Vaishnavi Annasaheb Nirmal | Manikchand Pahade Law College, Aurangabad | 10th March 2020
M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors Civil Appeal Nos 10866-10867 of 2010
Fact of case:
Lord Rama was born in Ayodhya on the banks of the river Sarayu, according to the Ramayana. This place is identified with Ayodhya in present-day Uttar Pradesh. As per Hindu beliefs, an ancient temple stood at the birthplace to mark the spot. And that it was demolished in 1528 by first Mughal emperor Babur when he built a mosque – Babri Masjid – which was subsequently demolished by kar sevaks on December 6, 1992. The disputed property is of immense significance to Hindus and Muslims. The Hindu community claims it as the birthplace of Lord Ram, an incarnation of Lord Vishnu. The Muslim community claims it as the site of the historic Babri Masjid built by the first Mughal Emperor, Babur.
- 1528– The Babri Masjid constructed on orders of emperor Babur. As per local tradition, it was built after demolishing the temple at the birth spot of Rama.
- 1859– The colonial British administration put a fence around the site, post a communal clash, denominating separate areas of worship for Hindus and Muslims.
- 1949– Idols were placed inside the mosque. Both sides to the dispute filed civil suits. The government declared the area to be disputed and locked the gates of the building. The matter was held to be sub-judice.
- 1984– The movement to build a temple at the site, gathered strength when Hindu groups formed a committee to spearhead the construction of a temple at the disputed site.
- 1986- An order was passed by the district judge to open the gates of the mosque and allow the Hindus to worship inside the structure.
- 1989- In the month of November, the Vishwa Hindu Parishad laid foundations of a temple on land adjacent to the disputed structure. There were sporadic clashes in the country subsequent to this.
- 1990- The then BJP president Lal Krishna Advani took out a cross-country rathyatra to garner support for the move to build a Ram temple at the site.
- 1992- The then Chief Minister, Kalyan Singh took steps to support the movement such as making entry into area easier, promising no firing on Karsevaks, opposing decision of central government to send Central Police force in the area, etc.
- On 6th December, the mosque was demolished by nearly 2,00, 000 kar sevaks. This led to communal riots in many parts of the country.
- 2010- The Allahabad High Court pronounces its verdict on four title suits relating to the Ayodhya dispute on 30 September 2010. Ayodhya land to be divided into three parts.
Judgement:
The 5-judge bench of Ranjan Gogoi, CJ, S.A. Bobde, Dr. D.Y. Chandrachud, Ashok Bhushan and S. Abdul Nazeer, JJ, sat down on a Saturday morning, otherwise a holiday, to finally put an end to the Ayodhya Title dispute and held that the disputed land is to be given to Trust for construction of Ram Mandir. In an effort to balance the interest of both the parties involved, the Court directed that a suitable plot of 5 acres must be granted to Sunni Waqf Board to set up a Mosque.
It said, “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 allotment of in respect of the possessory claim of the Hindus to the composite whole of the disputed property stands on a better footing than the evidence adduced by the Muslims.”
Though it held that Ram Mandir be built at the disputed site, the Court, however, directed
“Having weighed the nature of the relief which should be granted to the Muslims, we direct that land admeasuring 5 acres be allotted to the Sunni Central Waqf Board either by the Central Government out of the acquired land or by the Government of Uttar Pradesh within the city of Ayodhya.”
Directions by the Court:
- Central Government to formulate a scheme for he setting up of a trust with a Board of Trustees or any other appropriate body within 3 months. Nirmohi Akhara to be given adequate representation in the Trust.
- Possession of the inner and outer courtyards shall be handed over to the Board of Trustees of the Trust or to the body so constituted. Possession of the disputed property shall continue to vest in the statutory receiver under the Central Government till then.
- A suitable plot of land admeasuring 5 acres be allotted to the Sunni Central Waqf Board either by
- The Central Government out of the land acquired under the Ayodhya Act 1993; or
The State Government at a suitable prominent place in Ayodhya.
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