Journey
of a Hindutva devotee as Justice/Chief Justice of Supreme Court of India
D Y Chandrachud
took charge as Chief Justice of the Indian Supreme Court (SC) on November 09,
2022. On this occasion many of the pseudo-liberals who claimed to be defenders
of the democratic-secular polity of India manifested great happiness. They declared
that the time of SC being an appendage of the RSS-BJP government headed by PM
Modi was over as Justice Chandrachud was a liberal judge committed to the
democratic-secular polity of India.
This
eulogization had started when he was only a Justice at the SC Bench. A renowned
constitutional expert representing this tribe of pseudo-liberals, stressed that
“[SC] Judges have been not only fair but also sensitive to Muslim causes”.
Justice D Y Chandrachud was described as a “scholar judge”. Faizan continued to
elaborate:
“On
June 20 [2022], Justice D Y Chandrachud was asked about the judiciary’s
treatment of Muslims at King’s College London. Justice Chandrachud didn’t take
offence to the question but answered it politely…our judges do not have the
litigant’s religious identity in mind while dispensing justice.”
(‘Muslims
and Judiciary: We do not have Muslim or non-Muslim judges in India’, the Indian
Express, July 8, 2022. https://indianexpress.com/article/opinion/columns/muslims-and-judiciary-we-do-not-have-muslim-or-non-muslim-judges-in-india-8008761/)
We find the
pseudo-liberal fans keeping mum when the Chief Justice of India (CJI)
Chandrachud on October 20, 2024, disclosed in a meeting in his ancestral village
in Maharashtra that
"Very
often we have cases (to adjudicate) but we don't arrive at a solution.
Something similar happened during the Ayodhya (Ram Janmabhoomi-Babri Masjid
dispute) which was in front of me for three months…I sat before the deity and
told him he needs to find a solution."
How he found
the solution was made clear by the following words of him: "Believe me, if
you have faith, God will always find a way". He did not disclose which
deity he consulted and whether Lord Ram was one from whom he sought guidance
but it was clear Muslim God was not consulted! By indulging in this Heavenly
Guidance Chandrachud only manifested his lowest level of IQ and grasp of
law-justice. Only an insane person could do it as Hindu deity was a party to
the suit.
An illustrious
former Judge of Delhi High Court, Justice Rekha Sharma talking to Karan Thapar
(The Wire) stated that “I was dumbfounded, I couldn’t believe my ears and I
felt I should hear it again and again to be sure that I had heard right”. [https://www.youtube.com/watch?v=hxWUYBfwfhM]
SN Sahu, a
former Press Secretary to President of India late KR Narayanan, rightly, asked,
that for Chandrachud:
“[The]
principles of the Constitution, law and jurisprudence did not determine the
process of adjudication, and a faith-based approach was adopted to invoke a
divine figure to find a way out…Does the Constitution permit any judge,
including the CJI, to find a judicial remedy to a dispute by praying to a deity
who was a party to the dispute?”
(‘Sat before God, prayed for solution:
Chief Justice Chandrachud on Ayodhya dispute’, India Today,
Delhi, October 21, 2024. https://www.indiatoday.in/india/law-news/story/chief-justice-of-india-dy-chandrachud-ayodhya-verdict-god-prayers-ram-janmabhoomi-babri-masjid-dispute-2620215-2024-10-21)
Chandrachud’s
term as Justice and CJI at SC is a narrative of his consistent devotion to the
Hindutva ideology and its practitioners as we will see in the following.
Justice
Chandrachud as author of Babri mosque-Ram Janam Bhoomi judgement delivered on
November 9, 2019
It
is established that despite irrefutable contrary facts corroborated by the SC
in its own Judgment, the site of the Babri mosque was handed over to RSS-VHP.
1. “The
exclusion of the Muslims from worship
and possession took place on the intervening night between 22/23 December 1949 when the mosque was
desecrated by the installation of Hindu idols. The ouster of the Muslims on
that occasion was not through any lawful authority but through an act which was
calculated to deprive them of their place of worship.” [Supreme Court Judgment
dated November 9, 2019, pp. 921-22]
2. “On
6 December 1992, the structure of the mosque was brought down, and the mosque
was destroyed. The destruction of the mosque took place in breach of the order of status quo and an assurance
given to this Court. The destruction
of the mosque and the obliteration of the Islamic structure was an egregious
violation of the rule of law.” [Supreme Court Judgment pp. 913-14]
3.
