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DNA Exclusive: Ex-judge asks Muslims to give up Babri, wants govt to fund mosque in vicinity

The suggestion could have a bearing on the ongoing mediation being held between the Hindu and Muslim parties to the Ayodhya title suit case as one of the mediators, Sri Sri Ravi Shankar, has acknowledged it in his reply to a mail sent by the former judge.

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Muslims should give up their claim over the disputed Ram Janmabhoomi-Babri Masjid site and agree to an alternate site for getting a mosque constructed at government expense, said former Kerala High Court judge PK Shamsuddin in an exclusive interview to DNA.

The suggestion could have a bearing on the ongoing mediation being held between the Hindu and Muslim parties to the Ayodhya title suit case as one of the mediators, Sri Sri Ravi Shankar, has acknowledged it in his reply to a mail sent by the former judge.

This is not a one-way deal, said Justice (Retd) Shamsuddin. Simultaneously, the Hindus must give up their claim over any mosque or Muslim religious property in the country to ensure lasting peace and communal harmony.

The former judge said, "Last week, I mailed my suggestion to Sri Sri Ravi Shankar as well as senior advocate Sriram Panchu. I tried sending my suggestion to chairman of the mediation panel, Justice FM Ibrahim Kalifulla, but could not locate his email. However, I have received a reply from Sri Sri Ravi Shankar stating that he has noted the contents of my mail."

According to the former judge, "Even if the Sunni Central Wakf Board wins in its claim over the disputed land, it may not be practical to build a mosque as there exists a temporary structure used as a temple. It is for this reason I propose a four-point formula."

He proposes Muslims to give up their claim to the disputed site and Hindus to take back their claim over other mosques or properties of mosques in India. Muslims should be allotted land near the disputed site.

And lastly, a compromise deed should be signed between the two parties.

The former judge claims his suggestion has the backing of several other Muslim scholars. His view is supported by Zafarul-Islam Khan, the chairman of Delhi Minorities Commission, as well. Justice Shamsuddin quoted from the Muslim texts to show that peace should be the goal of all Muslims as evident from the Hudaibiya Treaty by which Prophet Mohammad brought peace to a dispute between Muslims and Quraysh clan.

However, not all Muslim scholars favour this move. Syed Shahbuddin, the former chairman of All India Muslim Majlis-e-Mushawarat who was privy to the suggestion by Justice Shamsuddin, wrote a few years ago that the mosque site belongs to Wakf and hence it cannot be shifted to any other place.

Shamsuddin offered a counter-argument. He said the mosque is not in existence at the site since December 6, 1992 and what stands there is a temporary structure used as a temple. He cited historical evidence to prove that in the Middle East, mosques have been shifted from their original locations.

Ultimately, he said, "This proposal must be acceptable to Muslims and Hindus in order to have peace in the country. Doing so will only further the interest of the Muslim community."

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