JUSTICE (RETD.) MANMOHAN SINGH LIBERHAN passed away on August 2, 2026. He was 87. An obituary for a former judge, in the normal course, shall contain references to her/his judgments, whether in a positive light or otherwise. This, however, seems not possible in case of Justice Liberhan. Even as Justice Liberhan served for thirteen years as a judge across Chandigarh, Madras and Hyderabad, for eight of those thirteen years, he was straddled between his judgeship and the Liberhan Ayodhya Commission of Inquiry. Justice Liberhan is remembered, in his death, for having headed this One-man Commission of Inquiry whose life lasted longer than his years as a judge – seventeen years. In the end, in June 2009, the report noted that the Babri Masjid’s demolition was “neither spontaneous nor unplanned”, but the result of a carefully orchestrated conspiracy. It alleged that cadres and leaders of the Vishwa Hindu Parishad (‘VHP’), the Rashtriya Swayamsevak Sangh (‘RSS’), the Bharatiya Janata Party (‘BJP’) and Shiv Sena had actively and passively supported the demolition.
However, beyond stating the obvious, it is far less discussed that the report failed to recognise the accountability of the Union government in the events leading up to the demolition, apportioned blame upon Muslims for being led by “fanatic” leaders, and helped establish the logic that the ‘dispute’, arising from a brutal demolition, was something to be “negotiated” between the communities. In some ways, it paved the logic of how constitutional courts, in later years, would frame and eventually dispose of the issue.
