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2019 Supreme Court verdict on Ayodhya

dispute
The final judgement in the Ayodhya dispute was declared by the
2019 Supreme Court
Supreme Court of India on 9 November 2019.[4] The Supreme
verdict on Ayodhya
Court ordered the disputed land (2.77 acres) to be handed over to a
dispute
trust (to be created by the government of India) to build the Ram
Janmabhoomi (revered as the birthplace of Hindu deity, Rama)
temple. The court also ordered the government to give an
alternative 5 acres of land in another place to the Uttar Pradesh
Sunni Central Waqf Board for the purpose of building a mosque as
a replacement for the demolished Babri Masjid.

Background

Allahabad High Court verdict


The Babri Masjid was not the first demolition. There used to be a
Ram Mandir in the place which was demolished to make a
mosque. A subsequent land title case was lodged in the Allahabad Court Supreme Court of
High Court, the verdict of which was pronounced on 30 India
September 2010. In the judgment, the three judges of the Full case M Siddiq (D) Thr Lrs
Allahabad High Court ruled that the 2.77 acres (1.12 ha) of name v. Mahant Suresh
Ayodhya land be divided into three parts, with 1 ⁄3 going to the Das & Ors
Ram Lalla or Infant Rama represented by the Hindu Mahasabha, Decided 9 November 2019
1 ⁄ going to the Uttar Pradesh Sunni Central Waqf Board, and the
3 [1][2]
Citation(s)
remaining 1 ⁄3 going to Nirmohi Akhara. The judgment affirmed
that the disputed land was the birthplace of Rama as per evidence Case history
provided and that the Babri Masjid was built after the demolition of Appealed High Court of
a Hindu temple, noting that it was not built in accordance with the from Allahabad
tenets of Islam.[5][6] Appealed to Supreme Court of
India

Title cases Subsequent See below


action(s)
In 1950, Gopal Singh Visharad filed a title suit with the Allahabad
High Court seeking injunction to offer puja (worship) at the Court membership
disputed site. A similar suit was filed shortly after but later Judges Ranjan Gogoi (CJI),
withdrawn by Paramhans Das of Ayodhya.[7] In 1959, the Nirmohi sitting Sharad Arvind
Akhara, a Hindu religious institution,[8] filed a third title suit Bobde,
seeking direction to hand over the charge of the disputed site, DY Chandrachud,
claiming to be its custodian. A fourth suit was filed by the Uttar Ashok Bhushan,
Pradesh Sunni Central Waqf Board for declaration and possession S. Abdul Nazeer
of the site. The Allahabad High Court bench began hearing the Case opinions
case in 2002, which was completed in 2010. After the Supreme Decision by Joint opinion of 5
Court of India dismissed a plea to defer the High Court verdict,[9] judges[3]
on 30 September 2010, the High Court of Allahabad, the three-
member bench comprising justices S. U. Khan, Sudhir Agarwal and D. V. Sharma, ruled that the disputed
land be split into three parts. The site of the Ram Lalla idol would go to the party representing Ram Lalla
Virajman (the installed Infant Rama deity), Nirmohi Akhara was to receive Sita Rasoi and Ram Chabutara,
and the Uttar Pradesh Sunni Central Waqf Board to receive the rest. The court also ruled that the status quo
should be maintained for three months.[10][11] All the three parties appealed against the division of disputed
land to the Supreme Court.[12][13]

The Supreme Court held final hearing on the case from 6 August 2019[14] to 16 October 2019.[15] On 9
November 2019, the Supreme Court ordered the land to be handed over to a trust (to be formed by the
Government of India) to build the Hindu temple. It also ordered the government to give 5 acres of land to
the Uttar Pradesh Sunni Central Waqf Board to build a mosque as a replacement for the demolished Babri
Masjid.[16]

Restrictions imposed before judgement


For 15 days preceding the verdict, restrictions were imposed in Ayodhya to prevent violence. Security
arrangements were increased across India. Thousands of paramilitary forces and police troops were
deployed in Ayodhya and surveillance of the region was carried out using CCTV cameras and drones.[17]

