Soem interesting excerpts from the judgement, which gives an insight into the logic used by the courts...
1. The disputed structure was constructed as mosque by or under orders of Babar.
2. It is not proved by direct evidence that premises in dispute including constructed portion belonged to Babar or the person who constructed the mosque or under whose orders it was constructed.
3. No temple was demolished for constructing the mosque.
4. Mosque was constructed over the ruins of temples which were lying in utter ruins since a very long time before the construction of mosque and some material thereof was used in construction of the mosque.
5. That for a very long time till the construction of the mosque it was treated/believed by Hindus that some where in a very large area of which premises in dispute is a very small part birth place of Lord Ram was situated, however, the belief did not relate to any specified small area within that bigger area specifically the premises in dispute.
6. That after some time of construction of the mosque Hindus started identifying the premises in dispute as exact birth place of Lord Ram or a place wherein exact birth place was situated.
7. That much before 1855 Ram Chabutra and Seeta Rasoi had come into existence and Hindus were worshipping in the same. It was very very unique and absolutely unprecedented situation that in side the boundary wall and compound of the mosque Hindu religious places were there which were actually being worshipped along with offerings of Namaz by Muslims in the mosque.
8. That in view of the above gist of the finding at serial no.7 both the parties Muslims as well as Hindus are held to be in joint possession of the entire premises in dispute.
9. That even though for the sake of convenience both the parties i.e. Muslims and Hindus were using and occupying different portions of the premises in dispute still it did not amount to formal partition and both continued to be in joint possession of the entire premises in dispute.
10. That both the parties have failed to prove commencement of their title hence by virtue of Section 110 Evidence Act both are held to be joint title holders on the basis of joint possession.
11. That for some decades before 1949 Hindus started treating/believing the place beneath the Central dome of mosque (where at present make sift temple stands) to be exact birth place of Lord Ram.
12. That idol was placed for the first time beneath the Central dome of the mosque in the early hours of 23.12.1949.
13. That in view of the above both the parties are declared to be joint title holders in possession of the entire premises in dispute and a preliminary decree to that effect is passed with the condition that at the time of actual partition by meets and bounds at the stage of preparation of final decree the portion beneath the Central dome where at present make sift temple stands will be allotted to the share of the Hindus.
Also, some other clarifications issued by the court in its judgement
1. Whether the disputed site is the birth place of Bhagwan Ram?
The disputed site is the birth place of Lord Ram. Place of birth is a juristic person and is a deity. It is personified as the spirit of divine worshipped as birth place of Lord Rama as a child.
Spirit of divine ever remains present every where at all times for any one to invoke at any shape or form in accordance with his own aspirations and it can be shapeless and formless also.
2. Whether the disputed building was a mosque? When was it built? By whom?
The disputed building was constructed by Babar, the year is not certain but it was built against the tenets of Islam. Thus, it cannot have the character of a mosque.
3. Whether the mosque was built after demolishing a Hindu temple?
The disputed structure was constructed on the site of old structure after demolition of the same. The Archaeological Survey of India has proved that the structure was a massive Hindu religious structure.
Read more: Text of Allahabad high court order on Ayodhya dispute - The Times of India
Interesting stuff there. See the way the court has established the joint ownership of the land. See the way the place of birth is considered a juristic person. See the observation about the structure not having been built as per the tenets of Islam, and hence not qualified to be called a mosque. All I can say is, I love the way the courts have gone about this extremely difficult and sensitive task with such grace, sensitivity, maturity and courage. My salute to India.
Thursday, September 30, 2010
The Fine Balance of Power
The Ayodhya verdict as well as some of the other interesting judgements in the recent past bring to mind the very interesting model in which vibrant democracies like India are governed and administered.
