Masjid demolition was violation of law: SC

The Supreme Court on Saturday held that the demolition of the Babri Masjid on December 6, 1992, was “an egregious violation of the rule of law” and as a remedy, it directed the government to allot a separate 5 acres land for construction of the mosque.

A five-judge constitution bench, headed by Chief Justice Ranjan Gogoi, said “the destruction of the mosque took place in breach of the order of status quo and an assurance given to this Court”.

On August 14, 1989, the Allahabad High Court ordered maintenance of status quo in the disputed structure which was upheld by the top court on November 15, 1991.

But a violent mob on December 6, 1992 demolished Babri mosque, asserting that there existed an ancient temple dedicated to Lord Ram, which was demolished by a military commander of Mughal Emperor Babur.

Holding that a wrong committed must be remedied and exercising its powers under Article 142 of the Constitution, the court directed that the Central Government or Uttar Pradesh government should allot land measuring 5 acres to the Sunni Central Waqf Board for construction of the mosque within Ayodhya.

Emphasising that Constitution postulates the equality of all faiths, it also said that “tolerance and mutual co-existence nourish the secular commitment of our nation and its people”.

“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,” the court said.

But the court said that the existence of the structure of the mosque until December 6, 1992 does not admit any contestation.

“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”