Saturday, September 18, 2010

HC rejects plea to defer verdict in Babri Masjid title suit

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Dinamani ePaper

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High Court rejects plea to defer verdict in Babri Masjid title suit

ATIQ KHAN

LUCKNOW, September 17, 2010

Personnel in Ayodhya on Thursday as part of tight security arrangements, ahead of the verdict on Ayodhya title suits. The Lucknow bench of the Allahabad High Court on Friday dismissed a petition seeking deferment of its Sept. 24 verdict in the case.
PTI Personnel in Ayodhya on Thursday as part of tight security arrangements, ahead of the verdict on Ayodhya title suits. The Lucknow bench of the Allahabad High Court on Friday dismissed a petition seeking deferment of its Sept. 24 verdict in the case.

Judges say application lacks merit, impose fine on petitioner

The Special Bench of the Allahabad High Court on Friday rejected a plea for deferment of the verdict in the Babri Masjid title suit and imposed a heavy fine on applicant Ramesh Chandra Tripathi. The judgment on the 60-year-old title suit will be pronounced at 3.30 p.m. on September 24. The court reserved its judgment on July 26.

The Special Bench, at its Bench of Judicature here, comprising Justices S.U. Khan, D.V. Sharma and Sudhir Agarwal, said that Mr. Tripathi's application lacked merit. It also imposed "exemplary costs" of Rs. 50,000, terming his effort for an out-of-court settlement as a "mischievous attempt."

Before passing its order, the court sought the opinion of counsel for the contending parties on whether they supported the plea. They replied in the negative.

On July 27, the court took the initiative for an amicable solution to the dispute when it called on counsel for the contending parties to go into the possibility. But no headway was made.

Mr. Tripathi's application was filed on September 13 with the Officer on Special Duty (OSD). It expressed the apprehension that law and order problem might arise soon after the verdict.

The next day, the Special Bench called counsel to be present in the court on September 17 to go into the possibility of an amicable settlement.

Mr. Tripathi's plea was opposed by the Akhil Bhartiya Hindu Mahasabha and the Sunni Central Board of Waqfs, which submitted separate replies to the OSD on September 16. Stating that an amicable solution was not possible, they alleged that the application was mala fide.

Mr. Tripathi, a retired government employee belonging to Ambedkar Nagar district, is defendant number 17 in the title suit case. He was associated in the dispute since 1971.

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Ayodhya petitioner to move Supreme Court

Fri, Sep 17 2010 22:39 IST |

Lucknow, Sep 17: Retired bureaucrat Ramesh Chandra Tripathi, whose plea for a court direction to the parties in the Ram Janmabhoomi-Babri Masjid dispute to find an amicable and out-of-court settlement was dismissed by the Lucknow bench of the Allahabad High Court Friday, will now move the Supreme Court.

"The high court order has not disheartened me at all and I am definitely going to file an appeal before the Supreme Court," the 73-year-old Tripathi told IANS here.

"I am not ready to give up as my effort was aimed only at serving the larger objective of ensuring peace and communal harmony in the country," he said.

"Since there is very little time left for the final judgment which is slated for Sep 24, I have to rush to Delhi as soon as possible," he added.

When his attention was drawn to the high courts order that had not only questioned his motives, but also charged him of making an "attempt to divert, deviate and obstruct" the Ayodhya case that was pending before courts for six long decades, Tripathi shot back: "Well, the high court has all the right to draw its own conclusions, but tell me, what would a 73-year-old man achieve by doing all that the court has accused me of attempting?"

Meanwhile the 16-page written order released by the three-judge bench of Justice S.U. Khan, Justice Sudhir Agrawal and Justice D.V.Sharma late Friday evening, has termed the amicable settlement plea as "mischievious", for which a Rs.50,000 fine has been slapped on Tripathi.

"Considering the facts and circumstances and also the fact that the applicant, without any lawful excuse or reason, has filed this application, we hold this attempt mischievous and therefore, he deserves to be imposed exemplary costs of Rs.50,000," the bench ruled.

The bench also frowned on Tripathis plea that the verdict could lead to law and order problems.

"We are really surprised to hear the wonderful argument by which he tries to frighten a court of law alleging apprehension of violence if judgment is delivered and thereby asking the court not to decide a case.

"The ways and means may be sophisticated but the end game is clear. This is something what the people of India least expect from a court of law and that too the highest court in a province," the court added.

The court has also not spared the media while dealing with Tripathis plea that his apprehensions about law and order threats were based on media reports.

"We find that of late, reports in both the electronic and print media are not exactly correct. Instead of giving correct information to enlighten the masses, incomplete and sometimes incorrect information is given, more so as sensation than communication of correct information," it said.

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