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Ramjanmabhoomi Court Verdict
Ramjanmabhoomi Court Verdict
Ayodhya is calm after the verdict was delivered. There is still a heavy security
presence. Police armed with automatic rifles and wearing riot gear can be seen
everywhere. They are asking everyone to stay indoors, remain calm and not react
to the verdict.
Many people are standing on their balconies or the roofs of their homes, taking in
the scene. Some flash a victory sign but otherwise the mood is subdued.
The disputed site is heavily guarded, its entrance behind barricades. These
restrictions will stay in place since the legal battle is still not over. But many people
here say they want to move on and above all want peace.
"It's an 8,500-page order. The court has said a status quo will be maintained at the
site for three months so we have time to appeal in the Supreme Court."
He told the BBC: "We hope peace and tranquility will be maintained."
The head of the right-wing Hindu group Rashtriya Samajsevak Sangh, Mohan
Bhagwat, said: "It is no-one's victory, no-one's defeat.
"The temple for Lord Ram should be built; now everyone should work unitedly to
ensure that the temple is built at the site."
Nearly 200,000 security personnel were deployed across northern India to quell any
unrest in the wake of the verdict.
However, there have been no reports of violence so far.
Some Muslims have given a cautious welcome to the judgement, suggesting it
could begin a process of reconciliation, says the BBC's Mike Wooldridge in Delhi.
Correspondents say the Ayodhya ruling could not have come at a worse time for
the authorities - they already have their hands full dealing with security
preparations for the Delhi Commonwealth Games which begin on Sunday.
However, the BBC's Soutik Biswas in Delhi says the verdict is a test of India's
secular identity and much has changed in the country since the mosque was
destroyed in 1992
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29 September 2010 Last updated at 10:49 GMT
• Ayodhya dispute centres around land 130ft (40m) x 90ft (27m) where the
mosque stood
• Court cases over the issue date back to 1949 - so far 18 judges have heard
the case
• A 1992 report blamed top Hindu nationalist politicians for a role in the
demolition
• A key issue is whether the temple was demolished on the orders of Mughal
emperor Babur in 1528
• Other questions are whether the mosque was built according to Islamic law
and whether idols were put inside it by Hindus in 1949
• Q&A: The Ayodhya dispute
"We are going to college and migrating to big cities for work. But Lord Ram resides
in our hearts always, he resides in every corner of Ayodhya," says Chetan Pandey,
a student.
There is no evidence that the hero of the popular Indian epic Ramayana was a
historical character.
But a mixture of faith, sentiment and myth have led many Hindus of Ayodhya - and
elsewhere in India - to believe that Ram was born at the very site in Ayodhya
where the Babri Mosque was built in the 16th Century.
"But there was no religious tension between Hindus and Muslims here till December
1949 when an official allowed an idol of child Ram [Ram Lalla] to be placed inside
the mosque under the cover of darkness," says VN Arora, who was born in the city.
'Inventing a reality'
These moves, in the words of historian Mukul Kesavan, "invented the reality of Ram
worship in a mosque" and ensured that a "medieval mosque continuously in use till
the mid-1930s was prised open for Hindu worship".
So why did a sleepy pilgrim town and "birthplace of Ram" turn into a religious
battleground?
Many locals believe infamy was foisted on Ayodhya by Hindu fanatics who "invaded"
it to demolish the mosque on the back of a Hindu nationalist movement whipped up
across India by a group of militant Hindu organisations associated with India's main
opposition Bharatiya Janata Party.
More than a dozen Muslims were killed by mobs in the aftermath of the demolition
in the town, and at least 260 Muslim shops and homes gutted.
The destruction of the mosque also led to riots across India, in which about 2,000
people were killed.
Locals say it was again the handiwork of fanatics from outside, though others say
that some locals connived in the killings and pillage.
The transformation of a sleepy pilgrim town into a "Hindu Vatican", as many Hindu
nationalists prefer to call it, has been a boon and bane for its residents.
The mosque's destruction was one of India's most bitterly contested events
The Indian cabinet has issued a written appeal in major newspapers, calling for
calm ahead of a court verdict next week on the long-running Ayodhya dispute.