The Judgment also nowhere mentioned that Babri
Mosque was built after destroying a Ram Temple in the past. [‘No, the Supreme Court did not uphold the
claim that Babri Masjid was built by demolishing a temple’, November 11, 2019. https://scroll.in/article/943337/no-the-supreme-court-did-not-uphold-the-claim-that-babri-masjid-was-built-by-demolishing-a-temple]
Supreme Court took a U turn handing over the site for Ram Temple
building to the same group of Hindutva organization which had conspired in both
the cases. Supreme Court ensured that no Hindu competitor of RSS-VHP is allowed
any participation in latter’s Ram Temple project, disallowed claim of Nirmohi
Akhada, the original claimant of Ram Temple at the site of Babri Mosque. [Supreme Court Judgment p. 925].
This Judgment legitimized the criminal acts of the Hindutva
zealots; what Hindutva goons could not achieve on December 22-23, 1949, and
December 6, 1992, was got delivered to RSS through this Judgment thanks to the
guidance of a Hindu deity! It is important to note that Babri mosque-Ramjanam
Bhoomi case was not a Hindu-Muslim issue which was made out by Hindutva
organizations and later SC falling for it.
CJI Chandrachud
facilitated Hindutva project of taking over major Muslim mosques
In
the wake of aggressive Hindutva campaign for demolition of Babri mosque, Indian
Parliament passed Places of Worship (Special Provisions) Act, 1991 so that
except Babri mosque no other place of worship as it existed on the 15th day of August
1947, will be disputed. [https://www.mha.gov.in/sites/default/files/PlaceWorshipAct1991.pdf]
Even Ayodhya judgement penned by Chandrachud upheld this Act. However, in Gyanvapi
Survey case SC Bench headed by CJI (August 4, 2023), questioned its
applicability thus opening flood gates of disputes over religious places,
specially, mosques. Indeed, it happened with a flood of copy-paste petitions
against prominent mosques. [‘To
Demolish Gyanvapi, A Deluge Of Copy-Paste Petitions Aims To Overwhelm Muslim Defendants
& India’s Judiciary’, Article 14, Bangaluru, May 30, 2022. https://article-14.com/post/to-demolish-gyanvapi-a-deluge-of-copy-paste-petitions-aims-to-overwhelm-muslim-defendants-india-s-judiciary--62942636cb6fd]
Renowned
political analyst, Ashutosh stated that 1991 Act was expected to put at rest
the Hindutva project of demolition of innumerable mosques. On the contrary,
“While
hearing the Gyanvapi petition, Justice Chandrachud opined that the 1991 Act
does not stop the ‘ascertainment of the religious character of the place’…Now
anyone can go to court and put a question mark over the veracity of any mosque
or temple or Gurudwara or church or a synagogue and request to change its
status…Therefore the Supreme Court has practically made every religious place
in the country suspect and disputed. Would it be correct to say that the
Supreme Court in its deliberation has, mistakenly, been impacted by the
majoritarian thought process?”
[‘Supreme Court does not stop Gyanvapi survey: Use methods that are
non-invasive’, The Indian Express, August 5, 2023. https://indianexpress.com/article/india/supreme-court-declines-to-stay-hc-order-permitting-asi-survey-of-gyanvapi-mosque-8876521/]
Saffron flag as the unifying flag:
chief justice of India reaffirms commitment to Hindutva
If one needed
another proof of his love for Hindutva we must take note of his love for
saffron flag as flag of justice and not the National Flag; the Tricolour. While
addressing the legal fraternity of Rajkot, Gujarat, Justice Chandrachud after
performing pooja at Hindu temples of Dwarikadhish and Somnath with his family
in Gujarat on January 6 (2024) had no qualms in stating:
“I was inspired
this morning by the dhwaja [flag] at Dwarikadhish ji, very similar to the
dhwaja, which I saw at Jagannath Puri. But look at this universality of the
tradition in our nation, which binds all of us together. This dhwaja has a
special meaning for us. And that meaning which the dhwaja gives us is – there
is some unifying force above all of us, as lawyers, as judges, as citizens. And
that unifying force is our humanity, which is governed by the rule of law and
by the Constitution of India,”
[‘After temple
visits, CJI D Y Chandrachud flags ‘dhwaja of justice’ to district court
lawyers’ The Indian Express, January 7, 2024. https://indianexpress.com/article/cities/ahmedabad/after-temple-visits-cji-flags-dhwaja-of-justice-to-district-court-lawyers-9098282/]
It is to be noted that all the above referred temples fly
saffron/yellow flags and CJI Chandrachud implied that Tricolour; the Indian
National Flag was not the “unifying force” but the flags flying at the temples.
