Another opportunity !

Editorial

Retired Supreme Court Justice Abdul Nazir has been appointed as the Governor of Andhra Pradesh. Justice Abdul Nazir has played an important role in vital and famous cases related to Shriram Janmabhoomi, Triple talaq, Demonetisation. In fact, Justice Abdul Nazir was included in the Bench in the Shriram Janmabhoomi case only with the intention of having a representative of the minority community on the Bench. In the Shriram Janmabhoomi case, the judgment of a Constitutional Bench of the Supreme Court in the year 1994 was relied upon. In the 1994 verdict, the Constitutional Bench of the Supreme Court had said, ‘A mosque is not an essential element of Islam; however, once a Hindu temple is established, the existence of the Deity in the temple premises is permanent. Even if that temple suffers some damage due to invasion or a natural calamity, the existence of the Deity in the premises is always there’. This reference was used in 2018 when a 3-Judge Bench comprising the then Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice Abdul Nazir were hearing the case that was decided by a vote of two Vs one. Then, Justice Abdul Nazir did not agree with the verdict of the Court in 1994 that the Mosque is not an essential element of Islam; however, in 2019, when this judgment was taken as a basis in the case of Shriram Janmabhoomi, Justice Abdul Nazir accepted the 1994 verdict.

In his retirement speech, Justice Abdul Nazir made an earnest reference to this case. He said, “At that time (in the Shriram Janmabhoomi case), if I had given a verdict different from the other members of the Constitution Bench, I would have become a hero in our society. However, I did not; because, at that time national interest was the priority for me”.

Justice Abdul Nazir also played an important role in the Triple talaq case and took the initiative to stop this practice which made the future of Muslim women unsafe. “Justice Nazir does not belong to the class that is neutral between right and wrong. He will stand up for what he finds right and ensure that justice is done”, said Chief Justice of India Dhananjay Chandrachud. Today times are witnessing fundamentalism. Large financial compensations are taken to please one’s own community by deliberately infiltrating Government Committees. Under such circumstances, it is praiseworthy to ignore sectarian gains in the interest of the Nation.

Pride in Indian traditions

In the past, Justice Nazir had demanded Indianisation of the Indian Judiciary. He had said, “Law students should be taught about our advanced ancient Laws. It is necessary to study the Laws written by greats like Maharishi Manu, Kautilya, Brihaspati. The ancient Indian Judicial system should be considered from the perspective of ancient Indian heritage, culture and society. Demanding justice in the ancient Indian Judicial system is a common aspect; whereas, in the British system, one has to plead for justice. Justice is not a favour to be begged in this manner; it is the right of every common man. That right must be respected”.

Expectations from Justice Abdul Nazir

Justice Abdul Nazir now has the opportunity to work in Andhra Pradesh. The Governor’s image is similar to that of the President – that of a rubber stamp. There is no opportunity to act boldly as a Governor; but if a Governor decides, he can effectively curb the wrongdoings of the State Government. Justice Abdul Nazir, who has worked with conscience in his Judicial tenure, has a lot to do in Andhra Pradesh. Andhra Pradesh has a pro-Christian Chief Minister like Jaganmohan Reddy. Bhagyanagar (Hyderabad) is the stronghold of the fanatical party MIM. The Hindus there live in fear. Tirumala Tirupati Temple in Andhra Pradesh is the centre of faith of Hindus. Since this Temple has been taken over by the Government and due to the intervention of Chief Minister Jaganmohan Reddy, many Christians have been posted as functionaries of Tirumala Tirupati Temple Trust. Hindu devotees from India and abroad visit Tirumala Hills to pay obeisance at the Holy feet of the Deity; but what a contrast ! This is also a place where Christianity is being propagated openly. Under such circumstances, one who has sided with truth and justice for the sake of Shriram Janmabhoomi has been appointed to a Constitutional post. It is hoped that the Governor will make full use of the Constitutional powers to give justice to the Hindus who are now trying to improve the situation.

The opposition is criticising that the Judges in the Shriram Janmabhoomi case are being rewarded by the Government in this way. This claim is deliberately used against Right-wing thinkers.

If we check history, we will find that right from Justice Baharul Islam to Justice Chagla, many Muslim Judges have enjoyed Constitutional positions after retirement. In 1962, Congress sent Justice Baharul Islam as an MP to Rajya Sabha. He continued to work as an MP till 1972. In 1972, the Congress ecosystem moved him from the Legislative arm to the Judicial arm, with added rewards in later stages for being loyal in earlier stages. These things happened in the past. What is going on consciously now is opposition for the sake of opposition !

It is necessary to study and teach the ancient Laws written by greats such as Maharishi Manu, Kautilya, Brihaspati !