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January 01, 2001 Issue




COVER
  Return of the Dons
Faced with a shrinking empire, a desperate underworld targets the film industry again. This time round, it's not just extortion. The gangsters muscle their way to a larger share of the profits.


 
THE NATION
 

Closing in on Mr Q
The Bofors gun scam gets another twist with the arrest of Italian businessman Ottavio Quattrocchi. For the CBI, struggling with investigations, the arrest is a feather in its cap.

 
BUSINESS
 

God's Advocate
With delay built into the court battles being fought over the ownership of Ayodhya's famous site, the VHP turns on the heat.

 
Columns
 

Fifth Column
by Tavleen Singh
Abuse of Power

 
  Kautilya
by Jairam Ramesh
What Will Bush Push?


 
 

Politically Correct
by P. Chidambaram
Releasing the Genies

 
 

Right Angle
by Swapan Dasgupta
Weariness of Ayodhya

 
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  Kashmir  
  West Bengal  
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NewsNotes
 

Fast Food Chain

 
 

Call of the Party

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THE NATION: AYODHYA

God's Advocates

With delay built into the court battles being fought over the ownership of Ayodhya's most famous site, the VHP turns on the heat.

By Ashok Malik in Ayodhya

Driving though the narrow but reasonably well-paved lanes of Ayodhya, my eyes strain to spot Vinay Katiyar's house. The Lok Sabha member from Faizabad has told me that he stays "behind Kanak Bhavan". So I wave to a bystander, a little man in a crumpled kurta.

"Kanak Bhavan kahan hai?" I ask him.
"Peechhe chhor aaye aap, dahine ghumna tha."
"Kya (Ram) mandir ke paas hai?"
"Jee haan, masjid ke paas."

The VHP's two construction workshops in Ayodhya employ about 100 artisans from as far away as Gujarat

Having said that, my extremely polite, almost gentle interlocutor walks away. He leaves me with one answer; and numerous questions.

People in Ayodhya, a whole generation of journalists has assured the world, are no different from the rest of the human race. A walk around the Faizabad chowk, the bustling marketplace 6 km from the "disputed structure"-the destruction of which convulsed a whole civilisation on December 6, 1992-confirms this and is, in fact, an education in consumer behaviour.

The same impulses you see in a supermarket in south Mumbai come into play here, the same advertising techniques act as allurements. A huge Gelusil hoarding stands a few feet from a hakim's tiny clinic; copycat VIP suitcases beckon shoppers; the decidedly old Shahab Boot House now sells Woodlands and Adidas footwear. The Ghantaghar, the colonial clock tower that is arguably the most aesthetic structure in these parts, looks elegant. Everybody, everywhere is chewing either paan or neem twigs. All is well with the world.

Then you hear the clip-clop of the horses carrying a posse of policemen, and notice the extraordinarily large number of men in uniform hanging around the market. Speaking to locals-shopowners, students, mechanics, priests, everymen-you gather they are, as would be expected, decent folk with normal aspirations. That's till you mention the Ramjanmabhoomi-Babri masjid. Hindus and Muslims don't scream, screech, froth at the mouth or grab the nearest dagger. They want nothing but amity; they also want nothing but the temple-or the mosque. The polarisation is latent but near complete.

By common consensus-and the prevailing wisdom in political circles in Delhi-the court should sort out the dispute. Fair enough, but what exactly are the cases and how close is the court to judgement?

Religion in the witness box

The contemporary legal battle began in 1949. Till December 22 that year, idols of the boy (lalla) Ram and those of Sita and Lakshman were worshipped on a chabutra (platform) just outside the mosque. For years the chabutra mandir as well as the adjoining Sita ki Rasoi building had been in the possession of the Nirmohi Akhada, a seminary of the Ramanandiya Bairagi sadhu sect.

"Construction should begin in 2001 end."
Vinay Katiyar, Faizabad MP

Between 2 and 3 a.m. on December 23, 1949, the idols were shifted from the chabutra to right under the mosque's central dome. The next morning Ayodhya was in a tizzy. The property was attached, the district magistrate (DM) appointed receiver and the matter heard under Section 145 of the Indian Penal Code ("joining or continuing in unlawful assembly, knowing it has been commanded to disperse").

The DM was to decide "which party was in peaceful possession of the property up to two months before the event". The Muslims-represented by Haji Feku (zamindar and chairman of the municipality), Haji Faikh, Acchan Mian (both zamindars), Zahur Ahmed (surma shop-owner) and weaver-factotum Syed Hashim Ansari, at 82, the only one alive now-argued that their right to offer namaz was being hindered.

The Hindus-represented by pujari Baldev Das of the Nirmohi Akhada and Abhiram Das of Hanuman Garhi, a local seminary-said no namaz had been offered since a bloody riot in 1934.

While the matter was being heard, worship of idols began behind a locked gate. The "Section 145 ka kissa" was soon superseded by legal battles before the Faizabad district court:

1950 (January): Gopal Singh Bisaria vs Faizabad district administration, Haji Feku and others. In his petition, Bisaria, a Hindu Mahasabha member from Samthar, Madhya Pradesh, said his fundamental right to pray at the Ram lalla temple was being obstructed. Bisaria died in 1992. His son Ramesh Chand has inherited the case. His lawyer is Ranjit Lal Verma, whose father, Sarabjeet Lal, was one of the lawyers in 1950.