Think about it. The people elect the government, which passes laws. The judiciary is then responsible for ensuring justice for all, many times going against the very same government that made those laws. Sometimes, it clarifies, sometimes it extends those laws, sometimes it directs the government on how to govern! The police enforces the law, and again, there's a fine balance of power between the police, the judiciary and the government. Then you have the civil servants, those smart "babus" who execute the decisions and policies of the government. Bring in a free and independent media, and you add another level of control and regulation. And then we also have the President (and at state level, the Governors) who has the right to dismiss Parliament (while the Parliament can impeach him/her).
Pretty fascinating...!
Think about it. The people elect the government, which passes laws. The judiciary is then responsible for ensuring justice for all, many times going against the very same government that made those laws. Sometimes, it clarifies, sometimes it extends those laws, sometimes it directs the government on how to govern! The police enforces the law, and again, there's a fine balance of power between the police, the judiciary and the government. Then you have the civil servants, those smart "babus" who execute the decisions and policies of the government. Bring in a free and independent media, and you add another level of control and regulation. And then we also have the President (and at state level, the Governors) who has the right to dismiss Parliament (while the Parliament can impeach him/her).
Pretty fascinating...!
Joke
How was the Ayodhya issue solved?
Judges threatened to make Kalmadi responsible for building the "winning" structure - immediately, both parties decided to back off their claim :)
Judges threatened to make Kalmadi responsible for building the "winning" structure - immediately, both parties decided to back off their claim :)
RSS Chief Speaks
RSS Chief Mohan Bhagwat is addressing the media - and it's heartwarming to see him talk about reconciliation, peace and harmony. He talked about not overtly celebrating victory, he talked about this not being about victory or defeat, but about the country's identity.
India has truly arrived!
India has truly arrived!
Victory for United India - Ayodhya Verdict
The three judge bench of the Allahabad High Court has pronounced its verdict on the Ayodhya case, and all preliminary indications are that this is an excellent verdict aimed at bringing the country together... respecting all sentiments, being fair to all parties and upholding the glorious secular traditions of this country.
The Ram idol will stay where it is, and the location will be recognized as Ram Janma Bhoomi. This was unanimous decision of all three judges (incidently, there was one Muslim and two Hindu judges in the panel). The land will be divided into 3 parts, one for the temple, one for a mosque and the third for the Nirmohi Akhara. It's also been noted that while dividing the property, the Ram Janma Bhoomi will not be touched.
The suit of the Sunni Waqf Board demanding ownership of the entire land was also dismissed on grounds of merit.
Unfortunately, indications are that the SWB will appeal to the SC, and it's probably not end of the story.
In any case, this is a historic verdict and I am confident the country will now move on with peace and coexistence.
The Ram idol will stay where it is, and the location will be recognized as Ram Janma Bhoomi. This was unanimous decision of all three judges (incidently, there was one Muslim and two Hindu judges in the panel). The land will be divided into 3 parts, one for the temple, one for a mosque and the third for the Nirmohi Akhara. It's also been noted that while dividing the property, the Ram Janma Bhoomi will not be touched.
The suit of the Sunni Waqf Board demanding ownership of the entire land was also dismissed on grounds of merit.
Unfortunately, indications are that the SWB will appeal to the SC, and it's probably not end of the story.
In any case, this is a historic verdict and I am confident the country will now move on with peace and coexistence.
Wednesday, September 29, 2010
PC: Setting An Example
Strictly following the rule book, Home Minister P Chidambaram walked about 500 meters to reach a venue of Commonwealth Games after Delhi Police disallowed his personal security officer and car driver to accompany him for not carrying accreditation cards. Chidambaram abided by the Delhi Police officials' request and got out of his car and walked nearly 500 meters to enter the venue as his staff and car remained at the parking area.
Kudos to PC, kudos to the police officer. We need a lot more of this!
Kudos to PC, kudos to the police officer. We need a lot more of this!
Bloggest Month and Year
Just noticed, this is already the month with the largest number of posts, and this year has also become the year with most blogs by far...
