Case BriefsSupreme Court (Constitution Benches)

Supreme Court:

“This Court as the final arbiter must preserve the sense of balance that the beliefs of one citizen do not interfere with or dominate the freedoms and beliefs of another.”

As the entire nation held it’s breath, the 5-judge bench of Ranjan Gogoi, CJ, S.A. Bobde, Dr. D.Y. Chandrachud, Ashok Bhushan and S. Abdul Nazeer, JJ, sat down on a Saturday morning, otherwise a holiday, to finally put an end to the Ayodhya Title dispute and held that the disputed land is to be given to Trust for construction of Ram Mandir. In an effort to balance the interest of both the parties involved, the Court directed  that a suitable plot of 5 acres must be granted to Sunni Waqf Board to set up a Mosque. It said,

“justice would not prevail if the Court were to overlook the entitlement of the Muslims who have been deprived of the structure of the mosque through means which should not have been employed in a secular nation committed to the rule of law.”

However, the 1045 pages long ‘unanimous’ verdict is silent on who wrote it. One of the 5-judges wrote a separate but concurring opinion on the issue whether disputed structure is the holy birthplace of Lord Ram as per the faith, belief and trust of the Hindus. The name of the judge was, however, not disclosed as well.

Here are the key takeaways from the Ayodhya Verdict

Conclusion on Title

“The allotment of in respect of the possessory claim of the Hindus to the composite whole of the disputed property stands on a better footing than the evidence adduced by the Muslims.”

  • On the balance of probabilities, there is clear evidence to indicate that the worship by the Hindus in the outer courtyard continued unimpeded in spite of the setting up of a grill-brick wall in 1857. Their possession of the outer courtyard stands established together with the incidents attaching to their control over it.
  • As regards the inner courtyard, there is evidence on a preponderance of probabilities to establish worship by the Hindus prior to the annexation of Oudh by the British in 1857. The Muslims have offered no evidence to indicate that they were in exclusive possession of the inner structure prior to 1857 since the date of the construction in the sixteenth century.
  • The Muslims were dispossessed upon the desecration of the mosque on 22/23 December 1949 which was ultimately destroyed on 6 December 1992. However, there was no abandonment of the mosque by the Muslims.

Though it held that Ram Mandir be built at the disputed site, the Court, however, directed

“Having weighed the nature of the relief which should be granted to the Muslims, we direct that land admeasuring 5 acres be allotted to the Sunni Central Waqf Board either by the Central Government out of the acquired land or by the Government of Uttar Pradesh within the city of Ayodhya.”

Legality of Allahabad High Court verdict

The three-way bifurcation by the High Court was legally unsustainable. Even as a matter of maintaining public peace and tranquillity, the solution which commended itself to the High Court is not feasible. The disputed site admeasures all of 1500 square yards. Dividing the land will not subserve the interest of either of the parties or secure a lasting sense of peace and tranquillity.

Ram Lalla is a Juristic person

In the case of Hindu idols, legal personality is not conferred on the idol simpliciter but on the underlying pious purpose of the continued worship of the deity as incarnated in the idol. Where the legal personality is conferred on the purpose of a deity‘s continued worship, moving or destroying the idol does not affect its legal personality.

Ram Janmbhoomi is not a Juristic person

The conferral of juristic personality is a legal innovation applied by courts in situations where the existing law of the day has certain shortcomings or such conferral increases the convenience of adjudication. In the present case, the existing law is adequately equipped to protect the interests of the devotees and ensure against maladministration without recognising the land itself as a legal person. Hence, it is not necessary to embark on the journey of creating legal fictions that may have unintended consequences in the future.

Nirmohi Akhara‘s claim to possession of the inner courtyard

Nirmohi Akhara had denied the existence of the mosque & had said that the structure is a temple and not a mosque & that it had exclusive possession of the inner courtyard. It was also it’s case that no incident had taken place on 22/23 December 1949, when the idols were surreptitiously installed into the disputed structure. Refusing to accept the submissions, the Court has held,

“The mosque was partially damaged in 1934 and subsequently, obstructions were placed in the course of offering namaz in the mosque involving a denial of the right to pray for the Muslims. This is followed by the events which took place on 22/23 December 1949 when idols were surreptitiously placed under the central dome. Soon thereafter, proceedings were initiated under Section 145 resulting in the attachment of the property. In this background, it is difficult to accept the case of Nirmohi Akhara that the disputed structure was a temple which was in its exclusive possession and that no incident had taken place on 22/23 December 1949.”

