The Supreme Court made some observations while ordering a 5-acre plot to the Muslims for a mosque. Here are key points made by the 5-judge bench:
Putting an end to a centuries-old dispute that has divided the Indian politics since its independence, the Supreme Court on Saturday delivered a historic judgment in the Ayodhya title suit case, paving way for construction of a Ram temple at the disputed site by a trust.
In a unanimous 5-0 judgement, the five-judge bench of the apex court headed by Chief Justice of India Ranjan Gogoi said it is not concerned with faith and belief and treated the case as a title dispute over land between three parties -- the Sunni Muslim Waqf Board, the Nirmohi Akhara and Ram Lalla Virajman.
The verdict was pronounced on 14 appeals filed in the apex court against the 2010 Allahabad High Court judgment that divided the 2.77-acre land in Ayodhya equally between three parties.
The judgment was delivered at the end of a marathon 40-day hearing which was concluded on October 16. The apex court bench also comprised Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S Abdul Nazeer.
The court also ruled that an alternative five-acre plot must be allotted to the Sunni Central Waqf Board for construction of a mosque in Ayodhya. While ordering this, the top court said the destruction of the 16th century Babri Mosque was a wrong that "must be remedied."
The Supreme Court made some observations while ordering a 5-acre plot to the Muslims for a mosque. Here are key points made by the 5-judge bench:
1. 'Mosque was desecrated by installation of Hindu idols in Dec 1949'
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"The exclusion of the Muslims from worship and possession took place on the intervening night between 22/23 December 1949 when the mosque was desecrated by the installation of Hindu idols. The ouster of the Muslims on that occasion was not through any lawful authority but through an act which was calculated to deprive them of their place of worship."
(Photo: AFP)
2. 'Calculated act of destroying a place of public worship'
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"During the pendency of the suits, the entire structure of the mosque was brought down in a calculated act of destroying a place of public worship. The Muslims have been wrongly deprived of a mosque which had been constructed well over 450 years ago."
(Photo: File)
3. '3-way bifurcation by Allahabad HC legally unsustainable'
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"We have already concluded that the three-way bifurcation by the High Court was legally unsustainable. Even as a matter of maintaining public peace and tranquillity, the solution which commended itself to the High Court is not feasible. The disputed site admeasures all of 1500 square yards. Dividing the land will not subserve the interest of either of the parties or secure a lasting sense of peace and tranquillity. Tolerance and mutual co-existnce nourish the secular commitment of our nation and its people."
(Photo: File)
4. 'Muslims were dispossessed of the mosque'
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"The allotment of land to the Muslims is necessary because though on a balance of probabilities, the evidence PART P 923 in respect of the possessory claim of the Hindus to the composite whole of the disputed property stands on a better footing than the evidence adduced by the Muslims, the Muslims were dispossessed upon the desecration of the mosque on 22/23 December 1949 which was ultimately destroyed on 6 December 1992. There was no abandonment of the mosque by the Muslims."
(Photo: AFP)
5. 'Wrong committed must be remedied'
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"This Court in the exercise of its powers under Article 142 of the Constitution must ensure that a wrong committed must be remedied. Justice would not prevail if the Court were to overlook the entitlement of the Muslims who have been deprived of the structure of the mosque through means which should not have been employed in a secular nation committed to the rule of law. The Constitution postulates the equality of all faiths. Tolerance and mutual co-existence nourish the secular commitment of our nation and its people."
(Photo: PTI)
6. 'Necessary to provide restitution to Muslim community'
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"The area of the composite site admeasures about 1500 square yards. While determining the area of land to be allotted, it is necessary to provide restitution to the Muslim community for the unlawful destruction of their place of worship. Having weighed the nature of the relief which should be granted to the Muslims, we direct that land admeasuring 5 acres be allotted to the Sunni Central Waqf Board either by the Central Government out of the acquired land or by the Government of Uttar Pradesh within the city of Ayodhya."
(Photo: AFP)
