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Allahabad High Court Verdict Ram Janmabhoomi Babri Masjid dispute
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by Ravi Dixit | September 30, 2010 at 03:52 am
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Today the verdict has been delivered in a 60 year old court case that had divided India along religious lines and has caused many inter religious conflicts. The judgement of Allahabad high court runs into 10,000 odd pages and the entire country was on tenterhooks fearing fresh trouble if there is an adverse judgement.
As the reaction that are emerging this is not the final settlement as one of the litigants Sunni Wakf Board has decided to challenge the High Court judgement in the Supreme Court of India.
Lucknow: The Sunni Wakf Board said Thursday it will move the Supreme Court against the Allahabad High Court order dividing the disputed land in Ayodhya among three parties and said they were not going to surrender it.
"We will appeal against the division of disputed land among three parties," Board lawyer Zafaryab Jilani told reporters here. "HC's formula of one-third land is not acceptable to the Waqf Board and it will appeal against it in the apex court," he said.
The high points of this 10,000 page verdict are as follows:
1. The 2.7 acre of land has been divided into three portions; one going to Hindus (Majority religion in India) and the idols of Bhagwan Ran (Lord Ram) will remain where they are, 1/3 rd will go to Muslims - Sunni Waqf Board and third portion " Sita Rasoi" will go to Nirmohi Akhara.
- What is Nirmohi Akhara?
Nirmohi Akhara filed a suit in January 1885 with the sub-judge of Faizabad, seeking consent to construct a temple for Hindu god Ram in the area called the Ram Chabutra, adjacent to the Babri mosque.
The sub-judge held then that two large religious structures in close proximity could potentially be a threat to public order.
Permission was denied by the court, though the Nirmohi Akhara has since kept up its effort to reclaim the land and construct the temple.
2. The court has also decleared that the place in Ayodhya is the birth place of Lord Ram as claimed by Hndus.
3. Status Quo to be maintained for the next three months and post that the division will take place.
4. The Title suit of Sunni Waqf board has been quashed.
The judgement also says that the disputed building was build by Babar against the tenets of Islam and it is not a mosque and it was a dsputed building.
Question: Was the disputed building build post destruction of old structure?
Judgement is that the disputed building was build with parts of Hindu Temple, after demolishing the Hindu Temple.
The 2.7 acre land has been established as a Hindu Religious worship place. More details are awaited.
Today in the life of Mumbai and India
The city of Mumbai like the rest of the country has remained peaceful and this is the biggest news of today. Almost everyone whether political or religious was looking at the clock to understand which way the verdict will lean. Looking at the past instances of religious violence surrounding one of the oldest disputes roads and local trains in Mumabi wore a relatively deserted look right from the morning and by evening one could just breeze through the streets as most of the establishments asked their employees to reach home before the 4 PM deadline of the verdict. This reflects the intense fear and apprehension that people felt.
The spectra of violence that people felt hovering over their head translated into an eerie science that engulfed the city. Al evening traffic hot spots were an easy drive through and this was the biggest indicator of people preferring the relative safety of their homes rather then sit late in the office or travel post 5 PM. Most of the taxis preferred not to ply of the road rather than risk unforeseen consequences.
As the darkness fell over the city people were glued to their television sets trying to make sense of a 6 decade old dispute and the daily soaps for once had to give way to news channels. Ignorant of the fact that the answers reside not inside the idiot box but deep within where most of us fail to look. The increased TRPs of news channels will bear testimony to the fact that today India an emerging super power looked most venerable in a long long time.
For this day the heart of the country was not in its financial capital Mumbai or the national capital Delhi but in Ayodhya and more specifically in Allahabad where the bench of Lucknow High Court delivered the verdict. This would be one of the rare instances where matter of religion / faith was decided by the logic, rational and evidence.
The entire judgement is available here The website is experiencing exceptionally high traffic so have reproduced the issues for briefing below:
Issues for Briefing reproduced from the Allahabad High Court website:
1. Whether the disputed site is the birth place of Bhagwan
Ram?
The disputed site is the birth place of Lord Ram. Place of
birth is a juristic person and is a deity. It is personified as the
spirit of divine worshipped as birth place of Lord Rama as a
child.
Spirit of divine ever remains present every where at all
times for any one to invoke at any shape or form in accordance
with his own aspirations and it can be shapeless and formless
also.