Nirmohi Akhara is not a shebait

A stray or intermittent exercise of management rights does not confer upon a claimant the position in law of a de facto shebait. It cannot be said that the acts of Nirmohi Akhara satisfy the legal standard of management and charge that is exclusive, uninterrupted and continuous over a sufficient period of time. Despite their undisputed presence at the disputed site, Nirmohi Akhara is not a shebait.

Archaeological Survey of India’s Report

Taking into account the archaeological evidence of a massive structure just below the now falled Babri Masjid and evidence of continuity in structural phases from the tenth century onwards upto the construction of the disputed structure along with the yield of stone and decorated bricks as well as mutilated sculpture of divine couple and carved architectural members including foliage patters, amalaka, kapotapali doorjamb with semi-circular pilaster, broken octagonal shaft of black schist pillar, lotus motif, circular shrine having pranala (waterchute) in the north, fifty pillar bases in association of the huge structure, are indicative of remains which are distinctive features found associated with the temples of north India.

Sunni Waqf Board’s claim to possession

The Sunni Central Waqf Board has not established its case of a dedication by user. The alternate plea of adverse possession has not been established by the Sunni Central Waqf Board as it failed to meet the requirements of adverse possession. Since the Hindus have been in exclusive and unimpeded possession of the outer courtyard where they have continued worship, Sunni Waqf Board can’t be held to have the possession of the disputed property.

Destruction of Babri Masjid on December 6, 1992

The destruction of the mosque took place in breach of the order of status quo and an assurance given to this Court. The destruction of the mosque and the obliteration of the Islamic structure was an egregious violation of the rule of law.

Dismissal of Shia Central Board of Waqf’s SLP

The Waqf Board was not able to explain the inordinate delay of 24964 days in filing the Special Leave Petition against the final judgment dated 30 March 1946 of the Civil Judge, Faizabad. The SLP was, hence, dismissed.

Directions

  • Central Government to formulate a scheme for he setting up of a trust with a Board of Trustees or any other appropriate body within 3 months. Nirmohi Akhara to be given adequate representation in the Trust.
  • Possession of the inner and outer courtyards shall be handed over to the Board of Trustees of the Trust or to the body so constituted. Possession of the disputed property shall continue to vest in the statutory receiver under the Central Government till then.
  • A suitable plot of land admeasuring 5 acres be allotted to the Sunni Central Waqf Board either by
    • The Central Government out of the land acquired under the Ayodhya Act 1993; or
    • The State Government at a suitable prominent place in Ayodhya.

[M. Siddiq v. Mahant Suresh Das, 2019 SCC OnLine 1440, decided on 09.11.2019]

Hot Off The PressNews

Supreme Court:  The 5-judge bench of Ranjan Gogoi, CJ, S.A. Bobde, Dr. D.Y. Chandrachud, Ashok Bhushan and S. Abdul Nazeer, JJ will deliver its verdict on the Ayodhya dispute on Saturday, ending decades of uncertainty ever since the Babri Mosque was demolished in 1992.

The notice published on the Supreme Court website reads:

“Take notice that the matters above mentioned will be listed tomorrow i.e. 9.11.2019 (Saturday) at 10.30 a.m. For pronouncement of judgment in Chief Justice’s court before the bench comprising Ranjan Gogoi, CJ, S.A. Bobde, Dr. D.Y. Chandrachud, Ashok Bhushan and S. Abdul Nazeer, JJ.”

Earlier today, Chief Justice of India Ranjan Gogoi held a meeting on Friday with Uttar Pradesh Chief Secretary Rajendra Kumar Tiwari and state DGP Om Prakash Singh to take stock of law and order situation in the state.

Security arrangements have been beefed up in various parts of Uttar Pradesh, especially in Ayodhya district, in view of the impending judgment in the case. Section 144 has been imposed in the district till December 10.
Uttar Pradesh Chief Minister Yogi Adityanath had held a meeting on Thursday via video conferencing with all district magistrates and senior officials directing them to crack down on those trying to disrupt peace. He also asked the officials to stay alert and pro-active.

Between August to October, the Supreme Court held a day-to-day hearing for 40 days on a batch of petitions challenging Allahabad High Court’s order trifurcating the 2.77 acres of the disputed land at Ayodhya into three equal parts to Ram Lalla, Sunni Waqf Board and Nirmohi Akhara. The 16th-century Babri Masjid was demolished on December 6, 1992.

