Highlights of Ayodhya Babri Masjid Land Dispute
After 40 days of hearing (2nd longest hearing of any case in Indian history), in the Landmark Judgement of 1045 pages on 9th Nov, 2019, the Chief Justice Ranjan Gogoi led 5-judges bench has delivered its final verdict on Ayodhya land dispute granting land possession to Ram Lalla and an alternate 5 acres of land to Sunni Waqf Board to build a mosque in any prominent place in Ayodhya. In addition to this, a Board of Trust is to be formed by the Central government which will look after the construction and maintenance of the temple.
What is this Land Title dispute all about?
Land title dispute is between whom?
The possession of land title is claimed by 3 parties involved in the matter:
1) Ram JanmaBhumi Nyas,
2) Nirmohi Akhara,
3) Shia and Sunni Wakf Boards
History of Babri Masjid
1) Babri Masjid was build by Mir Baqi (he was Sunni), a commander of Mughal emperor Babar in 1528.
2) Babri Masjid is a 3-dome structure, located on hill called Ramkot
3) The Hindus believed that the mosque was built after razing down a Ram temple.
*Ayodhya is the birthplace of Lord Ram, the 7th incarnation of Lord Vishnu
History of Babri Masjid - British era
The legal battle regarding the possession of Land title can be traced to the British era.
1) In 1853, Nirmohi Akhara occupied the site, claiming ownership of the land and attempted to build a temple there.
2) Periodic violence occurred from 1853 to 1855
3) In order to control the communal clashes between Hindus and Muslims, the colonial administration build a fence around the Masjid in 1855 to allow both communities to worship in the area.
4) Muslims worshipped inside the mosque (Inner courtyard) and Hindus prayed at Ram Chhabutra, a platform built within the mosque compound (Outer Courtyard)
5) In 1883, a movement was started to build a temple at Ram Chabutara
6) In 1885, Mahant Raghubir Das went to Faizabad district court’s to appeal for building a canopy outside the site. But, Court rejected the plea.
7) In 1934, Hindu-Muslim riots occurred in Ayodhya due to incident of cow slaughter in the nearby Shahjahanpur village. During riots, walls around the Masjid and one of the three domes of the Masjid was damaged which was restored by British Government
History of Babri Masjid – 1949
1) An idol of Ram Lalla was placed under the central dome of the Masjid in 1949.
2) Muslim side claimed it was the handiwork of the Hindus, while the Hindus wanted to worship the idol.
3) Violence broke out, and the administration locked the premises with the idol inside.
4) No parties were allowed inside the premises until February 1, 1986, when the Faizabad district administration allowed Hindus to offer darshan alone. They were not allowed to perform any other ritual.
History of Babri Masjid - 4 law suits filed
1) In 1950, Gopal Singh Visharad of the Hindu Maha Sabha filed a title suit claiming he had the right to worship at the dispute site.
2) In 1950 only, Paramahansa Ramachandra Das also filed a suit for continuation of worship and keeping the idols.
3) In 1959, the Nirmohi Akhara (a Hindu denomination worshipping Lord Ram that advocates celibacy and asceticism) filed a suit claiming title to the disputed structure.
4) In 1981, another suit was filed claiming title to the disputed structure by the Uttar Pradesh Sunni Central Wakf Board.
** Note: Feb 1, 1986: Local court orders the government to open the site for Hindu worshipers.
1989 Allahabad High Court order
In 1989 itself, the Allahabad High Court transferred all the 4 suits from civil courts to itself to be heard together.
The High Court also ordered the maintenance of status quo with respect to the disputed structure.
History of Babri Masjid - 90s Story
1) While trial proceeding was going on, the Sangh Parivar accelerated its campaign for a Ram temple.
2) Viswa Hindu Parishad (VHP) which is an arm of Sangh Parivar, started laying the foundations of a Ram temple adjacent to the disputed site.
3) In 1991, Bharatiya Janata Party came to power in Uttar Pradesh with Kalyan Singh becoming the Chief Minister.
4) Demand for a Ram Mandir in Ayodhya was strengthened with the Sangh Parivar calling ‘kar sevaks’ or volunteers to build the temple.
5) On December 6, 1992, ‘kar sevaks,’ razed the Babri Masjid structure down, triggering widespread riots across the Indian subcontinent.
6) Uttar Pradesh government was dismissed.
History of Babri Masjid – Ayodhya Acquisition Act, 1993
In 1993, the Union government decided to acquire the disputed area and its adjacent areas through the “Acquisition of Certain Area at Ayodhya Ordinance”, which subsequently became an Act.
A total of approx 68 acres of land — including the part where the Babri Masjid once stood (2.77 acres) and the land adjoining the disputed structure — was acquired and would be made available to 2 Trusts for construction of a temple and a mosque respectively.
A trust named ‘Ramjanmabhoomi Nyas’ was formed by the VHP and other like-minded parties with the aim to construct Ram temple in Ayodhya. They also built Karsevakpuram on the outskirts of Ayodhya to facilate the building of the temple.
Ismail Faruqui moved to Supreme Court to appeal against Ayodhya Land Acquisition Act, 1993.
Supreme Court upheld the law (Ayodhya Acquisition Act, 1993 is valid)
Court observed that namaz could be offered anywhere and a mosque was not an essential part of the practice of Islam.
In 2003, Mohd. Aslam or Bhure Case approached the Supreme Court seeking certain relief in the Ayodhya Act.
Supreme Court ordered “no religious activity of any kind by anyone either symbolic or actual including bhumi puja or shila puja, shall be permitted or allowed to take place”.
History of Babri Masjid – Allahabad High Court verdict, 2010
2010: Allahabad High Court delivered its judgment on land title dispute on September 30, 2010.