2. Whether the disputed building was a mosque? When
was it built? By whom?
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.
3. Whether the mosque was built after demolishing a
Hindu temple?
The disputed structure was constructed on the site of old
structure after demolition of the same. The Archaeological
Survey of India has proved that the structure was a massive
Hindu religious structure.
4. Whether the idols were placed in the building on the
night of December 22/23rd, 1949?
The idols were placed in the middle dome of the disputed
structure in the intervening night of 22/23.12.1949.
5. Whether any of the claims for title is time barred?
O.O.S. No. 4 of 1989, the Sunni Central Board of Waqfs
U.P., Lucknow and others Vs. Gopal Singh Visharad and others
and O.O.S. No.3 of 1989, Nirmohi Akhara and Another Vs. Sri
Jamuna Prasad Singh and others are barred by time.
6. What will be the status of the disputed site e.g. inner
and outer courtyard?
It is established that the property in suit is the site of
Janm Bhumi of Ram Chandra Ji and Hindus in general had the
right to worship Charan, Sita Rasoi, other idols and other object
of worship existed upon the property in suit. It is also
established that Hindus have been worshipping the place in
dispute as Janm Sthan i.e. a birth place as deity and visiting it as
a sacred place of pilgrimage as of right since time immemorial.
After the construction of the disputed structure it is proved 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 (in the disputed
structure) they were also worshipping. It is also established that
the disputed structure cannot be treated as a mosque as it
came into existence against the tenets of Islam.
*********
According to Bhatt, who represented the party on behalf of 'Ram Lalla', Justice DV Sharma decreed the title suit in favour of Hindus.
The High Court also dismissed the petition by Sunni Waqk Board and said that the mosque was built after demolishing a temple. Justice Khan ruled that the disputed land belonged to both the Hindus and Muslims.
The verdict was pronounced after all the litigants reached Court No. 21 of the Lucknow bench.
Barricades were erected about 200 metres from the court room and no one other than those connected with the case was allowed anywhere near the court room.
Sunni Waqf Board has said that they will appeal against the decision. All the Indian News Channels like Aaj Tak , NDTV News , India TV are covering this news without breaks. It is a big news day in India. A live feed of the Indian English news channel CNN IBN can be seen here.
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Ravi Dixit
Mumbai, India
Most RecentMost Recommended Comments (18)
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s.bhasker yadav (not verified)at 05:38 on September 30th, 2010
Had there been the system of resolving the issues through the verdit of the courts in the ancient period, I can say that definetly they would have approached the courts at that point of time rather then battel of wars, such as Mahabarath and many other battels. It is my personal opinion that even the god will appreciate the resolve of issue between the citizens of the country. This will happen only in Indian. Hence India is great.
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Arunmozhi (not verified)at 18:05 on September 30th, 2010
That is very correct. There can not be any better solution that this. I salute the three High Court Judjes.
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M.R.Siddhi (not verified)at 05:59 on September 30th, 2010
Historical verdict given by the Allahabad High Court (AHC). Every citizen should feel happy on the verdict.The court observed that the disputed land belongs to Hindus.It is also observed that there was a temple which was demolished by Babar ( the year not known) and hurriedly constructed a building ( not mosque) and not according to the Islam rules.The petition of Sunni waqf board was also quashed . I sincerily suggest that the entire land may be handed over to the Ramjanma Bhoomi authorities and a separate government land should be acquired and construct a bequtiful Masjid and name it as BABRI MAZID. A separate land should be rovieded to the NIRMOHI Akhada for their purpose and honour the sentiments of one hundred crore hindus of the World.
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M.R.Siddhi (not verified)at 06:02 on September 30th, 2010
Historical verdict given by the Allahabad High Court (AHC). Every citizen should feel happy on the verdict.The court observed that the disputed land belongs to Hindus.It is also observed that there was a temple which was demolished by Babar ( the year not known) and hurriedly constructed a building ( not mosque) and not according to the Islam rules.The petition of Sunni waqf board was also quashed . I sincerily suggest that the entire land may be handed over to the Ramjanma Bhoomi authorities and a separate government land on free of cost should be acquired and construct a bequtiful Masjid and name it as BABRI MAZID at the cost of the Government . A separate land should be provieded to the NIRMOHI Akhada for their purpose and Honor the sentiments of one hundred crore hindus of the World.