Hot Off The PressNews

Supreme Court: Ahead of the impending verdict in the Ayodhya case, Chief Justice of India Ranjan Gogoi held a meeting on Friday with Uttar Pradesh Chief Secretary Rajendra Kumar Tiwari and state DGP Om Prakash Singh to take stock of law and order situation in the
state, sources said.

The officials briefed the Chief Justice about their preparedness in handling the law and order situation. They also said that the administration is ready to deal with any kind of situation across the state. In the meeting lasted a little more than an hour, the CJI asked officials to take all necessary steps and ensure that no untoward incident takes place in any place in the state.

Security arrangements have been beefed up in various parts of Uttar Pradesh, especially in Ayodhya district, in view of the impending judgment in the case. Section 144 has been imposed in the district till December 10.
Uttar Pradesh Chief Minister Yogi Adityanath had held a meeting on Thursday via video conferencing with all district magistrates and senior officials directing them to crack down on those trying to disrupt peace. He also asked the officials to stay alert and pro-active.

Between August to October, the Supreme Court held a day-to-day hearing for 40 days on a batch of petitions challenging Allahabad High Court’s order trifurcating the 2.77 acres of the disputed land at Ayodhya into three equal parts to Ram Lalla, Sunni Waqf Board and Nirmohi
Akhara. The 16th-century Babri Masjid was demolished on December 6, 1992.

The judgment is expected to be pronounced before November 17, when CJI Gogoi demits office.

(Source: ANI)


More from the day-to-day hearing in Ayodhya Title Dispute:

Won’t hear the matter for even a single extra day after October 18: SC to all counsels

SC asks parties to come up with tentative timeline for conclusion of arguments

SC slams Nirmohi Akhara for opposing Ram Lalla’s plea; Says you ‘stand’ or ‘fall’ together

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

There was a temple in the inner courtyard of the disputed site: Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: The 40-days long Ayodhya title dispute hearing has finally come to an end today. The 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ has reserved it’s verdict in one of the most controversial cases this country has seen.

Earlier today, the Chief Justice of India Ranjan Gogoi had said that the daily hearing on the Ram Mandir-Babri Masjid land dispute will end by 5 pm today. He said,

“By 5 pm this matter is going to be over. Enough is enough,”

The Court had, though, initially set October 18 as the deadline for completion of all arguments in the protracted land title dispute. If speculations are to be believed, the Ayodhya verdict will be out by mid-nov.

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

 

Hot Off The PressNews

Supreme Court: On the 40th day of the Ayodhya Title dispute hearing, Chief Justice of India Ranjan Gogoi said that the daily hearing on the Ram Mandir-Babri Masjid land dispute will end by 5 pm today.

“By 5 pm this matter is going to be over. Enough is enough,”

Justice Gogoi dismissed the intervention application filed by the Hindu Maha Sabha seeking more time for arguments. The Hindu Maha Sabha is one of the parties in the dispute, Gogoi however, did not make any mention of the Sunni Waqf Board which withdrew its appeal.
Earlier yesterday, the CJI had said that Wednesday will be the 40th and last day of hearing.

During the hearing in the Supreme Court on Tuesday, Justice Gogoi had said:

“Today is 39th day. Tomorrow is 40th day and last day of hearing in the case.”

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)

Case Briefs

Supreme Court: Considering the threat perceptions of Zufar Ahmad Faruqui, Chairman, U.P. Sunni Central Waqf Board, the Court has dire ted the State of U.P. to forthwith provide adequate security to Faruqui. The said order came on the 38th day of Ayodhya title dispute hearing that is being going on before the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ.

Senior Advocate Rajeev Dhavan, the counsel for the Sunni Central Waqf Board, one of the parties in the case, has told the Supreme Court that it possesses the impugned land,

“We have been in possession throughout. There is nothing to suggest or show that the plaintiff (Nirmohi Akahara and others) are the proprietor of the disputed Ayodhya land title dispute land in question,”

The counsel said that there is no proof by the Archaeological Survey of India (ASI) to ascertain that a temple was destroyed to build the mosque at the impugned site. He argued,

“They claimed adverse possession since 1934 for which there is no proof,”

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)

Hot Off The PressNews

Supreme Court: Ram Lalla Virajman, one of the parties in the Ayodhya title dispute case, on Monday told the Supreme Court that it does not want any mediation in the case. The 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ has referred the Ram Janmabhoomi-Babri Masjid land dispute case, famously known as the Ayodhya Dispute, to a Court-monitored Mediation.

