Residents light candles and earthen lamps outside their homes as they celebrate the Indian Supreme court’s verdict on the disputed religious site awarded to Hindus, in Ayodhya on Saturday. SANJAY KANOJIA/AFP
The 134-year-old politically sensitive Ram Janmbhoomi-Babri Masjid land dispute in Ayodhya has been finally put to rest with the Indian Supreme Court pronouncing a rather balanced verdict in the title suit on Saturday.
In a landmark judgement, a five-judge bench headed by Chief Justice Ranjan Gogoi ruled that the disputed 2.77-acre (1.12ha) site will be taken over by a government trust for the construction of a temple, while a suitable five-acre alternative plot of land at a prominent site in Ayodhya will be given to the Sunni Wakf Board.
The Supreme Court has asked the centre to set up the board of trustees within three months, after which the disputed land will be handed over to the trust.
Announcing five-acre land in Ayodhya for the Sunni Wakf Board, the Supreme Court observed, “Muslims should not be deprived of a structure. They will get an alternative site for masjid”.
Pronouncing a “unanimous” judgement, the Supreme Court said: “The law must stand apart over politics, religion and beliefs.”
As a secular institution, the court should uphold all beliefs and religions, it added.
The judgement weighed heavily on an Archaeological Survey of India (ASI) report. The body’s credentials are beyond doubt and its findings cannot be ignored, the Chief Justice said.
The Supreme Court observed that there was adequate material in the ASI report to conclude that the Babri Masjid was not constructed on vacant land and that there was a structure underlying the disputed structure.
The top court further said that there was no evidence that Muslims had abandoned the mosque.
“Hindus always believed that the birthplace of Lord Ram was in the inner courtyard of the mosque. It is clearly established that Muslims offered prayers inside the inner courtyard and Hindus offered prayers in the outer courtyard,” it said.
The five-judge bench delivering the verdict said the possession of land rights to the disputed 2.77-acre site will be handed over to the deity Ram Lalla, who is one of the three litigants in the case. Possession, however, will remain with a central government receiver.
The court said the title to the land could only be decided on legal advice.
The top court ruled that the Allahabad High Court verdict of 2010, giving land to the Sunni Waqf Board and Nirmohi Akhara, was wrong.
It rejected the claim of Nirmohi Akhara of being a “shebait” (a devotee who serves the deity).
The Supreme Court, however, said that in the board of trustees, appropriate representation should be accorded to Nirmohi Akhara, even though its suit was dismissed.
Lawyers representing the Hindu groups have hailed the verdict as a “historic” one.
“It is a historic judgement. With this judgement, the Supreme Court has given the message of unity in diversity,” lawyer of Hindu Mahasabha Varun Kumar Sinha said.
However, Sunni Waqf Board lawyer Zafaryab Jilani said that while they respected the judgement, they were not satisfied.
“We respect the judgement but we are not satisfied, we will decide the further course of action,” he said.
He further asked Muslim groups to not hold any kind of demonstration anywhere.
The All India Muslim Personal Law Board said it will file a review petition if its committee agreed. “It is our right and it is in Supreme Court’s rules as well,” Jilani said.
The Nirmohi Akhara said it was grateful that the court has recognised its 150-year fight and given it adequate representation in the trust to be set up by the central government to build and manage the Shri Ram Janmasthan Temple.
The five-judge bench had reserved judgement on October 16, after a marathon 40-day hearing on the matter, which began on August 6.
The case is the second longest to be heard by India’s Supreme Court.
The court began the daily hearing after the court-appointed mediation panel, which was headed by former Supreme Court Justice FMI Kalifulla and comprised spiritual guru Sri Sri Ravi Shankar along with senior advocate Sriram Panchu, failed to find consensus among the parties to arrive at an amicable solution.
The Allahabad High Court in 2010 had equally partitioned the disputed 2.77 acres of land between Ram Lalla Virajman, Nirmohi Akhara and the Sunni Waqf Board. A total of 14 appeals were filed at the top court in four civil suits.
THE STATESMAN (INDIA)/ASIA NEWS NETWORK
