Ayodhya Dispute, The final judgement

Ayodhya Dispute, the Second Longest Case in the history of Supreme Court of India.

“हिन्दू कहें मोहि राम पियारा, तुर्क कहें रहमाना,

आपस में दोउ लड़ी-लड़ी मुए, मरम न कोउ जाना।..

meaning: A hindu says “I love Rama,” a Muslim says Rahmana,

They fight amongst one another, neither knows the aspiration/goal.

Ayodhya: Ayodhya is a city and the administrative headquarters of Faizabad district (officially Ayodhya district) of Uttar Pradesh, India. It shares municipal corporation with its neighbouring twin town of Faizabad. The Birth place of most revered gods in Hinduism “Lord Rama”. Later ruled over his kingdom from here. In medieval ages to commemorate his birth Place a Temple was build there.

In the Year 1528 The Chief Commandar of Babur “Mir Baqi” build Babri Maszid as a tribute to Babur build a Mosque at the same site after destroying the Janmabhoomi Temple and renamed as “Babri Maszid”.

What is Ayodhya Dispute: The question lies- The continuous debate over the history of the site and weather a previous temple was demolished or modified to create the mosque,  leads a dispute commonly known as Ayodhya Dispute.

History over the disputed site: 1853-59 to minimise the clashes over this disputed region, British government divide this in to two parts, the outer part to belongs to Hindu Community & Inner part to Muslim with proper fencing on it. In the year 1885 for the first time, When Mahant Raghubar Das approach court to build roof for to worship. In 23^rd December, 1949 Lord Rama’s Idol was placed inside the mosque. To avoid further dispute the government banned this disputed territory completely. But in order to discontinue the banned many civil cases filed against the very government like 1950 Mahant Ram Chandra Das & Gopal Singh Visharad filed a Case for Rightto Worship. But the court decreed the prayers and ordered no entry inside the structure to public (Both Hindu & Muslim) and that premise was locked down by the administration. In 1959 Nirmohi Akhara filed case to get possession of this particular land and In 1961 Uttar Pradesh Sunni Waqf Board filed an case to got complete possession of Babri Maszid.

After few years later, In 1984 Dharma Sansad(conclave) called by Vishwa Hindu Parishad to raise the Ram Mandir issue forefront to National Politics. But it also got an political angle When Prime Minister Rajeev Gandhi government opening the premises for Hindu worship and it also broadcast in DD National. Protest had been started in many places and politically with the formation of Babari Maszid Action Committee to raise the concern nationally. At the mean time Vishwa Hindu Parishad started a socio religious as well as political campaign to construct the temple at Janmabhoomi site and invite people to provide voluntary service to work for the temple (Karsevak) and go for “Shila Poojan” where Bricks collected from all over the country to construct Ram Mandir. In 1986 “Court of Faizabad” allowed Hindu devotees to worship in this region. In 1989 again a case was filed by Ram Lalla Virajman to get complete possession of this land. But in August 1989 the Lucknow bench of Allahabad High Court bunched together the entire petition regarding the dispute over the disputed site and ordered to maintain status quo.

But in November 1989 Vishwa Hindu Parishad “Shilanyas” stone laying ceremony over the disputed site multiple riots started all over the region and lost the life of 1000’s of people. Along with this the Political Scenario also changes National Front leader “VP Singh” became the Prime minister with outside support from BJP and left parties.

In the year 1990 (25^th Sept – 30^th Oct) BJP leader LalKrishna Advani from Somnath, Gujarat to Ayodhya, Uttar Pradesh went through an rally over 10,000 KM distance. But due to worse situation, Lalkrishna Advani arrested by Bihar Police. For this reason, BJP strike off support from VP Singh government. As the situation went through severe condition, in order to control the violence that time the vary UP government Mulayam Singh took strong political decision to control violence.

On 6^th December 1992, thousand of Karsebaks demolished the Babri Maszid and build a temporary Temple. After this the situation was too much worse, so in 16^th December 1992 “Liberahan Committee” was set up to investigate the situation and the responsible people to get punishment. It took 17 years and finally submit it’s report in June, 2009. Narasimhan government try to build Mandir, Maszid, Library and Museum along with other services but it was opposed by BJP government.

In 2002, BJP government came up under the Prime Ministership of Atal Bihari Vajpayee. He build an “Ayodhya Bivakh” to resolve the dispute and on table sitting solution. In April 2002, to determine the ownership right Allahabad High Court setting 3 Judges Constitutional Bench- Justice Sudhir Agarwal, Justice Sibghat Ullah Khan and Justice Dharam Veer Sharma which also ordered Archaeological Survey of India to present a report after proper investigation. The report shows after the excavation, that under the surface of Maszid there was an pillars (Also called Shrine) showing hindu motif which was build in 12^th century. After evaluating the reports Allahbad High Court in Lucknow bench on 30^th September, 2010 provide an historical judgement and made the area in to three parts- Ram Lalla belongs to Ram Janmabhoomi Nyas, Sita Rasoi, Ram Chabutra and Bhandara belongs to Nirmohi Akhara and Remaining part goes to Sunni Waqf Board. But none of the parties satisfied with this judgement. In 9^th May, 2011 The Supreme Court uphold the decision of Allahabad High Court and made restriction to implement. And finally Supreme Court hearing began in August 2017.

In February 2016, Subramanian Swamy also filed an petition at SC and March 2017 Chief Justice of India Justice JS Khehar deliver to settle the dispute with mutual co-operation. Nearly 32 appeals reach to Supreme Court till 2017.

In January, 2019 CJI Ranjan Gogoi sets up a five judge bench to hear the case. Named – Justice Ranjan Gogoi (CJI), Justice Sharad Arvind Bobde (Next CJI), Justice DY Chandachud, justice Ashok Bhushan and Justice A Abdul Naseer to put judgement on this matter. 8^th March 2019 Supreme Court went for Court mediated settlement under the mediation panel – Justice FMI Kalifulla, Sri Sri Ravi Shankar and Sriram Panchu submit it’s final report. A 40 days long hearing, Supreme Court reserved it’s judgement but parties has to submit “Moulding of relief” (Alternative claim in place of real one if SC’s verdict opposite the actual claim).

The Moulding of Interest of the following-

> Nirmohi Akhara (Sushil kumar Jain): From 1934 onwards possession of Inner Courtyard.

> Sunni Waqf Board (Rajeev Dhawan): Inner courtyard reconstruction.

> Ram Lalla Virajman (CS Vaidyanathan): Temple already existed.

Finally on 9^th November, 2019 a historical judgement declared by Supreme Court with unopposed and unanimous decision by 5 judges. Where Supreme Court rejected the claim of Nirmohi Akhara and Shia Waqf Board. Court observation on judgement-

Ø  Archaeological Survey of India proves that Babri Masjid was not constructed on vacant land.

Ø  The underlying structure was not Islamic.

Ø  There was a structure underlying the disputed structure.

Final Judgement of the Constitutional Bench-

Ø  Title of the land given to Ramlalla Virajman. (As per Indian Law God is a legal Entity)

Ø  Disputed site to be given to Ramjanmabhoomi Nyas.

Ø  Centre to frame scheme within 3 months and set up a trust for construction of a temple.

Ø  Muslim community to get another place for building Mosque.

Ø  Government to allot 5 acres of prominent land to Sunni Waqf Board.