The court gave a go-ahead to the mediation on UP Sunni Waqf Board and Nirmoni Akhada’s plea. Besides these two, no other party showed any interest in the mediation.

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing in Ayodhya Title Dispute:

Won’t hear the matter for even a single extra day after October 18: SC to all counsels

SC asks parties to come up with tentative timeline for conclusion of arguments

SC slams Nirmohi Akhara for opposing Ram Lalla’s plea; Says you ‘stand’ or ‘fall’ together

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

There was a temple in the inner courtyard of the disputed site: Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: Indicating that judgment in Ayodhya dispute case is likely to be delivered before CJI Ranjan Gogoi’s retirement in November, the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ has said that it cannot grant even a single extra day beyond October 18 to all petitioners to complete their submissions after it was apprised by the lawyers that their submissions will be completed by the said date in “all the possibilities and manner”.

The Court has set October 18 as deadline for completion of all arguments in the protracted land title dispute, a move that has raised the possibility of a verdict in the politically sensitive case in the middle of November.

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing in Ayodhya Title Dispute:

SC asks parties to come up with tentative timeline for conclusion of arguments

SC slams Nirmohi Akhara for opposing Ram Lalla’s plea; Says you ‘stand’ or ‘fall’ together

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

There was a temple in the inner courtyard of the disputed site: Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: The 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ has decided to hear the Ayodhya land dispute case for an extra hour from next Monday in order to conclude the hearing before the October 18 deadline fixed by it.

The bench told the counsel for both the Hindu and Muslim parties that it has decided to rise at 5 pm instead of 4 pm, which is the scheduled time to wrap up the day’s proceedings in the Supreme Court. “We can sit for extra one hour from Monday (September 23),” it said.

The Court has set October 18 as deadline for completion of all arguments in the protracted land title dispute, a move that has raised the possibility of a verdict in the politically sensitive case in the middle of November.

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: PTI)


More from the day-to-day hearing in Ayodhya Title Dispute:

SC asks parties to come up with tentative timeline for conclusion of arguments

SC slams Nirmohi Akhara for opposing Ram Lalla’s plea; Says you ‘stand’ or ‘fall’ together

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

There was a temple in the inner courtyard of the disputed site: Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: The 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ has asked the parties in the Ayodhya land dispute to come up with a tentative time schedule or date when the arguments can be concluded.

On the 25th day of the arguments, the Court asked all parties to apprise it as to when their arguments are likely to be completed, hinting that the court can pronounce the judgment as submissions are over. When senior advocate Rajeev Dhavan, appearing for the Muslim side, sought a break in the hearing, the Court said,

“You (Dhavan) sit with your associates and inform about the number of days you will take to conclude your arguments,”

The Court also asked the Hindu parties as to how much more time will take to reply to Muslim parties.

During the course of the hearing, Dhavan read the pleadings of the Shia’s in order to show the position of Shia’s then and now. He submitted before the bench that there was no evidence to conclude that Lord Ram was born on the spot inside the central dome where the Babri Masjid once stood.

“There was no difference between Shias and Sunnis over the Babri Mosque and it was vested in Allah,”

Dhavan submitted some photos of Babri Mosque captured in 1950 in a bid to convince the court that the disputed land belonged to Muslims.

“We don’t have any objection to the Hindus, but the land belongs to us (Muslim side),”

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing in Ayodhya Title Dispute:

SC slams Nirmohi Akhara for opposing Ram Lalla’s plea; Says you ‘stand’ or ‘fall’ together

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

There was a temple in the inner courtyard of the disputed site: Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: When Nirmohi Akhara submitted that being the ‘shebait’ (devotee), only its lawsuit was maintainable and the case filed by deity Ram Lalla Virajman, through next friend Deoki Nandan Agrawal, should not be allowed, the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ said that the Akhara is “unnecessarily” opposing the plea of deity Ram Lalla for the title of disputed Ramjanam Bhoomi-Babri Masjid land as both the parties will “stand” or “fall” together. It said,

“There is no conflict between your (Akhara’s) suit and the suit filed by plaintiff number 1 (Ram Lalla)… Even if the suit of plaintiff (deity and others) is allowed, your right as ‘shebait’ stands.”

