Babri Masjid case to be solved outside the court

Source: Google

In truth, neither side is keen on a judicial intervention, whatever they may say in public. The BJP said so when it raised the issue in its Palampur Resolution of June 11, 1989: “It just cannot be sorted out by a court of law. A court of law can settle issues of title, trespass, possession etc. But it just cannot adjudicate as to whether Babar did actually invade Ayodhya, destroy a temple and build a mosque in its place. .. The sentiments of the people must be respected and Ram Janmabhoomi handed over to the Hindus — if possible through a negotiated settlement, or else by legislation. Litigation certainly is no answer”.

One is at a loss to understand why the Supreme Court took up for hearing appeals in the highly-charged Babri Masjid case.

However, since 1950, both sides have pursued their cause in civil suits raising issues of law and fact; on title and adverse possession. Significantly, on June 11, 1989 itself, L. K. Advani said, “I am sure it will translate into votes” in the 1989 election.

Image: BJP Leaders while destroying the dome of the Mosque

Two precedents are apposite. On May 2, 1940 the Privy Council rightly rejected the Muslims’ claim to the Shaheedganj Mosque, though a deed of dedication of 1722 existed. But from 1762, the structure was occupied by the Sikhs. The Privy Council ruled, “It is impossible to read into the modern Limitation Acts any exception for property made waqf for the purposes of a mosque”. It held the scales evenly. “There has never been any doubt that the property of a Hindu religion’s endowment — including thakurbari — is subject to the law of limitation”. The Privy Council deprecated introduction of “expert advisers” and ancient texts.

A full bench of the Allahabad High Court went against these rulings. The president’s question rejected by the Supreme Court read: “Whether a Hindu temple or any Hindu religious structure existed prior to the construction of the Ram Janma Bhumi-Babri Masjid … in the area on which the structure stood?” (Ismail Faruqui & Ors. vs. Union of India & Ors. [1994] 6 SCC 360, page 385). Yet, the Allahabad High Court ordered the Archaeological Survey of India (ASI) on 5 March 2003 to answer: “Whether there was any temple/structure which was demolished and mosque was constructed on the disputed site?” On that single ground of defiance, the High Court’s judgments invite a clear rejection by the Supreme Court. The case can then proceed, if at all, strictly on the facts and the law.

Source: Google and News channel