never accepted that there is strong case for Hindus. So I wonder they make any better effort in the appeal. I wonder any Senior Advocate will tell them on the face that that they are facing serious problem with the lack of evidence and the streamnth of Hindu evidence. Jihadis simply can not accept that. They are now thinking that the

Allahabad Court

is somehow made a serious mistake and there is no material to support Hindu case. It is just like 9/11 is a Jew thing.

5. It takes lot of effort to conduct the case or an appeal of this nature. Lot of support is needed to be given to the advocate in supplying the material etc. Civilisationally , this is the first time in the History of Islam, Jihadi forces had to prove their right for occupy a place before a non religious court. I think they are not capable of effectively doing that. Arguing for truth takes lot of practice and social and cultural background and they as group do not have it. They need no prove anything as true as long as their have big swords and now they all believe their side is correct and rest is western conspiracy.

I have not gone minutely into evidence and these are my views on the weaknesses Jihadis as litigants have and I am of the view that much time these weaknesses play decisive role in the litigations. Gurus can correct me