The Supreme Court Announced its Final Verdict On the Ayodhya Case- Here Is What You Need To Know
The Supreme Court has finally announced the much-awaited verdict in the Ayodhya Ram Mandir- Babri Masjid dispute. The SC gave disputed land to Ram Lalla and ordered the government to allot a five-acre plot to Muslims at some other place so that they can construct a new mosque.
The five-judge Constitution bench led by Ranjan Gogoi- Chief Justice of India decided to give the disputed land to Hindus and ordered the Centre to form a trust to look into the site management. The other justices of the bench are SA Bobde, Ashok Bhushan, S Abdul Nazeer, and DY Chandrachud.
Parties involved in the case
There are three parties involved in this case and each of them has presented a different demand to the court.
Nirmohi Akhara– A religious denomination that was in the favour of constructing a Ram Temple on the disputed land and has appealed the court to give it the management rights of the premises.
Ram Lalla– A representative of Hindu Mahasabha who wants the ownership and other rights of the entire disputed land without any part going to Muslim parties or the Nirmohi Akhara.
The Sunni Waqf Board– It looks after the religious properties and has demanded the restoration of the Babri Masjid to its original form that existed before the Hindu groups brought it down on December 6, 1991.
History of Ayodhya Dispute
Ayodhya case is one of the longest-running history disputes in India that was filed around 134 years ago. Over the decades, the dispute has made its way through a legal hierarchy, beginning from the Faizabad Civil Court to Allahabad High Court and then to Supreme Court.
According to some beliefs, the disputed land was originally a site of Hindu Temple which was demolished to construct Babri masjid. On the other hand, Muslims claim that the land was given to them and Mir Baqi built the mosque there on the orders of Babur, a Mughal emperor. In 1949, some Muslims saw an idol of Ram in the Mosque. Then both the religious parties claimed the ownership of the site and the dispute then resulted in the lockdown of land by the government.
Here you can check the timeline of events leading to the demolition of Babri Masjid.
Highlights of the judgment made by the Supreme Court
- According to the Supreme Court, the ASI report cannot be dismissed as it was not just guesswork but has brought the theories of pre-existence of an Idgah on the disputed land. The ASI report says that the Babri Masjid was not constructed on vacant land.
- The SC stated that the Allahabad High Court was wrong to divide the land between the three involved parties because the complex was a composite whole.
- The entire area, which is 2.77 acres, will remain with the Hindus and it will be handed over to a trust for managing the construction of a temple.
- 5 acres of land will be given to Muslims in a prominent place. It can also be in the 67 acres locked down in and around the disputed land.
- SC stated that all religions are equal under the Indian constitution and the constitution does not allow anyone to distinguish between them. Even the judges have not been given any rights.
- A huge temple under Masjid cannot become the basis for giving ownership. SC said that courts must go by evidence.
- The Supreme Court denied the existence of any evidence showing ownership of any party between 13th to 16th
- The Shia plea for ownership of the land has been abandoned.
How the Supreme Court Used the powers it received under section 142 of the Constitution?
Article 142 of the constitution was invoked twice by the five-judge bench while delivering the verdict in the Ayodhya case. Article 142 gives special powers to the Supreme Court to pass any order for the purpose of doing complete justice.
The Article says: “Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc (1) 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 orders 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.”
– The court invoked Article 142 to grant 5 acres of land to Muslims for building a mosque. The court said the constitution must ensure to rectify what is committed wrong.
– It also invoked the Article to grant relief to Nirmohi Akhara saying that it would be included in the trust that is to be formed by the Centre to construct Temple on the disputed land.