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Gajanan (not verified)at 06:26 on September 30th, 2010
This verdict of the Hon'ble Highcourt is balanced. Though it involve a sentiment of both religious community we must maintain status quo. We as Indian society are tolerent both Hindu and muslim show tolerence behavour. We can build there Temple and Mosque and Peace centre.
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neelkanth jariwala (not verified)at 07:02 on September 30th, 2010
i suggest to make a ram rahim charitable hospital at ayodhya....
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S A Ahmed (not verified)at 07:29 on September 30th, 2010
The Allahbad High Court verdict augers well for an amicable settlement. The Sunni Waqf Board, Nirmohi Akhada as well the BJP, RSS, VHP and the the like must not politicise the verdict to entangle indirectly millions of Hindus and Muslims as they have done during the last serval decades. The partys to the issue must accept the verdict and move forward on the sugestion of the High Court. Those who are horbouring the thoughts of going to Spreme Court must restrain from keeping the ticklish issue alive. A temple, a mosque or any other religious place will only provide pschological solace and comfort to those who beleive in and congregate there, but these places will not solve the problems of the nation and its ignorant poor who infact are a majority. It is this unfortunate majority who gets manipulated by politicians and myopic religious leaders and also make them lose their life and property whenever violence errupts. The proof: most violent incidences occur in poor and lower midle class areas, not in localities where the rich and the powerful leaders of political and religious outfits live. Their lives never get affected and they donot lose any thing. Against this backdrop, it is not in national interest to further prolong the Mandir-Masjid issue. Let us put an end to such issues as these do not make India remove poverty and ignorance. Let us inculcate oneness. Let us build an India where every one will have equal access to its resorces. let us build a nation where corruption does not run freely in its system. Let us have a society where the rich do not thirve by robing and exploiting the poor. Let us realise the dream of a free and fair India.
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Sharanhiremath (not verified)at 00:50 on October 1st, 2010
I agree with you in totto. The common people like us are really not interested in such issues. Few politicians who are greedy about power and money want to keep these issues alive. We have accepted the verdict by maintaining peace. But this is not something that politicians want. They want Hindus and Muslims keep fighting each other so as to fetch votes and thereby the power. We, Hindus and Muslims should ignore such issues to their jealousy. When the verdict came out yesterday, I found it very disgusting when few leaders still trying to make the common people feel that it is a vicotry for one community and loss for another. These shameless people still try through all possilbe ways to keep such issues alive. Keep an eye towards such leaders and teach them a prpoer lesson when they come to you for votes.
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Chandrakant Kalsi (not verified)at 07:44 on September 30th, 2010
The verdict is based on the evidences of religious faiths not on empirical evidences. Now demolition of Babri Masjid is justified. This will have dangerous consequences in future. The fabric of our secular constitution will be fully destroyed. Many issues of religious and community faiths will now come up destroying the communal harmony. A structure will be first demolished on the grounds of religious faith and this verdict will be made a precedence for vindications of such acts.. I don't know what will happen to this country.
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Abhishek_from_bihar (not verified)at 09:17 on September 30th, 2010
I don't like to share my religious with the invadours and and these muslim are just a renters of the india not the shareholder of india so i would not like to share my god's birth place with these people ........................ham sab jante hai ki BABUR kaun tha aur kaise india ko luta ....\ phir kaise is baat ko maan le ki wo hamara sajhedar hai....HOW?... please give me the answer for this........
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Asafa Hindi (not verified)at 10:26 on September 30th, 2010
Hi, It is a wrong concept of you and your teachers that the Muslims are renters of India. You need to be taught history and civics again. Any person of any faith living in India for more than 5 years, has the right to acquire citizenship, and an Indian citizen has his full right of faith. Majority of the Muslims in India are Aryans, that is they came to India with the Hindus. Dear, you are from Bihar, you must be an Aryan .......Congratz......U urself are an invader to India, you are from Central Asia.........Real inhabitant of India are Dravidians....who have been propelled to South India.Moghuls never forced any one to shift or leave their motherland.It is the fact that Babur and his successors have first unified India and gave the concept of HINDUSTAN. Aur Hindustan ko kaun loot raha hai, ye sarkari daftar ka chakkar laga kar pata kar lo......har taraf loot machi hai. The moghuls gave honour to India. And dear, if Babur have demolished the Temple (which seems to be unrealistic as it had been prohibited in Islam)? why your fore-fathers did not resisted him. It was Rana Sanga who invited Babur to capture Delhi. Can any one deny this??Ask your mentor Advani , the Demon, Or Ashok Singhal Or Praveen Togadia......no no Your Real Hero, Narendra Modi, "the living Man Eater".