Guess I am getting more and more lukkha by the day! :)
And guess what, I am loving it!
Guess I am getting more and more lukkha by the day! :)
And guess what, I am loving it!
Thunder and Lightning
Thunder, lightning and heavy rain today... hope it's the storm before the calm!
Aadhaar - Your Very Own Identity
Abridged from a TOI article:
India's ambitious Unique ID project dubbed "Aadhaar", which aims to give every Indian citizen a unique number mapped to biometrics, was launched today.
The enrollment officer (EO) sits at right angles to you and enters data into a laptop. There's a monitor in front of you, which mirrors the enrolment officer's screen so that you can point out spelling mistakes or other errors. There's a small laser printer behind the EO's laptop and a webcam, fingerprint reader and iris scanner account for the remainder of the hardware setup.
Only Name, Gender (Male/Female/Transgender) and Date of Birth are the compulsory fields.
The UID team acknowledges the fact that a large number of people may not have any supporting documents to prove their identity. In this case, one is allowed to bring another resident who is already in possession of an Aadhaar number to be an "introducer" by vouching for the person seeking to enroll.
A photograph is taken of the person getting enrolled, purely for the purpose of printing it out on the enrolment receipt, so that illiterate residents have some way of knowing that the receipt indeed belongs to them. Beyond that, the photograph serves no biometric or authentication purpose.
First there's an iris scan where you look into a binocular-like device held up to your eyes by the EO. After that it's the four fingers of each hand, followed by both thumbs (a process familiar to those entering the US) for your 10 fingerprints.
The EO makes you review the data entered one final time before giving you a laser-printed receipt. You then have to wait for the actual number to be delivered by India Post!
Article ends...
Now here's an interesting note. I have blogged about this before, but do you know what the major stumbling block for the UID project is? No, it's not logistics or hardware or software. It's the lack of useful biometric information in a large percentage of the target population! From cataracts to roughed hands, India's rural and poor populace will find it difficult to provide quality biometrics!
India's ambitious Unique ID project dubbed "Aadhaar", which aims to give every Indian citizen a unique number mapped to biometrics, was launched today.
The enrollment officer (EO) sits at right angles to you and enters data into a laptop. There's a monitor in front of you, which mirrors the enrolment officer's screen so that you can point out spelling mistakes or other errors. There's a small laser printer behind the EO's laptop and a webcam, fingerprint reader and iris scanner account for the remainder of the hardware setup.
Only Name, Gender (Male/Female/Transgender) and Date of Birth are the compulsory fields.
The UID team acknowledges the fact that a large number of people may not have any supporting documents to prove their identity. In this case, one is allowed to bring another resident who is already in possession of an Aadhaar number to be an "introducer" by vouching for the person seeking to enroll.
A photograph is taken of the person getting enrolled, purely for the purpose of printing it out on the enrolment receipt, so that illiterate residents have some way of knowing that the receipt indeed belongs to them. Beyond that, the photograph serves no biometric or authentication purpose.
First there's an iris scan where you look into a binocular-like device held up to your eyes by the EO. After that it's the four fingers of each hand, followed by both thumbs (a process familiar to those entering the US) for your 10 fingerprints.
The EO makes you review the data entered one final time before giving you a laser-printed receipt. You then have to wait for the actual number to be delivered by India Post!
Article ends...
Now here's an interesting note. I have blogged about this before, but do you know what the major stumbling block for the UID project is? No, it's not logistics or hardware or software. It's the lack of useful biometric information in a large percentage of the target population! From cataracts to roughed hands, India's rural and poor populace will find it difficult to provide quality biometrics!
Joke: BMW
A man meets with an accident in his new BMW.
When the cops arrive, he cries "Officer, my brand new car..."
The cop replies, "Haven't you noticed that your left arm has been cut off in the accident?"
He looks at his left arm and screams, "OH GOD!.. MY ROLEX WATCH"
When the cops arrive, he cries "Officer, my brand new car..."
