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Ayodhya appeal may throw up faith-fact issue:
Sibal
Wednesday, October 06, 2010 07:08:08 PM,
IANS
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New Delhi: "Can faith be the basis of a fact?" This
fundamental issue may arise in the Supreme Court if it is moved by
any litigant against the Allahabad High Court's Ayodhya verdict,
Human Resource Development Minister Kapil Sibal has said.
Asked by Karan Thapar, who interviewed Sibal for CNBC TV18, about
the issues the high court judgment has thrown up, the minister
said: "There is, for example, the fundamental issue that will
arise in the SC (Supreme Court), that can faith be the basis of a
fact?"
Talking about "the Ramjanmabhoomi janmasthan issue", the eminent
lawyer said: "The majority in the judgment has held that there is
a general perception amongst the Hindus that this is the
janmasthan of Ram, and therefore the Ramjanmabhoomi...and the
conclusion of the judgment is that a Ram temple should be built
there. That issue will certainly arise in the SC."
The minister asked the leaders of the political parties to make
"simplistic statements" on the issue, as "every issue that arises
from this case is complex".
Sibal said though historians have made statements on the
Archaeological Survey of India (ASI) report, accepted by two of
the three high court judges who delivered the verdict, "in the
ultimate analysis, the Supreme Court will definitely look (into
the issue)."
"Remember, this is the first appeal. In normal circumstances,
these matters are not decided by the high court. But there was a
special dispensation. The high court was charged with the
responsibility of doing so. So, when it comes up in appeal, the
Supreme Court is going to look at each issue of fact and law
meticulously -- especially of fact," said the minister.
One of the high court judges said there was a non-Islamic
structure underneath the mosque -- what does that mean? he asked.
"Is every non-Islamic structure a Hindu temple or is it a Hindu
temple? Whether it is a non-Islamic structure or not? But these
are factual issues again, on which I have no expertise at this
point in time. But this is a fundamental issue that arise on
facts," Sibal added.
Asked about the high court judges' acceptance as "Ramjanmabhoomi
itself as a deity", the minister said: "That's a very very complex
legal issue".
"Because remember, the Ram Lalla was placed in 1949 in the sanctum
sanctorum. Whether that act by itself translates this into a deity
or not I don't know. There again the Supreme Court will apply its
mind and decide," Sibal said.
"But quite frankly, all these issues as I said are highly complex,
highly charged and, therefore, the Supreme Court will be very very
careful and meticulous in analysing the judgment and coming to a
conclusion consistent with the constitution and the laws," he
said.
Rejecting the notion that the government should step in as the
high court itself has said that the status quo will continue for
the next three months, giving time to the three parties to find a
method amongst themselves amicably to divide the land in three
equal parts, Sibal said: "The government has no role to play in
this."
"The government can only state publicly that it would like the
matter to be resolved by the parties concerned, but I don't think
it should involve the government in forcing a decision of this
very complex issue," he said.
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