The bench asked senior advocate Sushil Jain, appearing for Nirmohi Akhara, that if the lawsuit of the deity was disallowed then for whom will the Akhara be ‘shebait’ of. It said,

“You cannot be the ‘shebait’ of the mosque. If your suit succeeds, it will be adverse to the deity.”

Sushil Jain, however, said the Akhara was not saying anything against the deity and moreover, the law is now well settled that the deity need not be a party in all the lawsuits and can be represented through ‘shebait’. He argued,

“A shebait can maintain the suit on behalf of the deity in its own name and need not implead the deity as a party.”

He submitted that though an idol is certainly a “juristic person”, it is permanently “linked” with the ‘shebait’ which can institute and maintain the lawsuits.

On this the bench said if a third party takes possession of the land of the deity then the ‘shebait’ may institute the lawsuit, but if there was a “vital interest” was involved, then the deity itself can initiate the lawsuits. Jain, however, said that the deity was not required to be made the party as the ‘shebait’ can do the needful. He further argued that the ‘shebait’ is ousted only when it is proved that it was acting against the interest of the deity and here, the Akhara is “claiming relief” for ‘Ram Lalla’ and there was “no conflict of interest”.

A 5-judge bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: FP)


More from the day-to-day hearing in Ayodhya Title Dispute:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

There was a temple in the inner courtyard of the disputed site: Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: Senior counsel appearing for Nirmohi Akhara, one of the parties in the Ayodhya title dispute case, told the Supreme Court that there was a temple in the inner courtyard of the disputed site.
Senior Advocate S K Jain told a bench headed by Chief Justice Ranjan Gogoi that Muslims were not allowed to enter the temple area.

“There was no mosque there. As per the revenue records, it can be said that the land was in possession of the Nirmohi Akhara,”

The 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing in Ayodhya Title Dispute:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: On the 8th Day of the Ayodhya Title dispute hearing, Ram Lalla’s counsel, Senior Advocate CS Vaidyanathan, told the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ that the disputed structure (mosque) was put in place either on the ruins of the temple or by pulling it down.

“Pillar bases found by the Archaeological Survey of India (ASI) have established the existence of a huge structure at the site of Babri Masjid. Other evidence revealed that it was a Hindu religious structure,”

The counsel relied on a document by the agency, which stated that a stone slab from the 12th century was recovered which had verses that spoke of King Govind Chandra, the king of a kingdom whose capital was Ayodhya.

“The verses found on the stone made it clear that there was a big Vishnu temple at that place and the ASI in the excavation had found the remains of that temple,”

The disputed site is considered to be Lord Ram’s Janmabhoomi (birthplace) and it has been the faith and belief of Hindus that make them visit the Ram janmabhoomi for darshan, the counsel added. He also read out the verbatim of the Muslim witnesses collated by him.

“The Muslim witness stated that if the mosque was built after the demolition of a temple, they will not consider it a mosque. He said that the mosque cannot be built on a forcibly occupied place,”

Vaidyanathan said that the Muslim side, including Sunni Wakf Board and others, had earlier said that there was no such pre-existing structure, but later changed their stand and said that the Islamic structure existed beneath Babri Masjid.

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing in Ayodhya Title Dispute:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: On the 7th Day of the Ayodhya Title dispute hearing, Ram Lalla’s counsel, Senior Advocate CS Vaidyanathan, told the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ that

“a “massive” temple of Lord Ram, dating back to the second century BC (Before Christ), existed at the disputed site in Ayodhya before the construction of Babri Masjid.”

He referred to the report of a court commissioner, appointed to inspect the site in 1950, and also relied upon the findings of the Archeological Survey of India (ASI) to buttress its claim over the disputed 2.77-acre land in Uttar Pradesh’s Ayodhya. He submitted that according to the ASI report, there “existed a massive, pillar-based structure dating back to the second century BC and the ASI survey was conclusive about there being a ‘mandap’ at the site with pillars“.

The senior lawyer extensively referred to various pictures and reports, including the ASI’s findings on the excavated materials from the disputed site, and said, however, there was no such material to show that it was a temple of only Lord Ram. But the pictures of the deities, including those of Lord Shiva, sculptures on the pillars of “Garuda” flanked by lions and the images of lotus amply indicated that it was a temple and moreover, these things were not found in mosques.

