Gulf News

‘DEMOLITION OF BABRI MOSQUE UNLAWFUL’

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What the Supreme Court said:

“The exclusion of the Muslims from worship and possession took place on the intervenin­g night between 22/23 December 1949 when the mosque was desecrated by the installati­on of Hindu idols. The ouster of the Muslims on that occasion was not through any lawful authority but through an act which was calculated to deprive them of their place of worship. After the proceeding­s under Section 145 of CrPC 1898 were initiated and a receiver was appointed following the attachment of the inner courtyard, worship of the Hindu idols was permitted. During the pendency of the suits, the entire structure of the mosque was brought down in a calculated act of destroying a place of public worship. The

Muslims have been wrongly deprived of a mosque which had been constructe­d well over 450 years ago.”

“On 6 December 1992, the structure of the mosque was brought down and the mosque was destroyed. 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; 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 Constituti­on postulates the equality of all faiths. Tolerance and mutual co-existence nourish the secular commitment of our nation and its people.”

It said that a land measuring five acres should be allotted to the Sunni Central Waqf Board in Ayodhya.

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