The Constitution Bench led by Chief Justice of India Ranjan Gogoi on Tuesday began hearing the cross-appeals filed by the Hindu and Muslim sides challenging the three-way partition of the disputed 2.77 acres of Ramjanmabhoomi-Babri Masjid land among Ram Lalla, Nirmohi Akhara and the Sunni Waqf Board.
The Akhara said it was a religious establishment of a public character to which the Ramjanmabhoomi had “always belonged”.
It had been managing the Ramjanmabhumi and receiving offerings from worshippers. It submitted that the “Asthan of Janam Bhumi was of ancient antiquity.”
The Akhara, represented by senior advocate Sushil Kumar Jain, submitted that Muslims had stopped offering regular prayers at the Babri mosque in 1934, when there was a riot. It argued that Babri mosque had literally ceased to be a mosque since 1934. Only Friday prayers were offered here from 1934 till December 22, 1949. The idols were placed inside the mosque on the intervening night of December 22-23 in 1949.
The installation of the idols had led to widespread tension. The Faizabad City Magistrate, under an order of attachment, had to take over the management and charge of the disputed area under Section 145 of the Code of Criminal Procedure on December 29, 1949. Mr. Jain argued that the Akhara was wrongfully deprived of the management and charge of the area. This had led to it filing a suit for declaration of title and possession in 1959.
The Akhara is countering the High Court’s conclusion that the disputed land was in the joint possession of Hindus and Muslims since 1855.
Justice S.U. Khan, one of the three judges on the High Court Bench, had even observed that it was “very, very unique and an absolutely unprecedented situation” that Hindus worshipped the Ram Chabutra and Seeta Rasoi inside the boundary wall and compound of the mosque while the Muslims made offerings of namaz in the mosque.
The High Court had proceeded to formally divide the disputed land, saying there was no hindrance to turn a suit filed by the Hindus and Muslims for its exclusive possession to a suit for partition.
