This Case Analysis is written by Mashish Saxena, a Third Year B.A LL.B (Hons.) Student at PES Modern Law College, Pune.
ABSTRACT
The events leading to the Bhoomi pujan ceremony for the Ram temple in Ayodhya had come one of the longest journeys — legally, culturally, religiously, and politically — in India’s history, before independence. Some important questions which had regularly been coming in our minds related to this event, which makes this Ayodhya dispute lengthy and complicated. The history of the case was nearly 500 years old which started in the year 1528.
This case analysis, includes the ownership rights on the land, the high court’s decision, a survey by archaeological survey of India, demands by the parties, and the final verdict given by the Supreme Court of India.
FACTS OF THE CASE
- 2.77 acres area of the disputed site.
- The number of SC sitting before the verdict is 40.
- 14 appeals filed in the SC against the 2010 Allahabad HC judgment to trifurcate the disputed land.
- The number of parties who fought the case in SC was 3:
- Nirmohi Akhara
- Sunni Waqf Board
- The deity Ram Lalla.
- The claim of Nirmohi Akhara as the “Shabait” of the deity was rejected.
- Shia Waqf board’s claim on ownership rejected.
- The disputed Ayodhya site is given to Ramjanmabhoomi Nyas.
- An alternate piece of land for Muslims was given.
- Ayodhya Trust to be set up.
- The Five-Judge who delivered the verdict was:
- CJI RANJAN GOGOI
- JUSTICE SA BOBDE
- JUSTICE ASHOK BHUSHAN
- JUSTICE DY CHANDRACHUD
- JUSTICE ABDUL NAZEER
TIMELINE OF EVENTS: BACKGROUND
Hindus and Muslims had a clash of opinions, however, a proper and unbiased timeline is as follows:
PRE-INDEPENDENCE:
In 1528 the commander of Babur, Mir Baqi, built Babri Masjid. In the 16th century, the Babri Masjid was built during the reign of the Mughal Emperor, Babur. It was locally believed that Babur’s Generals demolished the Ram temple that existed in that site before the Masjid was constructed. And because of this, the first riots happened between Hindus and Muslims between 1853 to 1859.
In 1859 the British government came around, they divided the area into two parts, the inside portion of the area is given to Muslims and the outside portion is given to Hindus.
In 1885 the matter for the first time went to court because Mahant Raghubir Das demanded to build the roof on the outer side for pooja and worship.
POST INDEPENDENCE:
On 23 December 1949, on the main part of the masjid Lord Ram’s statue was placed illegally at midnight and Hindus started to worship that part of the land as well. Which made the situation worse once again.
So, to control the situation the govt. of India closed the whole area, and put a complete ban over there.
After to uplift the ban several civil cases had been filed like:
In 1950 Mahant Ram Chandra das filed a case for the right to worship for Hindus.
In 1959 Nirmohi Akhara filed a case stating that the possession of that area should be handed to them.
In 1961 after two years – the Sunni Waqf board also filed a case, to give the ownership to them.
Aside from the cases being filed in the court, outside the court VISHWA HINDU PARISHAD(VHP) formed a committee for building Ram Mandir.
In 1986 the court of Faizabad held that Hindus were allowed to worship in that place.
After the decision, Muslims formed a committee for themselves- BABRI MASJID ACTION COMMITTEE.
In 1989 another case was filed named “Ram Lalla Virajman”- they also wanted the ownership right, whole possession of the land.
In 1990 minister Lal Krishna Advani started a rath yatra from Somnath Gujarat to Uttar Pradesh, which resulted at the beginning of riots all over. And for which he got arrested in Bihar.
In 1991 to stop the tense situation and riots, the Kalyan Singh government of Uttar Pradesh went around and took the land under their control.
In 1992 The Masjid was unlawfully demolished by the Kar Sevaks in December 1992, on 6th December, and on the same place a temporary ram mandir was built. The incident resulted in riots all around the country. This part of the timeline piqued the interest in the conflicted property.