1950 (October): Ramchandra Paramhans, a Bihari monk who had made Ayodhya his home, filed an identical suit. The only difference was that Paramhans sent a notice to all the defendants and after waiting for the statutory 60 days, filed a case. An ageing Paramhans withdrew his suit in 1986.

1959: Nirmohi Akhada vs District administration, leading Muslims of Ayodhya and any interested Muslim. The Akhada claimed ownership of the site.

1961: Sunni Central Wakf Board vs District administration, leading Hindus of Ayodhya and any interested Hindu. The Board claimed ownership of the site.

1989: Justice (retd) Deoki Nandan Agarwal filed a case as "next friend" of "perpetual minor" Ram lalla. The plea read: "My sevaks should be allowed to repair my house."

In 1989, the cases were transferred to the Allahabad High Court (Lucknow bench), where the primary evidence is currently being recorded. The Wakf Board has 200 witnesses to testify that namaz took place at the site till December 22, 1949. Over 150 of them, says Hashim, are dead. About 25 witnesses are eventually expected to give evidence; the 17th is now being examined.

After these witnesses, a 100-odd witnesses from the Hindu side are due to give evidence. Some half of them, says Verma, are dead. As if the languorous process were not enough, Verma explains why he doesn't expect the courts to ever reach a verdict.

When the original plaints were drafted, the idea of making "every interested Muslim" and "every interested Hindu" a defendant was both an act of rhetoric and a means of postponing any probable defeat. "The plan was," admits Verma, "that if a difficult situation arose, there would be any number of people who would declare themselves parties and delay the case."

The mofussil lawyer's trick has become litigation's nightmare. It has ensured that Hindus and Muslims far away from Ayodhya are now part of the case. It also means a verdict can, in theory, be postponed till eternity.

What's the VHP plan?

Katiyar and Hashim are in absolute agreement that left to themselves, ordinary Hindus and Muslims will sort things out. The only difference is in terms of the result. Katiyar says, "We will build a grand mandir. This has never been a masjid, only a maha zid (great intransigence)." Hashim-now the pointsman for the Babri Masjid Reconstruction Committee-is more ominous: "If the mosque is not rebuilt, India will break into as many pieces as the Babri masjid crumbled to."

The Vishwa Hindu Parishad (VHP) made the mandir struggle an all-India one in the 1980s. It now thinks its strongest weapon is a shila lekh (stone tablet) with an inscription dating back to the 12th century and speaking of a Vishnu temple. It says this was found during the demolition. Its opponents dismiss this as a "plant". The VHP plans to go ahead with temple construction anyway. At its January 19-21, 2001 Dharma Sansad (religious parliament) at the Kumbh Mela in Allahabad, it will set the time table. Katiyar offers a clue: "A practical date is November-December 2001." In a happy coincidence, the assembly elections in Uttar Pradesh are due in March 2002.

The proposed temple is a two-storeyed, 268.5 ft by 140 ft structure. Its garbha griha (sanctum sanctorum), Katiyar says, will be the 40 ft by 60 ft area that once housed the Babri domes. The VHP says it will begin by constructing four gopurams (gateways) far from the contentious site. It wants the Centre to release part of the 67 acres the Government has acquired around the tarpaulin-covered temple (see graphic) for the gateways.

Will the BJP go back to Ram?

That the BJP is in a pitiable condition in Uttar Pradesh is no secret. Kalraj Mishra, state unit president, is candid, "Till a few months ago, people were saying we wouldn't win more than 30-40 seats. Now I think we are at the 100 level." In a house of 405 MLAs, that figure is certainly not going to ensure power.

So was Prime Minister Atal Bihari Vajpayee's statement that the "Ram temple is an expression of national sentiment" designed to galvanise the party in Uttar Pradesh? Mishra is tentative, "Workers are enthused by sentiment, and for us sentiment is best expressed through the Ram mandir issue."

A senior Union Cabinet member emphasises that the mandir card has limited uses: "As long the dhancha (structure) was there, it was possible to project it as a symbol of humiliation. Now that it has gone, the same emotions don't exist." The VHP's calculations are different. Since the demolition it has grown into the Hindu equivalent of an evangelical movement. For instance, it uses Ayodhya as the base to educate tribals from Assam to Madhya Pradesh on how to recite the Ramcharitmanas. In 1995, the VHP's membership stood at three lakh. Now it has doubled and there are plans to enrol another 20 lakh by the end of 2001. Obviously a fervid temple crusade is at the centre of this programme.

The VHP is increasingly becoming autonomous of the rest of the Sangh Parivar, even criticising senior RSS leaders of late. Its old guard like Ashok Singhal has always resented the fact that the Ram movement was hijacked by the BJP. Praveen Togadia, VHP international general secretary, is determined that this won't happen again: "We are not concerned whether somebody loses the kingdom of Sri Lanka or somebody wins Kishkindha. We are going to build a temple at that spot." As a custodian of substantial votes-particularly in crucial tribal areas across the country-it figures it can shape the BJP's agenda.

In Valmiki's epic, Ram's exile was followed by his return? Will Vajpayee's Ayodhyakand be a re-run?

-with Subhash Mishra and Uday Mahurkar

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