Internet services were closed in several places in Uttar Pradesh and Rajasthan,[18][19] while it was
announced that a total of 31 districts and 673 individuals were being closely monitored.[20] Section 144 of
the Code of Criminal Procedure of India was invoked in the entire state of Uttar Pradesh[21] as well as in
some major cities such as Bangalore,[22] Bhopal,[23] Jaipur,[20] Lucknow, and Mumbai. A public holiday
was declared for schools and colleges across the states of Jammu and Kashmir, Karnataka, Madhya Pradesh
and Uttar Pradesh, as well as Delhi, on the day of the verdict.[24] Security was stepped up across various
towns in Telangana; 20,000 personnel deployed in Hyderabad, mainly around the communally sensitive
areas of the Old City including the Charminar and Mecca Masjid.[25][26] According to reports, around
40,000 police personnel were deployed in Mumbai[27] and 15,000 in Chennai as a precautionary
measure.[28] The prime minister made a public request for maintaining peace and religious harmony.[29]

Summary of the verdict


The five-judge bench of the Supreme Court unanimously pronounced its verdict on 9 November
2019.[30][31] The judgement can be summarised as follows.[32][33][34][35]

The Court ordered the government of India to create a trust to build the Ram Mandir temple
and form a Board of Trustees within three months. The disputed land will be owned by the
government of India and subsequently transferred to the Trust after its formation.
The Court ordered the entire disputed land of area of 2.77 acres to be allocated for the
construction of a temple while an alternative piece of land of area of 5 acres be allocated to
the Uttar Pradesh Sunni Central Waqf Board for the construction of a mosque at a suitable
place within Ayodhya.
The Court ruled that the 2010 Allahabad High Court's decision, division of the disputed land
was incorrect.
The Court ruled that the Demolition of the Babri Masjid and the 1949 desecration of the Babri
Masjid was in violation of law.
The Court observed that archaeological evidence from the Archaeological Survey of India
shows that the Babri Masjid was constructed on a "structure", whose architecture was
distinctly indigenous and non-Islamic.
On objections raised with regards to ASIs various scientific claims by the Muslim parties, the
Supreme Court observed, the contesting parties could have raised it before the Allahabad
High Court as there were legal remedies available for the same.[36] The apex court of India
also commented that the ASI report which was submitted on behalf of the Allahabad High
Court was not an "ordinary opinion".[37] At the same time, on The Historians report to the
Nation authored by Aligarh historians and presented as an evidence, the court observed : "At
the highest, this report can be taken as an opinion."[38]
The ruins of an ancient religious structure under an existing building do not always indicate
that it was demolished by unfriendly powers, the Supreme Court held in its 1,045-page
judgment in the Ayodhya case.[39]
The court observed that all four of the Janamsakhis (biographies of the first Sikh guru, Guru
Nanak) state unambiguously and in detail that Guru Nanak made pilgrimage to Ayodhya and
offered prayers in the Ram temple in 1510–11 CE. The court also mentioned that a group of
Nihang Sikhs performed puja in the "mosque" in 1857.[40]
The Court said that Muslim parties, including the Uttar Pradesh Sunni Central Waqf Board,
failed to establish exclusive possession of disputed land. It said that the Hindu parties
furnished better evidence to prove that Hindus had worshipped continuously inside the
mosque, believing it to be the birthplace of the Hindu deity Rama. The Court cited that iron
railings set up in 1856–57 separated the inner courtyard of the mosque from the outer
courtyard, and that Hindus were in exclusive possession of the outer courtyard. It said that
even before this, Hindus had access to the inner courtyard of the mosque.
The Court ruled that the suit filed by Nirmohi Akhara could not be upheld and it had no
shebait rights.[41] However, the court ruled that Nirmohi Akhara should be given appropriate
representation in the board of trustees.
The Court rejected the claim made by Shia Waqf Board against the Uttar Pradesh Sunni
Central Waqf Board for the ownership of the Babri Masjid.
On 12 December 2019 the Supreme Court dismissed all the 18 petitions seeking review of the verdict.[42]

Domestic reactions

Parties to the dispute


The primary lawyer of the Muslim parties Zafaryab Jilani said that they were not satisfied with the verdict
but added that the verdict also contained some "good examples".[43] The Uttar Pradesh Sunni Central Waqf
Board's lawyer, Zafaryab Jilani, "expressed dissatisfaction over the Supreme Court's Ayodhya verdict,
saying it has a lot of contradictions and they will seek a review of it." [44] Zufar Faruqi, chairman of the
Uttar Pradesh Sunni Central Waqf Board, issued a statement saying that he accepted the verdict and
declared that it will not submit a review petition for the same.[45]

