Monday, October 11, 2010

Mistry is an alumnus of St. Xaviers, Mumbai

The 1990 Booker Prize-shortlisted novel is about the fortunes of Gustad Noble, his family and their neighbours, in the backdrop of the 1971 war and has some brief references to the Sena. Mistry is an alumnus of St. Xaviers, Mumbai

Vispi Balaporia, former chairperson of the BOS and former English Literature professor:
“The book, which is so obviously based on the Parsi community, is a superb portrayal of the community with all its eccentricities. I don't see the Parsis going up in arms,” she pointed out. “The book is based on an actual event — the Nagarwala case — where he impersonated Indira Gandhi to withdraw sums of money from a bank. This is a work of fiction and you have to be true to the characters you portray. It reflects what the characters think and not what the author thinks. Why can't the protesters understand the difference,” she asked.

President of the BVS Abhijit Panse said that the book: the book is offensive to the people in Maharashtra and has abusive references to dabbawalahs, the mentality of the ‘Marathi manoos' and Pandit Nehru

Thursday, October 7, 2010

Fundamental issue in Ayodhya case -Subrahmanya Swamy

The fact remains that throughout the last several centuries, Hindus have deeply held as sacred as Ram's birthplace that exact spot where the Babri Masjid once stood.

This is recorded in UK & India courts since 1885 in many official and judicial proceedings.

  1. In 1885, for example, Mahant Raghubar Das, in a Suit No. 61/280 of 1885 filed in the Court of the Faizabad Sub Judge against the Secretary of State for India (who was based in London), prayed for permission to build a temple inside the perimeter of the mosque. His suit was dismissed on March 18, 1886, but in his Order the Sub-Judge, an Englishman, stated: “It is most unfortunate that a Masjid should have been built on land specially held sacred by the Hindus. But as the event occurred 358 years ago, it is too late now to remedy the grievance.”
  2. Since the British as policy never sought to disturb the communal and social status quo in India as evidenced, for example, on the ‘Sati question,' the judge took the easy way out and dismissed the suit.
  3. A masjid is not an essential part of Islam religion, according to a majority judgment of a Constitution Bench of India's Supreme Court (op.cit. 1994)
  4. According to the House of Lords, U.K. (1991), the temple is always a temple even if in disuse or ruins.
  5. “The correct position may be summarised thus. Under Mohammedan law applicable in India, title to a mosque can be lost by adverse possession. A mosque is not an essential part of the practice of the religion of Islam and namaz (prayer) can be offered anywhere, even in the open. Accordingly, its acquisition is not prohibited by the provisions in the Constitution of India”(para 82).
  6. Otherwise any government can deprive Muslims of the Babri Masjid, which would be lawful if the government decides to do so in the interest of public order, public health and morality (Article 25 of the Constitution).
  7. This is the position in Islamic law as well since in Saudi Arabia the authorities demolish mosques to lay roads. Even the mosque where Prophet Mohammed used to pray was demolished.
  8. No such ruling anywhere in any court exists for a mosque for the simple reason that a mosque in Islam is just a facilitation centre for reading namaz, and has no essentiality for Islam as a religion.
  9. Governament can therefore be demolished and/or shifted in India under the Constitution as any building can — but of course authorisedly for a public purpose such as public health, public order or morality. The Union Government is committed by virtue of its affidavit filed in the Supreme Court in 1994 to do so if it is found that a temple structure exists below the mosque site. It must hence perform now and deliver on its commitment on oath sworn in the Supreme Court.
  10. What was wrong with the demolition of the Babri Masjid on December 6, 1992 was that it was unauthorised by law and a criminal offence.

    http://www.thehindu.com/opinion/op-ed/article818314.ece
Subhrahmanya swamy, The writer of the original article is a former Union Law Minister and the Convenor of the Legal and Parliamentary Cells of the Hindu Dharma Acharya Sabha.