Ayodhya Hearing : Key Arguments Made By Parties In SC

The key arguments made by the parties in the Ayodhya-Babri Masjid title dispute case are summarized below :Arguments by Ramlalla, Nirmohi Akhara etc.The main Hindu parties in the case were Ramlalla Virajman (the deity), Nirmohi Akhara and the legal representatives of Gopal Singh Visharad, a believer who filed a suit in 1950 seeking right of worship in the disputed land.The main points urged by Senior Advocates K Parasaran and C S Vaidyanathan on behalf of the deity are :The entire disputed area of 2.77 acres is the Janmasthan, the birthplace of Lord Ram.Janmasthan has a juridical personality of its own.It is the centuries old belief of millions of Hindus that Lord Ram's spirit resides in the Janmasthan. The faith of the devotees is itself the evidence that the Janmasthan is the birthplace of Lord Ram.There cannot be adverse possession against, or joint possession of Janmasthan, which by itself is a juridical personality. Janmasthan is indivisible.Claim of possession can be based on ancient custom, religious practices and beliefs.Idol is not necessary for conferring juristic personality. In Hindu belief, objects other than idols, such as sun, rivers, trees etc., are given divinity. Therefore, a land can be given divinity in Hindu faith.The Archaeological Survey of India report shows that the Masjid was built on a land over a massive structure which dated back to 2nd century BC.ASI report showed that there were images of humans and animals inside the structure. Islamic faith prohibits depiction of such images in a mosque. So Babri Masjid cannot be regarded as a mosque as per Islamic tenets.Babri Masjid cannot be regarded as a mosque built in accordance with the tenets of Islamic law, which prohibits construction of mosque by demolishing other structures.Ancient texts and scriptures refer to Ayodhya as the birthplace of Lord Ram. There is unshakeable faith of devotees that it is the Janmasthan. That by itself is the greatest evidence.Ayodhya, being the birthplace of Lord Ram, holds particular significance for Hindus. They believe that visiting the Janmasthan will help them attain moksha.Babri Masjid ceased to be a mosque as Muslims had ceased to offer namaz.The decree in 1855 suit does not operate as res judicata as the plaintiff Mahant Raghubar Das did not represent entire Hindus. Also, the claim in that suit was confined to the outer courtyard and chabuthara.The suit filed by Sunni Waqf Board in 1961 is time barred.Ayodhya-Babri Masjid Dispute: All You Need To Know About The Civil Suits During the course of hearing, the stand of Nirmohi Akhara -which claims to be manager of the deity's property - seemingly came in conflict with that of the deity.Akhara claimed to be the sole official 'shabait' of deity 'Ram Lalla Virajman' at the disputed site since time immemorial and had said that that it had been appointing 'priests' for worship there.Senior Advocate S K Jain, appearing for the Akhara, put forth a claim for exclusive possession of the entire property. The Akhara had been in possession of the property for long, and had filed the suit in 1959, thirty years before the suit filed on behalf of the deity, submitted Jain.But when the deity itself is a party, can the Akhara set up a claim against the deity, asked the bench. Akhara later clarified that it was not claiming the title right of the property, but was claiming the right to manage the property as a devotee. Senior Advocate P S Narasimha, appearing for Mahant Ramachandradas and Advocate P N Mishra, appearing for Sri Ramjanmabhumi Punarudhar Samiti, extensively referred to ancient scriptures to state that Ayodhya was referred as the Janmasthan centuries ago.Arguments by Sunni Waqf Board and other Muslim appellantsThe key arguments are :Mere belief of devotees cannot confer title over the disputed land. References in ancient scriptures will also not give title.Juristic personality cannot be ascribed to a thing, if there is no object of manifestation of belief, such as an idol. Therefore, a piece of land cannot be given juristic personality without an object of manifestation of belief.Hindus' claim is barred by res judicata as the suit filed by Mahant Raghubar Das in 1855 was dismissed.Hindus were worshiping only in the outer courtyard. The idols were placed under the central dome of the mosque only in December 1949.The claim of possession by Hindu parties is based on a wrongful act of trespass committed on December 23, 1949, when idols were placed inside the mosque. Right of possession cannot be based on trespass.It is not possible to assess the legality of Babur's acts after several centuries.Court cannot enter into theological examination of the legality of construction of Babri Masjid as per Islamic law.Legality of mosque construction should be based on historical facts and not theology.ASI report has several contradictions. It is only an opinion. It does not conclusively state that Masjid was built over a temple.In the 1950 suits, Hindus only claimed ...

Ayodhya Hearing : Key Arguments Made By Parties In SC

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