“Keeping in mind the faith of Hindus and preponderance of probability, it would indicate that this was a temple of Lord Ram. … Along with the massive old structure, other materials found during excavation suggested that it was a temple,”

Referring to the Allahabad High Court order, he said one of the judges, Justice S U Khan, did not deal with the ASI report in his judgment and erroneously concluded that the mosque came up on a vacant land and on the ruins of a temple, while the other two judges took note of the report, which said there was a temple where the mosque came up.

When the bench noticed that the question before it was not about the structure but whether it was of religious nature before the mosque was built there, the counsel said,

“It was a temple where the public had access. The basic foundation was the same, while the structure was rebuilt. The underlying foundation never changed. There was a total of 17 rows of pillar bases and each row had five pillars,”

On this the bench asked,

“You also have a grave here. How would you interpret this,”

To this the counsel responded that the grave belonged to a much later period. He also added that there were several layers of excavations and the grave was not found during the deep excavation.

On the issue of “namaz” being offered at the disputed site in the past, Vaidyanathan said,

“Offering prayers cannot mean valid possession unless you already own it. If prayer is offered on the street, it cannot be a proof to own it,”

The bench said the question was whether the disputed structure was “built as a mosque or being used as a mosque“. On this the Counsel said,

“No mosque will ordinarily contain pillars of this nature,”

He said during the 1950 inspection itself, it was very clear that there were various “structures, images” that belied the claim that it was a mosque.

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: PTI)


More from the day-to-day hearing in Ayodhya Title Dispute:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: On Day 6 of the Ayodhya Title dispute hearing, Senior advocate C.S. Vaidyanathan, appearing for deity Ram Lalla, told the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ that

“it is the belief of Hindus that Ayodhya is Lord Ram’s birthplace and the court should not go beyond to see how rational it is.”

He also told the Court that the birthplace of Lord Ram was also a deity and Muslims cannot claim right over the 2.77-acre disputed land as any division of the property would amount to “destruction” and “mutilation” of the deity itself.

The Court had asked if Hindus and Muslims jointly possessed the disputed site, Muslims could be ousted from it.

Vaidyanathan also submitted before the Court that the English writer William Foster published a book “Early Travels in India” which describes Ayodhya and building of Ram temple.

The Supreme Court said one of the earliest European geographers who write about India Joseph Tiefenthaler seems to suggest that Ram temple was demolished by Aurangzeb. On this, Vaidyanathan said Tiefenthaler refers to two accounts one of demolition by Aurangzeb and second by Babur, but it is clear it was demolished before 1786.

“Who demolished the temple wouldn’t matter for us as it proves that the temple existed. What is important about the document is that it identifies the Janmasthan and that a mosque was put up at the site of the Ram temple.”

On Court’s question when was the temple called Babri Masjid came into existence, Vaidyanathan said:

“In the 19th century it was called Babri Masjid. Before that, there was nothing to prove or show it was called Babri Masjid. Before 1786 there is no document to show this was known as Babri Masjid.”

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI & The Hindu)


More from the day-to-day hearing:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: On the 5th Day of the Ayodhya Title dispute hearing, arguments on whether a temple existed at the disputed site in Ayodhya were presented before the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ.

Senior advocate C S Vaidyanathan, appearing for deity Ram Lalla Virajman, advanced arguments on whether there was an existing temple over which the mosque came up, before a five-judge constitution bench headed by Chief Justice Ranjan Gogoi.

Three judges of the Allahabad High Court had held that there was a temple at the disputed site, Vaidyanathan told the bench also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.

“Justice SU Khan of the high court had said that the mosque was built on the ruins of the temple,”

Senior advocate K Parasaran, also appearing for deity ‘Ram Lalla Virajman’ told the court that it must do “full and complete justice” in all matters before it.

The bench had on Friday last asked as to whether anyone from the ‘Raghuvansha’ (descendants of Lord Ram) dynasty still resides in Ayodhya.

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: PTI)


More from the day-to-day hearing:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court:  On the fourth day of hearing in the Ayodhya title dispute case, the counsel appearing for one of the Muslim parties, raised objection over the Supreme Court’s decision to hear the appeals on five days in a week rather than three. The Court, however, refused  to conduct a 3-days a week hearing and said,

“if you need a break, we can give you when you argue or submit your contentions before us in the case.”

