AYODHYA VERDICT -- AN ESSAY FOR IBPS PO MAINS
Ayodhya
verdict
verdict
Context: A bench led by CJI Ranjan Gogoi
delivered the Ayodhya verdict alongside CJI designate S.A. Bobde,
and Justices D.Y. Chandrachud, Ashok Bhushan and S.A. Nazeer. The verdict
was unanimous.
delivered the Ayodhya verdict alongside CJI designate S.A. Bobde,
and Justices D.Y. Chandrachud, Ashok Bhushan and S.A. Nazeer. The verdict
was unanimous.
What was the issue?
At the centre of the issue is the belief
among sections of Hindus that the Babri Masjid, named
after Mughal emperor Babur, was built in Ayodhya after
destroying a Ram Temple that marked the birthplace of the deity.
among sections of Hindus that the Babri Masjid, named
after Mughal emperor Babur, was built in Ayodhya after
destroying a Ram Temple that marked the birthplace of the deity.
The Hindu parties wanted the land to
themselves, contending that Lord Ram was born at a spot on which later the
central dome of the mosque was built. The Muslim parties, however,
contended that the mosque was constructed in 1528 by Mir Baqi, a
commander of Babur’s army, without demolishing any place of
worship and since the land rights had not been transferred to any other
party, the space was rightfully theirs.
themselves, contending that Lord Ram was born at a spot on which later the
central dome of the mosque was built. The Muslim parties, however,
contended that the mosque was constructed in 1528 by Mir Baqi, a
commander of Babur’s army, without demolishing any place of
worship and since the land rights had not been transferred to any other
party, the space was rightfully theirs.
The
verdict:
verdict:
1.
The Hindus would get the entire
disputed 2.77 acres in Ayodhya where the demolished Babri Masjid once stood.
The Hindus would get the entire
disputed 2.77 acres in Ayodhya where the demolished Babri Masjid once stood.
2.
Possession of disputed 2.77 acre land
will remain with Central government receiver.
Possession of disputed 2.77 acre land
will remain with Central government receiver.
3.
The Muslims will get alternate five
acres of land either in the surplus 67 acres acquired in and around the
disputed structure by the central government or any other “prominent” place.
The Muslims will get alternate five
acres of land either in the surplus 67 acres acquired in and around the
disputed structure by the central government or any other “prominent” place.
4.
A trust will be formed in 3 months to
build a temple on the disputed land. The court held that the Nirmohi Akhara is
not the shebait or devotee of the deity Ram Lalla but will get to be a member
of the Trust.
A trust will be formed in 3 months to
build a temple on the disputed land. The court held that the Nirmohi Akhara is
not the shebait or devotee of the deity Ram Lalla but will get to be a member
of the Trust.
What
is Article 142, invoked by SC to give land for a mosque?
is Article 142, invoked by SC to give land for a mosque?
The Supreme Court, implicitly referring to the
demolition of the Babri Masjid at the disputed site, said that it was invoking
Article 142 “to ensure that a wrong committed must be remedied”.
demolition of the Babri Masjid at the disputed site, said that it was invoking
Article 142 “to ensure that a wrong committed must be remedied”.
Article 142(1) states that “The Supreme Court in the exercise of its
jurisdiction may pass such decree or make such order as is necessary for doing
complete justice in any cause or matter pending before it, and any decree so
passed or order so made shall be enforceable throughout the territory of India
in such manner as may be prescribed by or under any law made by Parliament and,
until provision in that behalf is so made, in such manner as the President may
by order prescribe”.
jurisdiction may pass such decree or make such order as is necessary for doing
complete justice in any cause or matter pending before it, and any decree so
passed or order so made shall be enforceable throughout the territory of India
in such manner as may be prescribed by or under any law made by Parliament and,
until provision in that behalf is so made, in such manner as the President may
by order prescribe”.
Who are the travellers quoted in
Ayodhya judgment?
Ayodhya judgment?
In its judgment, the Supreme Court relied in part
on centuries-old travelogues, gazetteers and books to provide an account of the
faith and belief that the Hindus placed in the Janmasthan.
on centuries-old travelogues, gazetteers and books to provide an account of the
faith and belief that the Hindus placed in the Janmasthan.
What
is adverse possession, the Muslim claim SC rejected?
is adverse possession, the Muslim claim SC rejected?
One of the questions before the Supreme Court was
whether the Sunni Wakf Board had acquired the title of the disputed land
by adverse possession.
whether the Sunni Wakf Board had acquired the title of the disputed land
by adverse possession.
Adverse possession is hostile possession of a property – which has to
be continuous, uninterrupted and peaceful.
be continuous, uninterrupted and peaceful.
The Muslim side had claimed that the
mosque was built 400 years ago by Babar – and that even if it is
assumed that it was built on the land where a temple earlier existed, Muslims,
by virtue of their long exclusive and continuous possession – beginning from
the time the mosque was built, and up to the time the mosque was desecrated –
they had perfected their title by adverse possession. This argument has now been
rejected by the Supreme Court.
mosque was built 400 years ago by Babar – and that even if it is
assumed that it was built on the land where a temple earlier existed, Muslims,
by virtue of their long exclusive and continuous possession – beginning from
the time the mosque was built, and up to the time the mosque was desecrated –
they had perfected their title by adverse possession. This argument has now been
rejected by the Supreme Court.
Sources:
the Hindu.
the Hindu.
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