Ayodhya hearing from August 6

The Supreme Court will begin on August 6 day-to-day hearing to determine whether the Ram Janmabhoomi-Babri Masjid disputed site in Ayodhya was once the birthplace of Lord Ram with a pre-existing temple or if Mughal Emperor Babar built a mosque on virgin territory in 1528.

A five-judge bench headed by Chief Justice Ranjan Gogoi took this decision after learning that mediation efforts over the title suit had failed to arrive at a settlement between the Hindu and Muslim sides. Mediation, ordered on March 8, was attempted in Faizabad of Uttar Pradesh by former Supreme Court judge Justice FM Ibrahim Kalifulla, spiritual guru Sri Sri Ravi Shankar and senior advocate Sriram Panchu.

Taking the Mediation Committee's report on record, the bench, also comprising Justices SA Bobde, DY Chandrachud, Ashok Bhushan, and S Abdul Nazeer, chose to start the hearing next week. The matter needs to be decided before November 17, when CJI is due to retire.
The bench directed the lawyers appearing in appeals arising from Suit No. 3 (filed by Nirmohi Akhara) and Suit No. 5 (by Bhagwan Sri Ramlala Virajman) to argue first. This is significant since the Hindu side will open the arguments to establish its case that a temple existed at the disputed site prior to a mosque.

The pleadings and evidence to be relied in the two suits shall be shared with the SC in advance to ensure no time is lost in keeping the matter ready for the five judges. Senior advocate Rajeev Dhavan, who represented a Muslim party to the suit, said he would require 20 days. The bench assured that it would hear all parties in each suit.

The case stems from five suits, the first filed in January 1950 by Gopal Singh Visharad. The second suit was filed by Paramhans Ramchandra Das the same year but was later withdrawn. The Sunni Central Wakf Board moved the court in 1961 that is Suit No. 4. These suits were decided together by the Allahabad High Court on September 30, 2010, directing the equal distribution of the 2.77-acre contested land between Bhagwan Ram Virajman, Nirmohi Akhara and Sunni Central Wakf Board. A total of 14 appeals were filed in the Supreme Court challenging this decision.

Between 2010 to the present day, the SC first allowed the parties to the case to get documents translated as the evidence relied upon by the Allahabad HC was in various languages. After this exercise was done, both sides doubted the veracity and genuineness of the translated versions, prompting the top court to get the exercise redone by engaging official translators drawn from the Supreme Court and government departments.

Meanwhile, the Muslim side wanted the matter to go before a Constitution bench relying on a 1994 decision by a 5-judge bench in Ismail Farooqui case which held that mosque is not essential to Islam and Muslims can offer prayers even in the open. On September 27, 2018, a three-judge bench declined this prayer. In October 2018, soon after CJI Gogoi took over the case, he formed a five-judge bench.