On Friday, a court in Lucknow city refused to defer the ruling which is due to be
announced on 24 September.
The court is to rule who owns land in the northern town of Ayodhya, where the 16th
Century Babri mosque was destroyed by Hindu mobs in 1992.
Hindus claim the site is the birthplace of their god, Lord Ram.
The destruction of the mosque led to widespread rioting between Hindus and
Muslims, and some 2,000 people died.
It was some of the worst Hindu-Muslim violence since the partition of India in 1947.
'Sensitive issue'
The cabinet appeal carries the name and photograph of Prime Minister Manmohan
Singh and it takes up half a page in major newspapers.
"The government appeals to all sections of society to maintain peace and order
after the delivery of the judgement," the appeal reads.
"There should be no attempt whatsoever made by any section of the people to
provoke any other section or to indulge in any expression of emotion that would
hurt the feelings of other people," it says.
Officials say the appeal will also be carried in various languages on Indian radio
over the coming days.
The BBC's Chris Morris in Delhi says it is a sign of just how sensitive, and
potentially inflammatory, the dispute in Ayodhya is.
India's home ministry has already warned that the legal decision is likely to evoke
sharp reactions and communal passions.
And the state government in Uttar Pradesh, where Ayodhya is, has asked for
50,000 extra security forces to deal with any law and order problems.
Hindu fundamentalist groups are still determined to build a temple on the disputed
site in Ayodhya and now the court is about to issue a legal ruling on what is a
contentious matter of faith, our correspondent adds.
Meanwhile, an application to defer the judgment because of fears about the security
situation was rejected by court on Friday.
A three-judge special bench of the court rejected the application filed by Ramesh
Chandra Tripathi.
Mr Tripathi had asked for the decision to be postponed to give the two sides times
to reach an amicable settlement through reconciliation.
The judges also fined him 50,000 rupees (£700; $1,100) for wasting the court's
time.
Now that the plea has been rejected, India is holding its breath and hoping for calm
in a week's time
A mob of Hindu militants has torn down a mosque and attacked other Muslim targets in the
north Indian town of Ayodhya, in one of India's worst outbreaks of inter-communal violence.
The gathering at the mosque began as a religious procession organised by three right-wing
Hindu groups, including the main opposition Bharatiya Janata Party (BJP).
Hindu extremists have been campaigning to get rid of the Babri mosque in Ayodhya, a focus
for Hindu-Muslim hostility for decades.
They want to build a Hindu temple in its place, to mark what they believe to be the
birthplace of the Hindu warrior king, Lord Ram.
Court order
A court has already ordered that the mosque be protected from demolition.
The leaders of the three parties promised to stand by the court's decision, and said today's
demonstration would be limited to a religious ceremony symbolising the laying of the first
bricks of a Hindu temple.
But before the ceremony could start, the 200,000-strong crowd broke through police
cordons.
They used hammers to knock down the three domes of the mosque, and then tore at the
bricks with their bare hands until the building was totally destroyed.
The government had brought in hundreds of extra police, but eyewitnesses said they stood
by and allowed the destruction to take place.
The mob also turned on Indian and foreign journalists recording the scene, before moving
on to attack Muslim houses and property in the area.
Backlash feared
The violence has sent shockwaves throughout the country.
Security forces throughout the north are on high alert, fearing a backlash from India's 120
million strong Muslim population, and the government has sent paramilitary reinforcements
to the area.
The cabinet met in emergency session and dismissed the BJP-led government in Uttar
Pradesh for failing to protect the mosque.
The state - and its 150 million inhabitants - will be ruled directly from New Delhi.
The Prime Minister, Narasimha Rao, has repeatedly appealed for calm in radio and television
broadcasts.
"What happened today is a matter of great concern and shame for all Indians," he said.
The leader of the BJP, Lal Krishna Advani, described the incident as "very unfortunate", and
appealed to the crowd still at the Babri mosque site to leave.
