CASE ANALYSIS “M. SIDDIQ (D) Thr. Lrs vs MAHANT SURESH DAS & Ors”-Civil App Nos 10866-10867 of 2010

Introduction

India’s longest run case which involved social, religious, historical and political debate in India was the case of “M. Siddiq (D) Thr. Lrs Vs Mahant Suresh Das & Ors” which is famously known as “Ayodhya Dispute case” which passed its verdict on 9th November, 2019.

Fact of the Case

City of Ayodhya cohabits with Hindus and Muslims where, the former claims the city to be the birthplace of Lord Rama while the latter claims it to be the city where Babri Masjid was built by 1st Mughal Emperor Babur in 1528.

On 30th November, 1858, an FIR was filed by Mohd. Salim against a group of Nihang Sikhs who wrote the name ‘RAM’ inside Babri Masjid and also performed puja and havan. Sheetal Dubey, the Thanedar of Avadh, in his report on 1st December 1858 verified the complaint and mentioned that a platform/Chabutra was constructed by Sikhs which became the 1st documentary evidence stating the presence of the Hindus in the outer and the inner courtyard.

The legal fight began in the year 1885, when Mahanth Raghubar Das filed Suit No. 61/280 against Secretary of State of India in civil court of Faizabad where Das claimed he was a mahanth and was located at Chabutra, outside the courtyard and that he should be given permission to construct the temple there, which was dismissed. In 1886, Civil Appeal No. 27 was filed against the above case for which the District Judge of Faizabad intended to visit the place before passing the order and the court later on dismissed the appeal which later on lead to the 2nd Appeal No. 122 which was also dismissed.

In 1850, 1st religious violence occurred over a mosque nearby Hanuman Garhi leading to attack on Babri Masjid by the Hindus where Hindus claimed Babri masjid being built by breaking down a Hindu temple which was refused by Colonial Government. A Hindu Mahasabha named ‘Akhil Bhartiya Ramayana Mahasabha’ (ABRM), on 22nd December 1949 organized a 9-day recitation of Ramcharitnamas where, at the end resulted in the Hindu activists breaking into the mosque and discovering idols of Rama and Sita. The Sunni Waqf Board and the ABRM filed a civil suit claiming religious rights. The legal battle commenced in 1950 with Mr. Gopal Singh Visharad filing a petition who was Ayodhya secretary of Hindu Mahasabha and was denied entry. In 1959, Mr. Nirmohi Akhara filed another compliant claiming the land’s possession which continued with Sunni central Waqf Council filing counter-request in 1961. In September 2010, the Allahabad High Court passing the judgement, divided the Ayodhya title into 3 parts equally, where 1st part was given to Nirmohi Akhara, 2nd part to Lord Ram, represented by Triboki Nath Pandey and the 3rd part to Sunni Waqf Board for which all parties appealed to the Supreme Court in 2011 against the judgement of the Allahabad High Court.

Key Legal Issues:

• Whether the Hindu temple was demolished or modified to construct the Babri Masjid?

• Is Allahabad High Court judgement on dividing the Ayodhya land title between the Sunni Waqf Board, Nirmohi Akshara and Ram Lalla valid?

• Is Ram Janmabhoomi a juristic entity, independent of presence of idols? If so, is it immense from possession claims as a juristic entity?

Written Submissions of the Parties

• Nirmohi Akhara – His submissions was regarding seeking of the authorization to build the Ram temple and appointing Nirmohi Akhara as the authorized manager of the premises. Nirmohi Akhara also pleaded the Muslim parties to surrender their share in the disputed land to the Hindu parties on a long-term lease and to provide the land to the Hindu party.

• Ram Lalla Virajman – In his submissions, he sought to the court to give the whole land to Lord Ram and not to either Nirmohi Akhara nor the Muslim parties.

• Ram Janmabhoomi Punar Sudhar Samiti – The Samiti submitted in writing that in the disputed land, only Ram temple should be built and also submitted that a trust has to be formed for the management of the Ram temple.

• Gopal Singh Visharad – In his written submission, he states that the rituals performed in the temple was conducted by his ancestors for centuries, so, it is his constitutional right, to offer prayers, continuing his ancestor’s legacy, to Lord Ram.

• Sunni Waqf Board – The Board submits in writing seeking to obtain a remedy according to the Commission Counsel Rajeev Dhawan who had requested before the Allahabad High Court to regain the Babri Masjid before it was destroyed on 6th December 1992.

• Hindu Mahasabha – The Mahasabha sought before the Supreme Court to form a trust to look into the management of the temple.

• Shia Waqf Board – During the hearing before the Allahabad High Court, they pleaded the Muslim parties to give up the land in dispute and to hand it to the Hindu parties as the Shia Board submitted that the lawful owner of the land is the Shia Board and not the Sunni Board and that it should be given to the Hindus.
  

Judgement

In October 2019, the 5 Judge Supreme Court Bench heard the case and on 9th November, 2019, the final verdict was rendered which quashed the previous records and stated that, as per the tax records, the disputed land belonged to the Government and the bench further ordered to form a trust and to construct the Hindu temple which is the Ram temple, on the entire 1500 square yards (2.77 acres) of land. The court also ordered the Government to donate another 5 acres of land to the Sunni Waqf Board for building a mosque. The Supreme Court stated that Nirmohi Akhara is the third party to the disputed land and rejected his plea. The Supreme Court ordered the Union Government to create a trust in 3 months’ time for the construction of Ram Mandir and also stated that the structure below the Ayodhya is not an Islamic structure. The Supreme Court declared the 1992’s demolition of the 16th century Babri Masjid as violation of law.

Conclusion

This case is the longest run case in the history which was resolved in the year 2019. The Supreme Court, in the judgement tried approaching the issue in a harmonious way establishing a balance between both the religions.

The Hon’ble Prime Minister Narendra Modi, on 5th February 2020 announced a 15-member trust for the Ram Mandir for Ayodhya in the Parliament. On 5th August 2020, Prime Minister conducted ‘Bhumi Pujan’ at Ayodhya for the initiation of the temple construction by laying the foundation stone.

Endnotes:

• www.indiankanoon.com

• www.blog.ipleaders.in

• www.SCobserver.in

• www.economictime.indiatimes.com

• Civil Appeal Nos: 10866-10867 of 2010; 4768-4771 of 2011; 2636 of 2011; 821 of 2011; 4739 of 2011; 4905-4908 of 2011; 2215 of 2011; 4740 of 2011; 2894 of 2011; 6965 of 2011; 4192 of 2011; 5498 of 2011; 7226 of 2011; 8096 of 2011.

• “M. Siddiq (D) Thr. Lrs Vs Mahant Suresh Das & Ors”.

~Authored by Sushmitha K.