The above statement of CJI was, in fact, rephrasing of the statement of the
most prominent ideologue of RSS, M S Golwalkar who while addressing a
Gurupurnima gathering in Nagpur on July 14, 1946, stated:
“It was the saffron flag which in totality represented Bhartiya
[Indian] culture. It was the embodiment of God. We firmly believe that in the
end the whole nation will bow before this saffron flag.”
[Golwalkar, M.S., Shri Guruji Samagar Darshan
(collected works of Golwalkar in Hindi), Bhartiya Vichar Sadhna, Nagpur, nd.,
volume 1, p. 98.]
This hatred for
the Tricolour led RSS to declare the Tricolour as ‘evil’ on the eve of
Independence. The RSS English mouthpiece ORGANIZER demeaning the choice of the
National Flag (14 August 1947) wrote:
"The
people who have come to power by the kick of fate may give in our hands the Tricolour,
but it never be respected and owned by Hindus. The word three is in itself an
evil, and a flag having three colours will certainly produce a very bad
psychological effect and is injurious to a country."
It is horrendous that CJI of Indian
Supreme Court who is duty-bound to safeguard the democratic-secular polity of
India with Tricolour as a unique symbol of it, is renegading on his OATH which
he took while assuming the office as the 50th CJI on November 9,
2022!
CJI invited
PM Modi for Ganesh prayer at his official residence
The
Supreme Court of India came into existence on January 28, 1950. Since its
inception it never witnessed the spectacle which Indian nation came across on
September 11, 2024, at the official residence of CJI in Delhi. During the
Ganesh Chaturthi celebrations PM Modi was exclusively invited for puja (Ganesh
worship). The visuals made it clear that it was not puja conducted by CJI or
his wife or a priest but PM in the centre conducted the puja. It was again an
open display of Hindu identity by the CJI and his devotion to the Hindu Hirday
Samrat, PM Modi. It was no private puja as the national-international media was
invited to record the event. CJI was not bothered that with Maharashtra
Assembly elections approaching (November 20th) it would give electoral
advantage to BJP and its allies. Of course, he was least bothered that he
headed the highest court of justice of a democratic-secular India! The
speculation may be right that CJI was looking for post-retirement sinecures
from Modi known for his large-heartedness towards the kowtowing Justices. Will
it be a seat at the Hague International Court of Justice? But the issue is at
what cost!
[Photo
courtesy Business Standard]
The journey of DY Chandrachud as a Justice and
CJI of the Supreme Court of India makes it glaringly clear that he retained all
the characteristics of a Hindutva cadre throughout. He continuously indulged in
double/triple talk, played majoritarian card, hobnobbed with the Hindutva
rulers and bothered least about constitutional propriety. He succeeded in his
designs as he had the advantage of being a High Caste Hindu.
Shamsul Islam
October
26, 2024
Link
for some of S. Islam's writings in English, Hindi, Urdu and translations into
Marathi, Malayalam, Kannada, Bengali, Punjabi, Gujarati, and video
interviews/debates:
http://du-in.academia.edu/ShamsulIslam
Facebook:
https://facebook.com/shamsul.islam.332
Twitter:
@shamsforjustice
http://shamsforpeace.blogspot.com/
Email:
notoinjustice@gmail.com
Link for procuring Shamsul Islam’s books
in English, Hindi & Urdu:
https://tinyurl.com/shams-books
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