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The Allahabad High Court's verdict in the Ayodhya land case on Thursday is a complicated one
but it may have built the ground for an amicable settlement to the dispute.
The Lucknow bench of the High Court said that the disputed land in Ayodhya where a makeshift
temple was built after
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demolishing the Babri Mosque in 1992 was Lord Ram's birthplace. However, it ruled that the land
be split among three contesting parties -- Hindu Mahasabha, Nirmohi Akhara and Sunni Waqf
Board -- equally.
A three-judge bench of the court invited suggestions from all the parties for demarcation of the
land. Suggestions for an amicable settlement in the dispute would depend on what the contesting
parties do after the court verdict.
The parties may first and foremost move the Supreme Court. The Sunni Waqf Board and the
Hindu Mahasabha have already indicated that they might do so. They are "partly disappointed" by
the High Court verdict, but at the same time they maintain "it's a step forward."
The second option is to amicably work out the demarcation of the disputed premises as directed
by the High Court. This could mean co-existence of Mandir and Masjid at the disputed site.
Lawyer and BJP leader Ravi Shankar Prasad on Thursday appealed Muslims to respect the
sentiments of Hindus and help in building a Ram temple in Ayodhya. "After this ruling, I make a
humble appeal to the Muslims of this country, please accept this verdict, please help in the
construction of a temple... It will lead to a new brotherhood in the country," he said.
Zafaryab Jilani, Mushtaq Ahmed Siddiqui and Syed Irfan Ahmed, the lawyers representing the
Muslim side in the Babri suit, had earlier in the day said in a joint statement that Lord Ram had
been described as "Imam-e-Hind" by the poet Allama Iqbal. "The personality of Lord Ram is not at
all in dispute in the Ayodhya case," they said.
Even Hari Shankar Jain, Counsel for Hindu Mahasabha, has said: "The status quo at the disputed
is not going to get disturbed. It's a title suit and the party losing the case will have enough time to
appeal before the Supreme Court. We will be building 'Rashtra Mandir' and not Ram Mandir in
which all communities should come forward to build."
The parties' statement gives hope for an amicable settlement but much would depend on their
action
Akhil Bharat Hindu Mahasabha, one of the early litigants in the Ayodhya title suits, on
Thursday said it would challenge the Allahabad High Court order to divide the "Ramjanambhoomi"
land in three parts. "We have decided to challenge the decision to divide the Ramjanambhoomi
land in three
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parts", said state president of ABHM Kamlesh Tiwari.
"Our fight for the Ramjanmbhoomi was acknowledged by the entire bench unanimously", he said.
He said the legal battle was initiated by Mahasabha president of Faizabad Gopal Singh Visharad
in Janauary 16, 1950
Disputed structure built against the tenets of
Islam: Judge
Press Trust Of India
Lucknow, September 30, 2010
Holding that the disputed site in Ayodhya is the birth place of Lord Ram, Justice Dharam Veer
Sharma onThursday said the structure constructed by Babar was against the tenets of Islam and
cannot have the character of a mosque. "The disputed building was constructed by Babar, the
year is not
certain but it was built against the tenets of Islam. Thus, it cannot have the character of a
mosque," the judge said in his judgement on the Ayodhya title suits.
He said the disputed structure was constructed on the site of the old structure after its demolition.
The Archaeological Survey of India has proved that it was a massive Hindu religious structure, he
said.
The judge said the disputed site "is the birth place of Lord Ram" and that a "place of birth is a
juristic person and is a deity."
"The spirit of divine ever remains present everywhere at all times for anyone to invoke in any
shape or form in accordance with his own aspirations and it can be shapeless and formless,"
Justice Sharma said.
He said the idols of Lord Ram were placed ion the middle dome of the disputed structure in the
intervening night of December 22-23, 1949.
The judge held that the Sunni Central Board of Waqfs, UP and another main petitioner Nirmohi
Akhara were barred by time for claims for title.
He said it established that the property in suit is the site of "Janmabhoomi of Ram Chandraji and
Hindus in general had the right to worship Charan, Sita Rasoi, other idols and other objects of
worship that existed on the property in suit."
