Saturday 9 March 2019

Arbitrary arbitration

#BitterPill This whole concept of mediation for building of a proposed Ram mandir sets a dangerous precedent. It is surprising how the apex court has, in all its wisdom, has allowed and in fact facilitated such an idea . To a layman like me , it is an arbitration process which is almost a glorified version of Panchayat .

Before going into the legality , merits, demerits, reasons and rationals for this arbitrary decision of arbitration , one should not forget the underlying crime that is connected to the whole matter. A situation is being created with a native sly cunning to make everyone forget the events which shook India on the 6th Dec 1992.

Before any decision to build anything is taken at the site , it is necessary to book the people who blatantly flouted law and instigated the vandals to break an archaeological monument. Why that case is dragging on even after 26 years and not being fast tracked need to be answered first.

An arbitration is resorted to with the express intent of an out of court settlement by all parties involved . Not on matters which test the very basis of our constitution. Such arbitrations can't be a short cut to the problems arising from a lack of judicial intent for a solution. Who will ensure that the judiciary will not cite this as a precedent to abdicate its responsibility in future ?

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