RAM JANMBHOOMI/BABRI MASJID TITLE DISPUTE

APPORV PAL

BACKGROUND:

A constitutional Bench, headed by the Chief Justice of India Rajan Gagoi, asked the mediation
team to submit their report by July 18. This mediation team was appointed by the SC to resolve
the Ayodhya dispute.

The Ayodhya dispute is a political and a religious debate in India. The issue revolves around a
land which is traditionally regarded as a birthplace of Hindu Deity Rama, the history and
location of Babri Masjid at the site, and whether a previous Hindu temple was demolished or
modified to create the Mosque.

On 6th December 1992, in a political rally the Babri Masjid was destroyed which in turn triggered
the riot. Subsequently a land dispute case was filed in the Allahabad High Court whose judgment
was delivered on 30.09.2010. In this landmark case the three judges bench of the Allahabad High
Court gave their verdict that the land will be equally divided into three parts. 1/3 going to Ram
Lalla, 1/3 going to Islamic Sunni Waqf Board and the remaining goes to Hindu religious
denomination.

The research work of the Archaeological Survey of India was also submitted to the court which
reveals that before Masjid there was a massive Hindu religious building. Ramayana tells about
the birth place of Lord Rama which is Ayodhya.

The first Mughal Emperor, Babur, was the founder of Mughal Empire. Babri Masjid was built in
1528 by Mir Baqi as he followed the orders of the Babur. In the year on 1813-14 East India
Company’s surveyor Francs Buchanan surveyed the site and reported that he found inscription
on the Mosque wall. He also noted his conversation with the localities of that area which
revealed that they believe emperor Aurangzeb built this mosque after demolishing a temple of
Lord Rama.

CURRENT ISSUE:

The plaintiff in the first suit of the Ayodhya case, Gopal singh Visharad, made a mention before
the CJI for the early haring of the appeals. To this Senior Advocate P S Narasimha added that
there is no progress made in the mediation after the first round. Subsequently CJI asked the
counsel to submit an appropriate application for early hearing of this matter. The bench then
asked the mediation team, headed by former Supreme Court Judge FMI Kalifullah, to submit the
report by July 18th which was previously assigned to be submitted on 15th August. The Bench
also said that if the case is not resolved by the mediation team then the court will start hearing on
a day-to-day basis from July 25th.
The Hindu group opposed the mediation by saying that this matter is not a property dispute. This
matter involves a lot of sentiments and religion. On the other hand the Muslim group supported
the mediation.

This case was taken by the five judge constitution bench comprising of Chief Justice of India
Rajan Gagoi and Justices S. A. Bobde, D. Y. Chandrachud, Ashok Bhushan and Abdul Nazeer
and the Bench said: “We deem it proper to request Justice (Retd) F.M.I. Kalifulla to inform us
about the progress of mediation till date and the stage at which the said process is presently at.”

The argument was heated up when both the parties started rebuttal of their statements. Senior
advocate, Rajeev Dhavan, represented the Sunni Central Waqf Board and from the appellant
side Senior Advocate K.S. Parasaran appeared who said that it will be probably very difficult to
settle the dispute through a mediation team. It would be better if the Apex Court decide the
dispute judicially. Mr Dhavan said: “Is this is a plea to scare us? This plea needs to be rejected
right away. We have strong objections to the manner in which this application has been drafted.
This is not the time to criticize the mediation committee”

CONCLUSION:

After hearing arguments from the both side the bench reduced the time of the mediation from
15th August to 18thJuly and said that if no result is declared by the mediation then the court will
start hearing the case on a day to day basis from 25th of July.