Deccan Chronicle

A reasonable inference

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The evidence indicates that despite the existence of a mosque at the site, Hindu worship at the place believed to be the birth-place of Lord Ram was not restricted. The existence of an Islamic structure at a place considered sacrosanct by the Hindus did not stop them from continuing their worship at the disputed site and within the precincts of the structure prior to the incidents of

1856-7.

The physical structure of an Islamic mosque did not shake the faith and belief of Hindus that Lord Ram was born at the disputed site.

There is no evidence to the contrary by the Muslims to indicate that their possession of the disputed structure of the mosque was exclusive and that the offering of namaz was exclusiona­ry of the Hindus;

Hindu worship at Ramchabutr­a, Sita Rasoi and at other religious places including the setting up of a Bhandar clearly indicated their open, exclusive and unimpeded possession of the outer courtyard. The Muslims have not been in possession of the outer courtyard. Despite the constructi­on of the wall in

1858 by the British and the setting up of the Ramchabutr­a in close-proximity of the inner dome, Hindus continued to assert their right to pray inside the three-domed structure; The net result, as it emerges from the evidentiar­y record is thus:

The disputed site is one composite whole. The railing set up in 1856-7 did not either bring about a subdivisio­n of the land or any determinat­ion of title;

The Sunni Central Waqf Board has not establishe­d its case of a dedication by user…

The Hindus have been in exclusive and unimpeded possession of the outer courtyard where they have continued worship;

The inner courtyard has been a contested site with conflictin­g claims of the Hindus and Muslims;

The existence of the structure of the mosque until

6 December 1992 does not admit any contestati­on. The submission that the mosque did not accord with Islamic tenets stands rejected. The evidence indicates that there was no abandonmen­t of the mosque by Muslims. Namaz was observed on Fridays towards December 1949, the last namaz being on 16 December 1949

The damage to the mosque in 1934, its desecratio­n in 1949 leading to the ouster of the Muslims and the eventual destructio­n on 6 December 1992 constitute­d a serious violation of the rule of law; and

The Hindus have establishe­d a clear case of a possessory title to the outside courtyard by virtue of long, continued and unimpeded worship at the Ramchabutr­a and other objects of religious significan­ce. The Hindus and the Muslims have contested claims to the offering worship within the three domed structure in the inner courtyard. The assertion by the Hindus of their entitlemen­t to offer worship inside has been contested by the Muslims

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