Ayodhya judgment of Supreme Court has enabled right wing to lay claim to Gyanvapi, other mosques: Justice Gopala Gowda

Retired Supreme Court judge Justice V Gopala Gowda on Saturday criticised the judgment passed by the Supreme Court in the Ayodhya dispute in 2019 by which the top court had awarded the disputed site on which Babri Masjid stood, to Hindu parties..The judgment has opened floodgates enabling right reactionary elements to raise claims over other mosques across the country including the Gyanvapi mosque, Justice Gowda said."The Ayodhya judgement has made right-reactionary forces claim Gyanvapi and other mosques in the country. This is a great threat to the Republic of India," he said.The former judge also lamented that all pillars of democracy are being taken over by reactionary elements and the State is transforming to a fascist Hindu one."Liberty, equality and fraternity is the trinity which the Indian Constitution guarantees. Now these are endangered because of reactionary elements and the State transforming to a fascist Hindu one. All pillars being taken over by such forces. For example, the Citizenship Amendment Act (CAA) denies equal citizenship; [it is] against secularism, which is the bedrock of our democracy," he said.Justice Gowda was speaking at a National Convention on the topic Save Constitution, Save Democracy organised by the All India Lawyers Union, the Delhi Union of Journalists, and the Democratic Teachers Front. .The judge in his speech also elaborated on the following actions to buttress his argument:.Federalism.- Reading down of Article 370 of the Indian Constitution;- Reducing fiscal powers of States (connected to public money)- Misusing powers of Governors of the State;- Enacting the law relating to New Education Policy, which disturbed the "fabric of federalism"..DemonetisatonThe judge highlighted the judgment recently passed by the Supreme Court on challenge to demonetisation move of 2016. Justice Gowda stated that there was only one lone judge who had the "courage and conviction to uphold constitutional democracy" for her dissenting view which highlighted that due process was not followed..COVID lockdownJustice Gowda criticised the imposition of lockdown during COVID without giving adequate time to States and people to prepare for the pandemic. He opined that micro, small and medium enterprises were majorly affected, the economy went down, and progress and development came to a standstill..CAG and ECIThe Comptroller and Auditor General (CAG) and the Election Commission of India (ECI), and other central agencies have become extended organ of the executive, the judge said."Government put its favorite [Rakesh] Asthana as CBI director," he said..Election Commission of India"Election Commission is another Constitutional body that seems to have buckled under executive pressure. Once was during 2017 Gujarat poll announcement, another was arbitrary disqualification of Aam Aadmi Party MLAs, which the Supreme Court later castigated it for," the former judge said..Armed forces"The line of succession in armed forces has been meddled with," he said, referring to the appointment of the late General Bipin Rawat as Chief of Army Staff..RBI"Two RBI governors, Raghuram Rajan and Urjit Patel, were forced to resign," the retired judge pointed out..EWS reservationThe judge underscored that Articles 15 and 16 envision reservation for socially backward classes. Ignoring this conceptual idea that has been recognised by the Supreme Court and the Constitution, the government passed a law extending reservation to economically weaker sections (EWS), and this was upheld by the Supreme Court by a 3:2 majority..Farm Laws"The way Parliament is introducing and passing Bills, you all must have seen with the farmers law. The protests. How the bills gave big leeway to the big traders, opened floodgates to purchase agricultural land (under land acquisition laws). This is again opposed to the Constitution," he said..Attack on mediaHe said that media is increasingly being censored."Many journalists killed for reporting critically," he said and highlighted the death of Gauri Lankesh and the plight of Siddique Kappan. "For Kappan, when he moved the Supreme Court, he was asked to go back to High Court. Ultimately, he got bail but was detained for more than two years for no fault of his. For two years, a person, a journalist who went to report on the rape and murder of a Dalit, was detained," he said..Foreign funding and NGOs"Government has increased restrictions on foreign funding for NGOs; 20,000 NGOs have lost their license. Amnesty International India was forced to wind up operations. 3 UN special rapporteurs urged to repeal FCRA claiming it is used more to silence those differing from government," Justice Gowda said.The event was also attended by former Delhi High Court judge Justice Rekha Sharma and Senior Advocates Indira Jaising, Bikash Ranjan Bhattacharya, Raju Ramachandran, and PV Surendranath..Read more about what Justice Gowda said on Supreme Court here. .[Read coverage of event below]

Ayodhya judgment of Supreme Court has enabled right wing to lay claim to Gyanvapi, other mosques: Justice Gopala Gowda

Abhimanyu Hazarika

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