With 2:1 majority judgment, the 3-member Bench declared parties representing Lord Ram, Nirmohi Akhara and Wakf Board were joint title-holders of the property.
Bench said that portion under the central dome where idol of Ram Lalla had been kept in a makeshift temple was the birthplace of Lord Rama “as per faith and belief of the Hindus”.
In 2010, Allahabad High court passed the judgement to split the ownership of disputed area into 3 equal parts:
A) Gave 2 parts to Hindus:
i) Ram Lalla gets area where Ram Idol was placed in 1949 in the inner courtyard (central dome where makeshift temple was created),
ii) Nirmohi Akhara gets Ram Chabutara, Bhandara (Store room) and Sita Rasoi in the Outer courtyard
B) Gave 1 part to Muslims (Sunni Waqf Board) - which included rest of inner courtyard area
All the 3 parties were unhappy with the verdict of Allahabad HC and they appealed to apex court seeking full control of the land.
In 2011: Supreme Court stayed the High Court verdict and constituted a 3-member Bench to hear the pleas.
Events taken place in 2019
1) Jan 8, 2019:
- SC sets up a 5-judge Constitution Bench to hear the case headed by Chief Justice Ranjan Gogoi.
2) Jan 29, 2019:
- Centre filed a writ petition asking the apex court to allow it to return the 67-acre acquired land around the disputed site to original owners.
- It identified Ram Janmabhoomi Nyas as one of the owners, which lost 42 acres of land.
- Nirmohi Akhara has alleged in the apex court that the Nyas was established on the basis of a ‘fraudulent deed’.
3) 8th March, 2019:
A 3-member Mediation Committee was formed comprising of:
i) Justice FMI Kallifulla - heading the Mediation Commitee,
ii) Sri Sri Ravi Shankar (spiritual leader),
iii) Sriram Panchu (senior advocate)
4) 1st Aug, 2019: Report Submitted by Mediation Committee
5) Aug 6, 2019: SC commences day-to-day hearing on the land dispute
6) Oct 16, 2019: SC concludes hearing; reserves order. (40 day hearing: 2nd longest in Indian History)
7) Verdict day: Nov 9, 2019:
- SC grants entire 2.77 acre of disputed land in Ayodhya to deity Ram Lalla
- Muslims compensated with 5 acres of land in Ayodhya to build Masjid
- Board of Trust to be created by Central Government
The final landmark verdict is given by constitutional Bench of 5 judges on 9th Nov, 2019, which includes:
i) Chief Justice Ranjan Gogoi (led the constitutional bench)
ii) S.A. Bobde,
iii) D.Y Chandrachud,
iv) Ashok Bhushan,
v) Abdul Nazeer
What is the Verdict of Supreme Court, 2019?
1) Unanimous judgment of 5-judges bench led by Chief Justice of India Ranjan Gogoi
2) 3 partition of the Ramjanmabhoomi by the Allahabad High Court defies logic.
3) Land allotted to RamJanmaBhumi Nyas (2.77 acre)- a temple must be constructed at the disputed site
4) Government to provide 5 acres of alternative land to Muslims at a prominent place in Ayodhya.
5) Board of Trust for management and construction of temple to be formed:
- Central government to formulate a scheme within 3 months under the Ayodhya Act, 1993.
- Scheme will have a Trust for management and construction of temple.
- Both the inner courtyard and the outer courtyard will be handed over to this Trust.
- Centre will give the rest of the land to the Trust.
- Nirmohi Akhara is not a Shabait, the custodian of the deity. It was only of management
Verdict of Supreme Court 2019 – ASI Report
a) In 2002, Allahabad High Court directed the Archaeological Survey of India (ASI) to conduct excavations at the disputed site.
b) In August 2003, the ASI submitted the report stating that remains of a large structure existed before the Babri Masjid. However, the report was disputed.
c) Constitutional Bench says that as per ASI report:
- Underlying structure in the disputed site was not of Islamic origin
- Mosque was not built on a vacant land, as claimed by the Muslim parties
- ASI report does not support whether the temple was demolished
Verdict of Supreme Court 2019 - Evidences from Travelogues and gazetteers
a) Travelogues and gazetteers clearly shows that Hindus believed Ram was born in the disputed site
b) Evidence that Ram Chabutra and Sita Rasoi was worshipped by the Hindus even before the British came. However, travelogues and gazetteers cannot be the basis of adjudication of title
c) Mosque was neither abandoned nor seceded by the Muslims
d) Muslims could not prove exclusive possession of the property.
Verdict of Supreme Court 2019 – Dispute between Shia and Sunni Waqf Boards
Both of them claimed the Babri masjid that once stood in the disputed site belonged to them.
a) According to U.P. Muslim Waqf Act,1936 which was enacted by United Provinces government, registered Waqf no. 26 Faizabad (Babri Masjid and its adjacent graveyard) with the UP Sunni Central Board of Waqfs.
b) Shia objected it and claimed the site saying Mir Baqi was a Shia.
c) Shia Board was even ready to give up the land to the Hindus in lieu of another place, but the Sunnis were opposed to it.
In 2010, Allahabad High Court had award one-third of the land to the Sunni Wakf Board.
In a unanimous decision of 5-judges bench led by Ranjan Gogoi, Shia petition has been dismissed.
Other Verdicts of Supreme Court 2019
a) RamJanmaBhoomi is not a legal personality and deity is a juridical person.
b) Damage caused to Babri Masjid in 1934 and the desecration in 1949 violates the rule of law.
c) Demolition of mosque in 1992 is condemnable was a violation of law
So, this is whole story of Ayodhya Land Title dispute which has finally come to an end.
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