Jamiat Ulema-e-Hind, a litigant in the dispute, refused to accept the alternative site for a mosque ordered by
the court.[46]
All India Muslim Personal Law Board and Jamiat Ulema-e-Hind decided to file a review petition after
rejecting the verdict on 17 November 2019.[47][48]

Other religious figures


Prominent leaders from the Hindu and the Muslim communities extended their support to the Indian
government in maintaining peace, after meeting with National Security Advisor Ajit Doval.[49] The Shahi
Imam of the Jama Masjid, Delhi supported the verdict, saying that the dispute should not continue
further.[50] Some major industrial bodies supported the decision.[51]

Political parties and figures


Many political parties in India supported the judgement.[52] The Bharatiya Janata Party (BJP) said the
judgement will usher in peace and unity in India.[53] The Indian National Congress supported the verdict
and called for calm and peace.[54] Political figures such as Delhi chief minister Arvind Kejriwal, Bihar chief
minister Nitish Kumar, Madhya Pradesh chief minister Kamal Nath, and Dravida Munnetra Kazhagam
leader M. K. Stalin supported the judgement.[55][56] The Indian Prime Minister Narendra Modi tweeted
about the decision saying that it should not be considered as win or loss for anybody.[57] In a subsequent
address to the nation, he said that there would be peace and unity and that all issues can be solved within
the constitutional framework.[58][59] All India Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi
said that he was not satisfied with the judgement, calling it a victory of "faith over facts".[60]

Other
National Herald, published two articles criticizing the verdict.[61][62][63] The editorial later withdrew the
articles and issued an apology after facing criticism on social media and from the BJP.[63][64]

A few celebrities also expressed their opinion in support for the decision and called for harmony and
peace.[65]

Concerns of Sikh community


1045-page judgment referring Sikhism as a 'cult' instead of a distinct sovereign religion and quoting
accounts of Nihang Sikh worshiping idols which is totally prohibited in Sikhism, was condemned by
Shiromani Gurdwara Parbandhak Committee,[66][67] Delhi Sikh Gurdwara Management Committee,[68] H.
S. Phoolka[69] and Sikhs.[70][71] Dr. Manjit Singh Randhawa filed a petition in the Supreme Court seeking
to expunge 'all distorted facts' in the verdict judgment and word 'cult' while referring to the Sikh religion.[72]

International reactions
The Indian Ministry of External Affairs briefed foreign envoys and diplomats about the verdict on 9
November 2019.[73]
The Minister of Foreign Affairs of Pakistan, Shah Mehmood Qureshi, criticised the verdict and questioned
its timing as it coincided with the inauguration of the Kartarpur Corridor. He called the court verdict an
indication of the "bigoted ideology of Modi government".[74]

See also
Ayodhya in Hinduism
Shri Ram Janmabhoomi Teerth Kshetra

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atimes.com/india/mea-briefs-diplomats-of-various-countries-on-scs-ayodhya-verdict/articlesh
ow/71985377.cms). The Times of India. 9 November 2019. Archived (https://web.archive.org/
web/20200113203741/https://timesofindia.indiatimes.com/india/mea-briefs-diplomats-of-vari
ous-countries-on-scs-ayodhya-verdict/articleshow/71985377.cms) from the original on 13
January 2020. Retrieved 9 November 2019.
74. "After 370, Foreign Minister of Islamic Republic of Pakistan whines about Ayodhya verdict"
(https://www.freepressjournal.in/india/after-370-foreign-minister-of-islamic-republic-of-pakista
n-whines-about-ayodhya-verdict). The Free Press Journal. Archived (https://web.archive.org/
web/20191109144147/https://www.freepressjournal.in/india/after-370-foreign-minister-of-isla
mic-republic-of-pakistan-whines-about-ayodhya-verdict) from the original on 9 November
2019. Retrieved 9 November 2019.

External links
Official judgement released by the Supreme Court (https://main.sci.gov.in/supremecourt/201
0/36350/36350_2010_1_1502_18205_Judgement_09-Nov-2019.pdf)
A chronology of the Ayodhya dispute (https://www.thehindu.com/news/national/a-chronology-
of-the-ayodhya-dispute/article29929198.ece) published by The Hindu

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