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Asafa Hindi (not verified)at 09:50 on September 30th, 2010
It seems that the court had worked under any pressure. The issues in the court must be tackled with evidence and witness. They must not be decided on the religious feelings of majority community. This politically motivated judgment may be misused as a BLUE PRINT for many mosques throughout India. Can the Muslims feel safe and secure in this country where even courts are biased. A time will come when the owner of the land, as well as the occupier, will share the land of dispute on the behest of court.This kind of judgement was anticipated, when RSS head confirmed his press conference at 4:30 pm. The message was clear, either the result should be in their favour or there will be a blood bath. Let us pray for rule of law and justice for our motherland. A medieval wrong can not be corrected in modern and secular India.Some bigots are celebrating for this judgment, it is not a victory for any one. The minorities have only faith in Army and Constitution of India. If these fail, it will be the last nail in the taboot of Indian secularism.
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Chanakya Chandragupta (not verified)at 14:57 on September 30th, 2010
It appears very clear that the Mosque is either built by demolishing a Hindu Temple., or on the ruins of a Hindu Temple.Then my dear Muslim brothers. Why dont we simply accept and let the Hindu brothers build their temple, and let you take a bigger hand to give. Why do we need to fight. Why cant we just let go.Cant we be a little bigger here than what the court said. Do you have the guys to come out and say, we dont want 1/3rd, but we are willing to let go our claim, and let our Hindu brothers have the full. Then see how it turns out, my brothers..Sorry, if I hurt anyone.. Sorry if you come back to me with a same or similar question.Just let it go.. Lets show who we are... United we stand.Bottom line.. Do you REALLY want the Mosque to be there.. If not.. then why not give it up.. think a little.. may be I'm right.You can be a much better person to give the judgement.Being a Muslim, I'm sure you can give a much different judgement. Tell the system that you are willing to let it go, and let the Hindu brothers build their temple and have it full, and that you'll support them in the process.Tell them whatever happened 500 years back is not your responsibility, but now you can help them build the Ram temple.Then tell me how you feel.. When do you feel more happy... when you fight rigorously with someone and win.. ORWhen you let the other party win, even though you can fight rigorously. See how much love you can.. This is your chance, my brothes.. Fighting.. anyone can do.. Love.. not all.. See the magic.. Surprise the other party.. And see how it works for you also.. What do you really get if you fight...
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cpmalik (not verified)at 20:26 on September 30th, 2010
www.youtube.com/watch?v=ew75ksFLSPw
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cpmalik (not verified)at 20:29 on September 30th, 2010
www.youtube.com/watch?v=fP5ag--Umz4
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malikcps (not verified)at 20:30 on September 30th, 2010
www.youtube.com/watch?v=fP5ag--Umz4
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ndevarak (not verified)at 22:39 on September 30th, 2010
Like someone suggested, a government hospital should be constructed in that area in the right spirit of 'manava seva madhava seva'. Service to mankind is service to God.
There is no just verdict for this case.
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o.p.sharama (not verified)at 00:50 on October 23rd, 2010
ramjanam bhumi per high court ka faishala 3naayadheeso dwara liya gaya hi nahi hai ,waha to bhagawaan ram ke prerana dwara liya gaya hai.purab ki disa se hindu mandir ka dwaar lagakar jaha ramlalaji biraaj maan hai use garbh gruha banakar paschim kidisha se masjid ka dwaar lagakar masjid banane se eeshwar aur alla dono eakhi hai ye asli bharat ke pehachaan ban kar raha jaayega,ab rajneeti waale apne dhakal andaaji chood denese hi theek rahega,nahi to aane waale samay me in ko koye bhi acchee kahkar nahi boleenge.99.999pratisath loog is adalat ke faishle se khush hai.eeswaar allah tero naam in ko sanmaati de bhagh waan jai bharat