The cop replies, "Haven't you noticed that your left arm has been cut off in the accident?"
He looks at his left arm and screams, "OH GOD!.. MY ROLEX WATCH"
Joke: Just Married
A man and a woman who've never met before, find themselves on upper and lower berth of a long distance train.
At 2 am: Man leans over saying "Maam sorry to bother you.. Would you be kind enough to give me a blanket from the closet. It's awfully cold"
"I have a better idea" she replies... "Just for tonite, why don't we pretend we are married.."
"Great idea Maam", he replies in excitement.
She says, "Get up and take it yourself.."
At 2 am: Man leans over saying "Maam sorry to bother you.. Would you be kind enough to give me a blanket from the closet. It's awfully cold"
"I have a better idea" she replies... "Just for tonite, why don't we pretend we are married.."
"Great idea Maam", he replies in excitement.
She says, "Get up and take it yourself.."
Puja and Namaz - Coexistence is Beautiful
Yes another of the hundreds of examples of beautiful coexistence of multiple religions in India.
http://timesofindia.indiatimes.com/india/In-Kanchi-mutt-muezzins-call-coincides-with-morning-puja/articleshow/6647876.cms
http://timesofindia.indiatimes.com/india/In-Kanchi-mutt-muezzins-call-coincides-with-morning-puja/articleshow/6647876.cms
Two Delhis
Indian Express carried a nice center page article on the CWG. While the noise makers in Delhi sleep, it wrote, another Delhi was quietly working to make sure the deadlines are met.
The media is dangerous, says one of the watchmen at the CWG village. Maybe they are jealous because they cannot afford the five star apartments that have been built, says another.
The media is dangerous, says one of the watchmen at the CWG village. Maybe they are jealous because they cannot afford the five star apartments that have been built, says another.
Anti-Outsourcing Bill Blocked in the US Senate
Obama's anti-outsourcing bill which aimed to remove tax breaks for companies doing outsourcing has been blocked by the Republicans in the US Senate.
Thankfully, at least some Americans are thinking right! I am sure people realise that America isn't doing anyone a favour by outsourcing - it's the need of the hour if American businesses need to be competitive and survive! Obama's dipping popularity is calling for some desperate measures, but at the end of the day, economics rules.
Thankfully, at least some Americans are thinking right! I am sure people realise that America isn't doing anyone a favour by outsourcing - it's the need of the hour if American businesses need to be competitive and survive! Obama's dipping popularity is calling for some desperate measures, but at the end of the day, economics rules.
Environmental Hazard
Do you know what's the most polluting agent in the developing and poor countries? Methane from cows and other livestock! The cows produce methane in their stomachs, as part of their digestion process - and by the way, contrary to what you may expect, only 5% of this is emitted from their behinds :) The rest is emitted from their mouths and nostrils!
So you see, to help in curbing global warming, stop eating grass and eat more meat :)
So you see, to help in curbing global warming, stop eating grass and eat more meat :)
Tuesday, September 28, 2010
Reliance and Tatas
Reliance Power to raise 50000 crores of funds for their mega power projects, also talks on to obtain a large stake in BP's assets. Anil Ambani also outlines plans to create a Reliance Bank.
Tatas rebrand Corus as Tata Steel Europe.
Going places... CWG or no CWG!
Tatas rebrand Corus as Tata Steel Europe.
Going places... CWG or no CWG!
D Day: 30th Sept
The Ayodhya verdict will now be pronounced on 30th Sept, after the SC rejected the plea for postponing the verdict to allow for possibility of an out-of-court settlement. Here's once again praying for peace and sense to prevail on Gandhi Jayanthi!
Bulk SMS
Do you know the government has currently blocked mass/bulk SMS facility from all providers to help in preventing rumour mongering and panic related to any developments on Ayodhya? As of now you can still send SMSes to multiple recipients from your cell, but you would have noticed that most of your cell notifications, including in most cases, notifications from credit card companies and banks, are no longer active.
