"Should an aggressive action lead to benefit for the aggressor in the form of a compromise? Are religious groupings the appropriate beneficiaries of a title suit when public interest is involved? And can the law opine on the birthplace of a god?"
The learned Supreme Court judges have so far not addressed these questions. All they've found strange about the High Court judgement is its idea of dividing the land into three portions: one to the Nirmohi Akhara (a Hindu group believing in no attachments, other than -- strangely -- to a piece of land where the Babri Masjid stood), one to the Waqf Board (an organisation constituted by Parliament to be in charge of Muslim holy places) and one to Lord Ram himself, in his current reincarnation as a "shapeless and formless" legal entity.
While so many people welcomed it as a "compromise", I had found the Allahabad High Court judgement bizarre from a legal and ethical perspective. The mosque was toppled in 1992 before the very eyes of the nation, following a vicious campaign led by L.K. Advani that collaterally damaged the fabric of this country and propelled the BJP to power. One would expect a judgement on this politically staged catastrophe to redress such a major legal violation, that took place in living memory, by restoring the status quo ante (or, given the warlike nature of the supposedly devout parties concerned, perhaps the status quo ante bellum).
Nothing of the sort was evident in the Allahabad High Court judgement, which on the contrary sought to twist religious sentiment into legal fact and thereby debase India to the level of the many nut-case theocracies populating the planet. (If you think I'm overstating the issue, please compare the Wikipedia definition of "theocracy": "a form of government in which a state is understood as governed by immediate divine guidance", with Justice Dharam Veer Sharma's description of the disputed land as "It is personified as the spirit of divine worshipped as birthplace of Lord Rama as a child.")
It's now up to the Supreme Court to remedy this. I have always had considerable faith in this court (even though it famously bent just a little to please Indira Gandhi) and I've always believed they would see through the fallacious and apparently motivated Allahabad High Court judgement. Yesterday they took the tiny step of describing the judgement as "strange" but a larger step will come. If, as I expect, they will attempt in some way to restore the status quo ante with respect to December 1992, the land will essentially go back to the Sunni Waqf Board. Then the BJP, which has actually welcomed the recent Supreme Court observation, will find itself all confused and lost, and will presumably have to save face by staging another agitation. Or even another vicious campaign (it's easy to guess who would lead it this time). Will India descend into the loony bin of religious fundamentalism all over again? Stay tuned.