Judgment needed

Judgment needed

Negotiated settlement for Ayodhya dispute is neither pragmatic nor plausible.
The Supreme Court urging parties to the Ram Janmabhoomi Babri Masjid dispute to make another attempt at resolving their differences through negotiations has come as a bit of a surprise. The dispute, which saw the demolition of the Babri Masjid in Ayodhya in 1992, has dragged on for decades. The Allahabad high court attempted to resolve what amounted to a complicated legal tussle with its judgment of September 30, 2010. However, this was stayed by the apex court on May 9, 2011.
Against this backdrop, the apex court's latest insistence on negotiations ¬ including Chief Justice JS Khehar offering himself as a possible mediator ¬ is certainly well meaning. But it is unlikely to yield results. Earlier attempts at out-of-court settlements have failed to make any headway for decades. And there is nothing to suggest that things have changed in this regard now. On the contrary, with BJP's recent electoral victory in UP the Hindu parties to the dispute could be seen as having a distinct advantage.
This makes negotiations on the basis of equality implausible.
Given this scenario, it will be far more pragmatic for the Supreme Court to hear the case and provide a final judgment on the title of the disputed land. In this regard, it is expected that the apex court will go strictly by the law. Everything else is extraneous ¬ whether they be political “sentiments” (in which case the judiciary is superfluous) or a judge's personal moral preferences (which would constitute judicial overreach). A reference to sentiments is not enough as there can be contrasting sentiments on any issue. Giving free rein to sentiments is a recipe for anarchy and the dispute has triggered enough rioting and destruction already.
A way to uncomplicate the seemingly intractable issue may be to treat it as a local dispute between the Nirmohi Akhara and the Sunni Wakf Board, and disregard politically supercharged interventions that have occurred since Partition. Additionally, there's no denying that the demolition of the Babri Masjid was an act of criminality for which recompense needs to be made. Taking all of this into consideration, the Supreme Court should expedite the hearing of the Ram Janmabhoomi-Babri Masjid case. It should not allow any new parties to join the case and give its judgment on the basis of constitutionality and law.