Ayodhya Verdict: Disputed Site Goes To Hindus For Ram Temple, Muslims To Be Given Alternate Land For Mosque


Ayodhya Verdict: Disputed Site Goes To Hindus For Ram Temple, Muslims To Be Given Alternate Land For Mosque

In a unanimous decision, a five-judge bench of the Supreme Court ruled in favour of the Hindu parties in the Ayodhya Land Dispute. The disputed land will be handed over to a trust which will also have representation from the Nirmohi Akhara, the apex court said. It directed allotment of alternate land to the Muslims for construction of the mosque. That land must be at a suitable place in Ayodhya, the Chief Justice of India Ranjan Gogoi said as he read out the salient points of the judgment over 30 minutes.
The central government has been granted 3-4 months to formulate a scheme for setting up of the trust and hand over of disputed site for construction of temple. A suitable alternative plot of land measuring 5 acres at Ayodhya will be given to Sunni Waqf Board, the court further ordered.
The judgment was delivered by Chief Justice of India Ranjan Gogoi on behalf of the constitution bench comprising Justices Dhananjay Chandrachud, Ashok Bhushan, SA Bobde and SA Nazeer.

https://www.vikramsaroj.com/2019/11/ayodhya-verdict-disputed-site-goes-to.html
Gogoi began by emphasising that secularism is a key feature of India’s constitution and the court should preserve balance. Then over 30 minutes he highlighted these key points in the judgment...
The Babri Masjid was built by Mir Baki under the orders of Babur, the bench acknowledged. Referring to the report by the Archaeological Survey of India, it noted that the Babri mosque was not constructed on vacant land The ASI report shows existence of an underlying structure. The underlying structure was not of an Islamic origin. But ASI has not opined whether a temple was demolished for construction of a mosque.

Ayodhya Verdict: Disputed Site Goes To Hindus For Ram Temple, Muslims To Be Given Alternate Land For Mosque

The suit by Nirmohi Akhara, one of the three petitioners in this long-standing dispute, was barred by limitation. The Supreme Court ruled the Nirmohi Akhara is not a shebait (the management rights of the idol do not vest with it) as the acts of the Nirmohi Akhara did not satisfy the legal test of exclusive rights of management.
The court ruled that the suit by Ram Lalla, the other Hindu petitioner, is within limitation. While Ramjanmabhoomi (the birth place of Hindu deity Ram) is not a juristic person or a legal entity, but Ram Lalla, the child incarnation of the deity is a juristic person under Indian laws, the chief justice stated.

Ayodhya Verdict: Disputed Site Goes To Hindus For Ram Temple, Muslims To Be Given Alternate Land For Mosque


The suit by the Sunni Waqf Board was also held to be within laws of limitation. The mosque was not abandoned or seceded by the Muslims, the court noted but also stated that the claim by Muslims fails to be established as a composite whole. The disputed site is one composite whole, Gogoi said.

https://www.vikramsaroj.com/2019/11/ayodhya-verdict-disputed-site-goes-to.html
Commenting on the Allahabad High Court order of 2010, in which the three-judge bench ordered a three-way partition of the land, the Supreme Court said the high court adopted a path which was not open to it as it was not seized with a suit of partition.
On the balance of probabilities, there is evidence that worship of Hindus in outer courtyard continued continuously, Gogoi said. The evidence of the Hindus stands on a better footing than the Muslims. We direct allotment of alternate land for the Muslims for construction of mosque, he added.

Ayodhya Verdict: Disputed Site Goes To Hindus For Ram Temple, Muslims To Be Given Alternate Land For Mosque

The Supreme Court’s verdict marks the end of a 500-year-old religious dispute that has continued to divide the country over a plot of land 2.77 acres in size. To Hindus, it’s the revered birthplace of Lord Ram. To Muslims, it’s the site of a 16th century mosque that was razed in 1992.
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