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Ayodhya Dispute: Inchoation to Cessation


An overview of Ayodhya dispute

Since, 1528 a mosque was built, purportedly at the same site by destroying the Janmabhoomi temple, by Mir baqi- A general of babur. After a long span of time, First time in 1850-85, riots broke out between Hindus and Muslims in the vicinity of the structure.

Mainly, there was a dispute over a piece of land ad-measuring 1500squareyards in the town of Ayodhya. In which The Hindu community claims it as the birth-place of Lord Ram, and incarnation of Lord Vishnu. The Muslim community claims it as the site of the historic Babri Masjid built by the first Mughal Emperor, Babur.

This Court was tasked with the resolution of a dispute whose origins are as old as the idea of India itself.

Legal battle begins

In January1885, Mahant Raghubar Das, claiming to be the Mahant of Ram Janmasthaninstituted a suit before the Sub-Judge, Faizabad. The relief which he sought was permission to build a temple on the Ramchabutra situated in the outer courtyard, measuring seventeen feet by twenty-one feet.

On 24 December 1885, the trial judge dismissed the suit

On 18 March 1886, the District Judge dismissed the appeal against the judgment of the Trial Court but struck off the observations relating to the ownership of Hindus of the Chabutra contained in the judgment of the Trial Court.

On 1 November 1886, the Judicial Commissioner of Oudh dismissed the second appeal, noting that the Mahant had failed to present evidence of title to establish ownership of the Chabutra.

In 1934, there was yet another conflagration between the two communities.

Controversy of Dec 1949

The controversy entered a new phase on the night intervening 22 and 23 December 1949, when the mosque was desecrated by a group of about fifty or sixty people who broke open its locks and placed idols of Lord Ram under the central dome.

Post-independence suits instituted

A suit was instituted in 1950 before the Civil Judge at Faizabad by a Hindu worshipper, Gopal Singh Visharad files a suit for right to worship. Paramhansa ramchandra das filed a suit seeking to continue worship.

Nirmohi akhara files a Suit of 1959 for the management and charge of ̳the temple‘.

The Uttar Pradesh Sunni Central Board of Waqf and other Muslim residents of Ayodhya instituted a suit in 1961 for a declaration of their title to the disputed site.

A suit was instituted in 1989 by a next friend on behalf of the deity and the birth-place of Lord Ram.

These suits, together with a separate suit by Hindu worshippers were transferred by the Allahabad High Court to itself for trial from the civil court at Faizabad.
On dec.6 1992, Babri masjid structure demolished by karsevakas.

High Court verdict on 30 september 2010

The High Court held in a split 2:1 verdict that the Hindu and Muslim parties were joint holders of the disputed premises. Each of them was held entitled to one third of the disputed property.

After this verdict neither of the parties was satisfied, and all of them appealed in the SC.

Supreme Court Proceedings

On Jan 2019, CJI Ranjan gogoi sets up a five Judges bench for hearing.

The hearing on the case took place from September for 40 days continuously in the court and concluded on October 16, 2019.

Last day: 9 november 2019 order day

The decision was made unanimously by 5 judges. Claims of Nirmohi akhara and shia waqf board over the land is dismissed.

Observations: ASI excavations proves that babri masjid was not constructed on a vacant land. There was a non-Islamic structure underlying the disputed property.

Acc. To Hindu’s belief, birthplace of lord ram was in inner courtyard of mosque, which clearly establishes that Muslims offered prayer inside inner courtyard and Hindu’s in outer courtyard.

Now, who holds the disputed site?

The title of the land is given to Ramlalla virajman, disputed site to be given to Ramjanmbhoomi nyas.

Court orders to central govt. to frame scheme within 3 months and set up a trust for construction of temple.

Muslim community gets another place for construction of mosque, and govt. has to allot 5 acres of prominent land to Sunni waqf board.

Comments

  1. Nice content. It will help almost everyone to know about this dispute. I will definitely share this. 😊

    ReplyDelete
  2. Replies
    1. Because under art.142 constitution must ensure that a wrong committed must be remedied.
      This is the remedy being made because of the illegal demolition of property on 6 dec 1992.

      Delete

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