Justice Chandrachud’s remarks may justify curative plea against Ayodhya verdict: Prof. Mohan Gopal
New Delhi: Legal scholar Professor Mohan Gopal has said that former Chief Justice of India DY Chandrachud’s recent comments on the Babri Masjid dispute may provide sufficient grounds to seek a curative petition against the Supreme Court’s 2019 Ayodhya judgment.
Speaking at the CH Mohammed Koya National Seminar at the University of Calicut, Prof. Gopal observed that Justice Chandrachud’s remark describing the Babri Masjid’s construction as a “fundamental act of desecration” contradicted the 2019 verdict. The judgment, delivered by a five-judge Bench led by then CJI Ranjan Gogoi, had noted that there was no evidence to prove the mosque was built after demolishing a temple. Justice Chandrachud was widely believed to have authored that ruling.
Prof. Gopal argued that such inconsistency undermines confidence in the judiciary. “The ultimate responsibility of a court is to deliver judgments that inspire trust. Justice must not only be done but also be seen to be done, especially by those who lose the case,” he said, adding that the verdict stood “vitiated” in light of the former CJI’s subsequent remarks.
Calling the judgment “contrived” and “unreasoned,” Prof. Gopal also criticised the unsigned addendum as “pure theocracy.” He stressed that judges must be transparent about their ideological leanings, recalling how Justice Chinnappa Reddy openly acknowledged his Marxist beliefs.
“If Justice Chandrachud had strong beliefs about the Ayodhya issue, then he should have recused himself,” Prof. Gopal remarked. He questioned whether the judge, “a good friend and a remarkable jurist,” had shown sufficient judicial integrity by not disclosing his position during the case.
Prof. Gopal suggested that a curative petition could serve as both a legal remedy and a tool for public education. “Let us work on a curative petition and demand that the whole matter be reheard. This is the kind of reaction through which we can mould public opinion and hopefully even approach the Court to get a rehearing,” he said.
The 2019 Ayodhya verdict granted the disputed site to Hindu parties for the construction of a Ram temple while allocating an alternate plot to the Sunni Waqf Board.
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UP Cong holds statewide protest seeking probe into FIR against Swami Avimukteshwaranand
Lucknow (PTI): The Uttar Pradesh Congress on Wednesday staged a statewide protest demanding a fair and transparent inquiry into the FIR lodged against Swami Avimukteshwaranand Saraswati and those who filed the complaint against him.
In a statement issued here, the party said memorandums addressed to Prime Minister Narendra Modi were submitted through district magistrates in all districts of the state.
Uttar Pradesh Congress spokesperson Manish Hindvi told PTI that the memorandums were handed over through the district administration in all 75 districts.
In the memorandum, the party alleged that Saraswati and his disciples were "unnecessarily harassed and humiliated" by police on the occasion of Amavasya and were prevented from taking a ritual bath (at the Magh Mela). It further alleged that some disciples were manhandled and taken to a police station.
The memorandum also claimed that an FIR was later registered against Saraswati, his disciple Swami Mukundanand Brahmachari and several unidentified persons in a sexual harassment case. It termed the case a "conspiracy" aimed at tarnishing the seer's reputation.
Citing Articles 25 and 26 of the Constitution, the memorandum stated that these provisions guarantee religious freedom and the right of religious denominations to manage their own affairs.
It described the position of shankaracharya held by Saraswati as "one of the highest spiritual posts in Sanatan tradition" and alleged that the entire episode appeared to have been "orchestrated in a planned manner".
"We request that the background of the persons who got the FIR registered be investigated in a transparent manner by a retired high court judge and strict action be taken against them," the memorandum said.
It also sought a "fair and transparent probe" into the allegations levelled against Saraswati so that the truth could be established.
Earlier, Uttar Pradesh Congress president Ajay Rai had told reporters in Varanasi after meeting Saraswati that the party stood firmly with him.
The Congress said it would continue to press for an impartial inquiry into the entire episode.
On February 21, an FIR was lodged in Prayagraj against Saraswati and his disciple Mukundanand Brahmachari on charges of sexually abusing two persons, including a minor, over the past year at a gurukul and religious congregations, including the recently concluded Magh Mela.
Days after he was booked, Saraswati had said on Monday that he would not oppose his arrest and asserted that the "fabricated story" would be exposed sooner or later.
At a press conference on Wednesday, Saraswati alleged that criminals rule in Uttar Pradesh, level allegations and influence investigations, as he denied having any contact with the two persons for whose alleged sexual abuse he has been booked.
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