Monday, September 27, 2010
Trikaya
Was hungry on the way home, wanted to catch some quick grub, and the power cut meant the Dominos was in the dark - and I ended up at the beautiful lounge cum restaurant, Trikaya, at the roof top of the Aditya Shagun Mall in Bavdhan, Pune.
With over 200 covers, spread in three sections of the sprawling, tastefully done restaurant, including a beautiful open air lounge, Trikaya also has a dedicated party floor for 300 guests. The menu spread is large and interesting, although a tad expensive. I did not get a chance to indulge in too much food, given that dinner was waiting back home - but the crab meat soup was delicious, and the grilled prawns with lemon basil were good, but the masala papad and the tandoori mushrooms disappointed. Service was OK, but definitely lacked the polished approach you would expect from such a do.
I will rate it extremely high for the ambience, and location of the building, but the empty mall, the lack of a staircase entrance, the service, the food and the price leaves a lot to be desired.
Will pay a couple more visits before I pronounce the verdict :) If you have been there already, do share your experience.
Footnote on 30th Oct: Extremely disappointing follow up visit today. See my update on this visit.
With over 200 covers, spread in three sections of the sprawling, tastefully done restaurant, including a beautiful open air lounge, Trikaya also has a dedicated party floor for 300 guests. The menu spread is large and interesting, although a tad expensive. I did not get a chance to indulge in too much food, given that dinner was waiting back home - but the crab meat soup was delicious, and the grilled prawns with lemon basil were good, but the masala papad and the tandoori mushrooms disappointed. Service was OK, but definitely lacked the polished approach you would expect from such a do.
I will rate it extremely high for the ambience, and location of the building, but the empty mall, the lack of a staircase entrance, the service, the food and the price leaves a lot to be desired.
Will pay a couple more visits before I pronounce the verdict :) If you have been there already, do share your experience.
Footnote on 30th Oct: Extremely disappointing follow up visit today. See my update on this visit.
Movie Review: Wall Street - Money Never Sleeps
Gordon Gekko is back.
Michael Douglas puts in another great performance, this time against the back drop of the great recession and the carnage on Wall Street. "You are f***ed", he tells his audience at a book launch function. And only three words can save you: "Buy my book"!
When the young Jake Moore (Shia LeBeouf) loses his job, his million dollar bonus cheque and his mentor after his reputed investment bank (a la Lehmann) collapses due to lack of support from the government and regulators, he teams up with Gordon Gekko on a double mission: to avenge the death of his mentor, and to win Gordon's approval for the hand of his daughter. But jail has taught Gordon to value relationships a lot more than his money. Or has it, really?
The dialogues continue to rock, the performances are solid, and the inside view of Wall Street is rivetting, but the story meanders a bit towards the end, and you feel the editor's scissors could have done a better job. The two odd hours seem to stretch forever by the time you come to end, but otherwise, the sequel is almost as good as the original.
Michael Douglas puts in another great performance, this time against the back drop of the great recession and the carnage on Wall Street. "You are f***ed", he tells his audience at a book launch function. And only three words can save you: "Buy my book"!
When the young Jake Moore (Shia LeBeouf) loses his job, his million dollar bonus cheque and his mentor after his reputed investment bank (a la Lehmann) collapses due to lack of support from the government and regulators, he teams up with Gordon Gekko on a double mission: to avenge the death of his mentor, and to win Gordon's approval for the hand of his daughter. But jail has taught Gordon to value relationships a lot more than his money. Or has it, really?
The dialogues continue to rock, the performances are solid, and the inside view of Wall Street is rivetting, but the story meanders a bit towards the end, and you feel the editor's scissors could have done a better job. The two odd hours seem to stretch forever by the time you come to end, but otherwise, the sequel is almost as good as the original.
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