A JUDGEMENT IN GOOD FAITH
Temple on site, Masjid elsewhere
In a historic unanimous judgment on Saturday, which has settled the 70-yearold Ayodhya row, the Hindus have won the right to build the Ram Mandir on the disputed land where the 16th century Babri Mosque stood until its demolition in 1992.
Instead of giving the land to any party in the petition, the 5judge Constitution Bench of the Supreme Court headed by outgoing Chief Justice of India Ranjan
Gogoi asked the Centre to take possession of both inner and outer courtyards of the site within three months and hand it over to a Trust of the Hindus for construction of the temple.
The Centre had acquired land around the disputed site after the mosque demolition.
The 5-judge Bench, which included CJI Gogoi, Justices S A Bobde, Dr D Y Chandrachud, Ashok Bhushan and S Abdul Nazeer, also asked the government to simultaneously hand over a 5-acre plot to the Sunni Waqf
Board to enable it to build a mosque.
The counsel of All India Muslim Law Board of the Sunni Muslims immediately held a press conference rejecting the 5-acre plot offer and indicated that it may seek review of the verdict. But later the Board seemed to backtrack. The court said the Centre will allot the plot to the Sunni Muslims out of the land acquired under the 1993 Ayodhya Act; or the state government can give it the plot at a prominent place in Ayodhya.
The Sunni Central Waqf Board would be at liberty to build the mosque on the allotted land, together with other associated facilities.
The Nirmohi Akhara, which was allotted one-third of the disputed site in a trifurcation by the Lucknow Bench of the Allahabad High Court 10 years ago, was ousted by the Supreme Court. Nonetheless, the court directed the Centre to give it appropriate representation in the proposed trust which will build the temple. The Akhara's suit was, however, dismissed; the bench held it was barred by limitation.
The Bench has devoted 116 pages out of its 1045-page verdict on the crucial question, detailed by "one of us" (name not disclosed), whether the disputed structure is the holy birth place of Lord Ram as per the faith, belief and trust of the Hindus.
The court concluded that "faith and belief of Hindus, prior to construction of the mosque and subsequently, has always been that the birthplace of Lord Ram is the site where Babri Mosque has been constructed.’’ Also, this faith and belief is proved by documentary and oral evidences.
POSSSSSION TO HINDUS: The Bench held that possession of both inner and outer courtyards shall be handed over to the Board of Trustees of the trust or to the body so constituted. Thus far the Muslims had held possession of the inner courtyard and the Hindus of the outer courtyard where they worshipped the Ram idol.
The court stated that the Archaeology Survey excavation report can't be dismissed. At the same time, the Babri mosque wasn't constructed on a vacant land. An underlying structure did exist which was not Islamic. But the ASI report hasn't said the underlying structure was a specific temple.
The court also said the Allahabad HC was wrong to divide the land between the three main parties, as the complex was a composite whole.
The ruling said the Centre will be at liberty to hand over the rest of the land acquired in 1993 to the trust for management and development in terms of the scheme to be framed as per the court's direction.
It said possession of the disputed property shall vest in the Centre's statutory receiver until a notification is issued vesting the property in the trust.The court also upheld right of the plaintiff in Suit 1 to continue to worship of the Ram idol at the disputed property, but subject to restrictions by the authorities to "maintenance of peace and order and the performance of orderly worship."