Senior advocate Rajeev Dhavan had told the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ that its decision to hear the case five days in a week is “inhuman”.

“We will not be able to assist the court. Hearing cannot be rushed through. It is simply not possible. I will be forced to leave this case. I am being put to torture because of this case,”

On the the CJI said,

“We have heard your grievance and will inform you about it soon,”

The bench had, on August 8, said that it will hear the Ayodhya title dispute case five days in the week — from Monday to
Friday. It is a deviation from the normal rules as the Constitution bench normally hears the matters only from Tuesday to Thursday. The Court only hears fresh or miscellaneous matters on Monday and Friday.

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: Senior Advocate K Parasaran, appearing for the Ram Lalla, one of the parties in title dispute case, has told the Supreme Court that Lord Ram’s birth place need not be the exact spot but could also mean surrounding areas.

“Janmasthan need not be the exact spot but can also mean surrounding areas,”

Parasaran told the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ that there was no dispute that the disputed site is the “Janmasthana” (birthplace). He maintained that both Hindus and Muslims have always called it a Janmasthana.

The counsel further contended that the high court had ordered partition of the disputed properties but no one had sought it.

“The rights of the entire area, that is 2.77 acres as a whole, had to be decided but the high court divided the property,”

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: The Court has sought evidence of possession of Ramjanmabhumi from Nirmohi Akhara, after it contended that it had lost the records in a dacoity in 1982.

Senior advocate Sushil Kumar Jain, appearing for the Akhara, told the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, Jof that the obstruction to worship and prayer is what forced them to file the civil suits.

“Not just my right of possession but my right of management has also been taken away … There are some property rights which the Shebiat (temple custodian-priest) enjoys. It is not just office but proprietary rights are blended with it. These Shebiats are more than mere managers. They also have proprietary rights,”

The Court clarified that Section 142 of the Limitation Act speaks of possession of the immovable property but does not talk about management and hence the possession of property and management of worship are two different things. Yesterday, the Akhara had told the top court that Muslims were not allowed to enter the temple gate since 1934 and it is in their possession since then.

The counsel asserted that the inner courtyard, which includes Sita Rasoi, Bhandar Grih and a place known as “Janamasthan” are in the possession of the Akhara.

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


More from the day-to-day hearing:

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC

Hot Off The PressNews

Supreme Court: On Day 1 of the day-to-day hearing in the Ayodhya land dispute, Nirmohi Akhara, told the 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ that Muslims were not allowed to enter the temple gate since 1934 and it is in their possession since then.

Senior advocate Sushil Jain, appearing on behalf of the Nirmohi Akhara, told the bench that the suit was filed by his client for the belonging, possession and management rights.

“The dome structure in the inner courtyard belongs to the Nirmohi Akhara. They have been wrongfully deprived of the charge and management of the temple,”

The counsel asserted that the inner courtyard, which includes Sita Rasoi, Bhandar Grih, and a place known as “Janam Asthan”, are in the possession of the Akhara.

“The idols were placed inside the mosque on the intervening night of December 22-23, 1949. The dispute for Nirmohi Akhara is for the inner courtyard and not the outer courtyard,”

He further contended that the claim over the disputed land was filed by the Nirmohi Akhara in 1934, whereas Sunni Waqf Board filed the suit in 1961.

Earlier in the day, the Court refused live streaming or audio/video recording of the proceedings due to non-feasibility of the same at the moment. KN Govindacharya had, on 05.08.2019, sought live streaming and recording of the proceedings in the Ayodhya case. He submitted that for the time being, at least the recording of proceedings can be done and at the later stage, live streaming could be considered. Govindacharya, in his petition, asserted that the public are being denied their right to access to justice under Article 21 of the Constitution.

A five-judge constitution bench is conducting a day-to-day hearing in the Ayodhya title dispute case, after it had on August 2 observed that since the mediation panel on Ayodhya matter has failed to achieve any final settlement in the matter, it will hold a day-to-day hearing in the case from August 6.

Fourteen appeals are pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The 16th-century Babri Masjid was demolished on December 6, 1992.

(Source: ANI)


Also read:

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed [Full Report]

Should Ayodhya dispute be decided by mediation? SC to decide on March 6 [Full Report]

Ram Mandir Babri Masjid| Ayodhya matter not to be referred to larger bench; matter not barred by res judicata in Ismail Faruqui case either: SC