First petitioner had produced about 20 affidavits from local Muslims who said there was a temple at the site
On the tenth day of the hearing, the Hindu side in the Ram Janmbhoomi-Babri Masjid title suit produced evidence given by local Muslims, back in 1954, that a temple was demolished for the mosque to be erected on the site in Ayodhya.
The Hindu side also gained a point due to a faux pas by Nirmohi Akhara. The beneficiary to the disputed site had submitted before the Allahabad High Court that it claimed only management rights as a trustee of the deity; however, it told the apex court on Thursday that it claimed title over the entire land.
The five-judge bench spotted the error and stopped Akhara counsel senior advocate Sushil Kumar Jain from continuing further. "How can we allow written submissions in the appeal which go against your pleaded case? You must make up your mind or else we will not hear you any further," said the bench comprising Chief Justice Ranjan Gogoi, Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S Abdul Nazeer.
Allahabad High Court had refused to accept the Akhara's claim over the entire land as its suit filed in 1959 was time-barred. However, it had agreed to hand them one-third portion of the land as they claimed rights to administer the property as shebait (agent of the deity).
What Stood Before Babri
|
| First petitioner had produced about 20 affidavits from local Muslims who said there was a temple at the site |
| Since the Muslim faction had not objected to these in HC, it can be inferred they accept it |
| The bench questioned their authenticity as the persons has not been cross-examined in the high court |
Senior advocate K Parasaran, representing deity Bhagwan Sri Ram Lala, was the first to spot this change of stand. "How can a trustee of deity be adverse to the deity," he asked, to which the bench responded, "How can the title of land belong to you, you are managing on behalf of deity?"
Earlier in the day, the apex court witnessed arguments from the first plaintiff in the case -- Gopal Singh Visharad, a Hindu worshipper who filed a suit in 1950 to be allowed to worship Lord Ram. He was aggrieved by the order of attachment and appointment of a receiver in December 1949 which violated his right to worship at Shri Ram Janmasthan.
Senior advocate Ranjit Kumar, appearing for Visharad's son Rajinder Singh, said that Visharad had attached affidavits by local Muslims as part of his suit documents. In these, the Muslims claimed that a temple at the Janmasthan was demolished to make way for the Babri Masjid.
The bench questioned the authenticity of these affidavits, as these persons were not cross-examined in the suit proceedings before the HC. But Kumar replied that none of the Muslim parties to the suit objected to the affidavits. Thus it could be inferred that what they said is acceptable to the other side. Kumar had presented 20 such affidavits before the Allahabad High Court.
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