It has also been established that Hindus have been worshipping the place in dispute as
Janmasthan and visiting it as a sacred placed of pilgrimage "as a right since time immemorial".
After the construction of the disputed structure it has been proved that the deities were installed
inside the disputed structure on 22-23.12.1949.
"It is also proved that the outer courtyard was in exclusive possession of Hindus and they were
worshipping throughout and in the inner courtyard also they were worshipping," he said.
Justice Sharma said, "it is also established that the disputed structure cannot be treated as a
mosque as it came into existence against the tenets of Islam."
లకన: అయధయ కసుల అలహబద హైకరుట లకన బంచ గురువరం సయంతరం సంచలనతమకమైన,
చరతరతమకమైన తరుపను వలువరంచరు. తరుపపై ముగుగరు నయయమూరుతలు భననభపరయలు వయకతం
చశరు. మజరట నరణయనన పరగణనలక తసుకవలన కరుట పరతనధులు చపపరు. వవదసపదమైన సథలం
రమజనమ భూమక సంబంధంచందన కరుట నరధరంచనటుల నయయవదులు చపపరు. సునన వకఫ్ బరుడ
పటషన ను కరుట కటటవసంద. వవదసపద సథలం రమజనమ భూమనన, అకకడ నుంచ రమ లల
వగరహలను తలగంచకడదన హైకరుట తరుప ఇచచనటుల నయయవదులు చపపరు. అపపల క కరుట 3 నలల
గడవ ఇచచంద. తరుపను హైకరుట మూడ వభగలుగ వలువరంచంద. వవదసపద సథలనన మూడ
భగలుగ హైకరుట వభజంచద. మూడ సథలలల ఒకట హందపలక, మరట ముసలంలక చందనవన,
మూడద నరమహ అఖడక చందందన హైకరుట సపషటం చసంద. రమ లల వగరహలునన సథలం రముడక
చందందన తరుప చపపంద. సత రసయ, రమ చబుతర సథలం నరమహ అఖడక చందందన తలపంద.
మగత సథలం సునన వకఫ్ బరుడక చందందన తరుప సపషటం చసంద. మూడ నలల పటు యథతథ సథత
కనసగుతుంద. కగ, హైకరుట తరుపపై సుపరంకరుటక వళతమన సునన వకఫ్ బరుడ అంటంద.
The destruction of the masjid was a serious crime under Sec 295, IPC. The destruction
violated the Constitution as it denied to every Muslim or a section thereof, the freedom
of religion guaranteed to them by Articles 25 and 26 of our Constitution. The destruction
of the masjid put an end to all previous controversies raised by Hindu organisations
about their alleged right to erect a temple on the place where the masjid stood. This is
because no court will give any assistance to those who unilaterally by criminal acts
destroyed the subject matter of the dispute and violated the Constitution and the law.
After December 6, 1992, the earlier controversies were replaced by one question: What
was the duty of the central government once the Babri Masjid had been destroyed by
the unconstitutional acts of a fanatical Hindu mob? To this, there can be only one
answer: the Babri Masjid must be rebuilt, and Prime Minister (P V Narasimha Rao) gave
that answer on December 7, 1992, when he said that he considered it his duty to rebuild
the Babri Masjid. Far from the Prime Minister and his Cabinet discharging their duty to
rebuild the Babri Masjid by taking valid legal steps to make such rebuilding possible,
they have sidetracked the real question, thereby evading their clear duty. On January 7,
1993, the President promulgated The Acquisition of Certain Areas of Ordinance, 1993.
Also, on January 7, 1993, the President , acting under Article 143(1), referred the
following question for the advisory opinion of the Supreme Court: “Whether a Hindu
temple or any Hindu religious structure existed prior to the construction of the
Ramjanmabhumi-Babri Masjid (including the premises of the inner and outer courtyards
of such structure) in the areas on which the structure stood?” Some of the recitals to the
Ordinance state that the lands at Ayodhya were being acquired to maintain public order
and to promote communal harmony and common brotherhood amongst the people of .