In 1992, 16 December, Liberhan Committee was appointed to look into the matter on the demolition.
LIBERHAN COMMISSION
The Justice M S Liberhan Commission of inquiry was appointed within two weeks of the demolition and was asked to submit a report within three months. The Commission availed 48 extensions and finally submitted its 10,000-page report on January 30, 2009.
In 2002 BJP government in the center, PM Shri Atal Bihari Vajpayee started AYODHYA VIBHAG for resolution between Hindus and Muslims.
In April 2002, for ownership of land 3 judge bench is constituted in Allahabad court, the judges were:
Justice Sudhir Agarwal, Justice S U Khan, and Justice D V Sharma.
The sacred seat requested that the ASI research that land and present a report.
In the report by ASI, it asserts that they discovered proof of mandir under the outside of the masjid, in the twelfth century. so as indicated by their timetable in the twelfth century, there was just a sanctuary there around then.
JUDGEMENT:
The Lucknow Bench of Allahabad Hig Court, on 30th Sep 2010 held that the area was divided into 3 parts:
- Ram Murti was given to Ram Lalla Virajman
- Seeta Rasoi, Bhandara, and Ram Chabutra were given to Nirmohi Akhara.
- And the rest was given to Sunni Waqf Board.
But, on 9 May 2011, the supreme court had put a stay on the decision of the Allahabad court.
FEBRUARY 2016
Subramanian Swamy filed a case for the nirmaan of ram mandir in SC and in march 2017 the chief justice of SC justice JS khehar advised to solve the case outside the court by discussion.
Till December 2017, there were 32 appeals against the decision of the Allahabad court were filed.
For the case a 5 judge constitutional bench was formed which includes, Justice Ranjan Gogoi, Justice Sharad Arvind Bobde, Justice D.Y. Chandrachud, Justice Ashok Bhushan, and Justice Abdul Nazeer.
MEDIATION PANEL
8th march 2019, SC told to settle the matter by a mediation panel regulated by the court.
The hearing in SC court had gone for 40 days.
SC reserved its judgment after the hearing and told parties to submit moldings of relief.
ISSUES OF THE 3 PARTIES:
- Nirmohi Akhara – Sushil Kumar Jain – wants the possession of the inner courtyard.
- Sunni Waqf Board – Rajiv Dhavan – wants an inner courtyard and reconstruction.
- Ram Lalla Virajman – CS Vaidyanathan – ram temple had always existed. according to the ASI report.
After the proper hearing and taking evidence from all around SC said that on the decision of Allahabad high court that it was an unsustainable decision. Because that relief was not asked by either party.
FINAL JUDGEMENT:
On 9 November 2019, SC using its power of the constitution’s article 142, granted the entire 2.77 acres of disputed land in Ayodhya to deity Ram Lalla, possession of land will remain with the Central government receiver. SC also directed the Centre and UP govt to allot 5-acre land to the Muslims at a prominent place for building a mosque. The 2019 judgment laid the foundation for the Bhoomi Pujan function.
FEBRUARY 5, 2020
The Union Cabinet approved the setting up of the Trust, with the Prime Minister announcing the Lok Sabha. The Trust, named Shri Ram Janmabhoomi Tirtha Kshetra, is to take decisions independently on the construction of the Ram temple and related issues. It had been handed over the whole 67.703 acres acquired “to maintain the sanctity of Ayodhya and for the construction of the temple, keeping in mind the needs of crores of devotees,” Modi said.
VHP leader Champat Rai, General Secretary of the Trust, announced that there would be no change to the Ram Temple from the model suggested by the VHP 30 years ago.
The prayers and the ceremony started with the worship of Lord Hanuman’s mark in Ayodhya.
AUGUST 5, 2020
Prime Minister Narendra Modi performed the ‘Bhoomi Pujan’ of a Supreme Court-mandated Ram temple in Ayodhya, bringing to fruition the BJP’s ‘mandir’ movement that defined its politics for three decades and took it to the heights of power.