NEW DELHI: In a landmark ruling, the Supreme Court of India overturned the Allahabad High Court order for the partition of the disputed land and directed that the land must be given to Hindus for construction of temple through a government-monitored trust and Muslims must be given an alternate land.
A five-judge constitution bench headed by Chief Justice of India Ranjan Gogoi ruled that a suitable plot of land measuring 5 acres shall be given to Sunni Waqf Board by state or Centre in Ayodhya.
In a unanimous judgement, the bench said, “Allahabad High Court was wrong in dividing the disputed site into three parts.”
The ruling also made it clear that in the scheme by Board of trustees, appropriate representation should be given to Nirmohi Akhara.
“Muslims have presented no evidence of exclusive possession prior to 1857. But thereafter they offered namaz there till they were ousted in 1949 through desecration,” rules court while dealing with Sunni Waqf board suit.
“Faith and belief of Ayodhya being birthplace of Ram is undisputed so as that of Muslims to worship at the mosque,” ruled the court.
The court ruled that Nirmohi Akhara suit not maintainable and it has no shebait rights (priestly rights).
ASI report establishes there was an underlying structure beneath the mosque and it was not Islamic in nature, observes the bench adding that “Sri Ram Lala Virajman is a juristic entity but Sri Ram Janmasthana isn't.”
“Faith and belief of Hindus that Lord Ram was born under the inner dome and undisputed belief of Hindus. Once the faith is genuine, courts shouldn't interfere,” rules SC
The order came on the 14 appeals which had been filed before the Supreme Court against the 2010 Allahabad high court judgment, which said the disputed 22.7 acres should be equally divided among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.