The Ordinance and President’s reference are interconnected, for recital 5 to the
reference states that notwithstanding the vesting of the area acquired in the central
government, the Centre “proposes to settle the said dispute after obtaining the opinion
of the and in terms of the said opinion” .The Ordinance and the President’s reference
cannot possibly achieve the objectives set out in those measures. First, it is well settled
that an advisory opinion binds nobody, not even the Supreme Court. Secondly, no
court, much less the Supreme Court, would answer a question which required the court
to carry out research not only in 500 years of history and archaeology but also in myths
and legends contained in epic poems and in folk lore. Further, under Article 143(1), the
Supreme Court may give its opinion but is not bound to do so. If, as is almost certain,
the Supreme Court declines to give its opinion, the Ordinance and the reference cannot
achieve the central government’s objective of settling the dispute in the light of that
opinion . Further, the central government cannot settle the Babri Masjid dispute. It can
be settled only in one of three ways: By the parties to it setting out their respective
cases for the decision of a competent court, and the Supreme Court is not a competent
court of original jurisdiction for this purpose. Secondly, the parties can agree to the
dispute being settled by arbitration. And, thirdly, the parties can settle the dispute on the
terms agreed upon between themselves. Therefore, the Ordinance and reference
cannot resolve the Babri Masjid dispute. The Ordinance is void because it violates the
fundamental rights of Muslims and Muslim denominations to the freedom of religion
conferred on them by Articles 25 and 26. Clause 3 of the Ordinance vests the area
acquired in Ayodhya in the central government . Clause 4(1), inter alia, vests all
movable and immovable property in the acquired area in the central government.
Clause 4(2), inter alia, extinguishes all trusts on which such property is held. Also, all
restrictions imposed on the use of such property by any court, tribunal or other authority
would cease to have effect. Clause 4(3) puts an end to all pending suits, appeals or
other proceedings in relation to the properties vested in the central government. Clause
9 states that the provisions of the Ordinance states that the provisions of the Ordinance
shall have effect notwithstanding anything inconsistent therewith in any other law or in
any decree or order of any court, tribunal or other authority. But the provisions of the
Ordinance cannot override the provisions of our Constitution . The SC has held in cases
too numerous to mention that any law which extinguishes a religious trust or removes
the trustees or managers of pro
perties movable and immovable belonging to a religious trust is void, as violating
Articles 25 and 26. (Excerpts from a two-part article by an eminent lawyer published in
ET in April 1993)
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One third of the site will go to the Nirmohi Akhara, a group of Hindu
ascetics who are devotees of none other than Lord Ram. Their name means, roughly,
“Group Without Attachment.” They have given up the material world for the company of
their god. They are “sadhus” – or Hindu holy men often characterized by the hermetic
tendencies.
They claimed in court that there is no mosque called Babri Masjid at the site in
Ayodhya, nor did the Mughal commander Babur make any conquest or any occupation
of territory in India. They also claimed the site is of ancient antiquity and has existed
before the living memory of man. Lord Ram and his court representatives receive
another third of the site.
Nirmohi Akhara (or Nirmohi Akhada) is a group of monks who were doing their daily
rituals near the disputed land and claimed that they had been staying there since
decades and that the disputed land in Ayodhya belongs to them. This group has came
into light in connection with the Ayodhya dispute since 1959, when it filed a title suit
claiming that they own the disputed site of Babri mosque. Nirmohi Akhara intially filed a
suit in January 1885.
They requested the consent of the sub-judge of Faizabad to construct a temple for the
Hindu god Rama, called the Ram Chabutra, very adjacent to the Babri mosque which
was constructed by the Mughal emperor Babar in 1528 (16th century). But the
permission was denied as the sub-judge felt that two different religious construction with
so much proximity could lead to the public disorder.
And since then, the group has been claiming their land in the form of suits to construct
the temple there. On September 30, 2010, the Allahabad court three-panel bench has
given a verdict allotting a 1/3rd part of the dispute land to the Nirmohi Akhara group.
The Nirmohi Akhada is now headed by Mahant Bhaskar Das.
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