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Babri Masjid Case and the International Law

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Babri Masjid Case and the

International Law

Kamran Adil

Introduction

The direction of global events is more towards power and interest-based decision making than towards rule-based system that was installed in the post-Second World War era. The direction is expressing itself in many manifestations. In the context of Pakistan-India relationship, after India’s executive toyed with the legal order of the Kashmir dispute by issuing ultra-vires orders under Article 370 of the Indian Constitution, its judiciary also proved how it was driven in the same direction, where instead of rule of law, rule of necessity under the veneer of procedural law of limitation and without deciding on the merits of the case would reign supreme. On 9th November 2019, the Supreme Court of India passed a copious judgement whereby it decided the long-pending Babri Masjid Case. Quintessentially, the judgement was against the stance of Muslims, and it favoured the mob. The instant write-up will present brief facts of the case and the reasoning employed by the Court, which will be followed by discussion on international law regarding the rights of minorities and cultural properties.

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