CASE
COMMENT
M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors
Appellant – M Siddiq D Thr
Lrs
Respondent – Mahant Suresh
Das & Ors
Citation – 10866-10867 of 2010
Date of Judgement – 09
November, 2019
Judge of Bench –CJI Ranjan
Gogoi, Justice SA Bobde, Justice DY Chandrachud, Justice
Ashok Bhushan &Justice
Abdul Nazeer
INTRODUCTION
This case is commonly known as
the Ayodhya Dispute Case. The incident was witnessed by all
prime ministers of independent India. The
controversy is a social, religious, historical and political controversy in India centerer on land plots in Ayodhya
city, Uttar Pradesh. This was a very long case and finally the Supreme Court ruled
him on November 9,2019.
M Siddiq (D) Thr Lrs v. Mahant Suresh Das &
Ors. This case is commonly known as
the Ayodhya Dispute Case. The incident was witnessed by all
prime ministers of independent India. The
controversy is a social, religious, historical and political controversy in India centered on land plots in the city of Ayodhya, Uttar Pradesh. This was a very long case and finally the Supreme Court ruled
him on November 9,2019.
The legal battle over Ayodhya began in 1950
when a petition was first filed by Gopal Singh Visharad, who was refused entry.
He was Ayodhya secretary of the Hindu Mahasabha, an organization formed to
oppose the secular principle of the Congress party. The court dragged on the
issue for almost a decade and in 1959 the Nirmohi Akhara filed another
complaint claiming that the area should be in their possession. In response to
the above-mentioned lawsuits, the Sunni Central Waqf Council filed a
counter-request in 1961. The Council was established by Indian law to protect
and preserve Muslim religious and cultural sites.
Case Facts
This is Ayodhya, inhabited
by both Hindus (claiming to be the birthplace of Lord Rama) and Muslims
(considering the city with the Babri Mosque built in 1528 by the first Mughal) It was the story of the
city. Emperor Babur was built) to live together). The first religious violence in Ayodhya occurred in 1850
over thenearby Hanuman Gali
Mosque. Babri Mosque was attacked by Hindus. Local Hindus have always claimed
ownership of the land on
which the Babri Mosque
is built and should be allowed to build temples on it. They believed that the Babri Mosque was built by destroying a Hindu temple.
However, their requests
werealways denied by the colonial
government. On December 22, 1949, a
sect of Hindu Mahasaba called Akhilvaratiya Ramayana Mahasaba(ABRM) organized
his nine days of
uninterrupted recitation of Ramcharitmanas. Eventually, Hindu activists broke into the mosque and erected idols of Rama and Sita inside. Jawaharlal Nehru
ordered the removal of the
idol, but this was denied by a local official, his K.K.K. Nair,
known for his Hindu nationalist ties, claimed this would lead to community
unrest.Police closed the gates, barring both Hindus and Muslims
from entering. There were idols inside and the mosque had been converted into a de facto temple, so priests were allowed
in for daily worship. Both the Sunni Waqf board and his AMRM have filed civil lawsuits in local courts
to claim religious rights locally.
Issues Raised
The issues
at issue in this case concerned the ownership of the land traditionally regarded as the birthplace of Lord
Rama and the history of the Babri Mosque.One of the main problem is this case is: Statementsfrom
Parties to Case.After a
lengthy 14-day hearing, the
Supreme Court gave all parties to this case
three days to file statements clarifying what they were actually praying for.
gave. Below is a summary of the written statements made by the various parties
in this case.
After a
lengthy 14-day hearing, the
Supreme Court gave all
parties in the case three days
to respond in writing and clarify what they were
praying for. Below is a summary
of the written statements made by the
various parties in this case.
CONTENTIONS TO THE PARTIES
APPELLANTS CONTENTIONS
NirmohiAkhara
• If the verdict favour’s one of the Hindu sects, Akhara must retain the right to serve God.
• Permission to build a Ram temple on the disputed site should be given, and Nirmohi Ahara should be empowered to manage the site once the temple is built.
• If the court decides to uphold the 2010
Allahabad High Court judgment and declares
that the Muslim parties will not carry out any construction work on the disputed land, the court will
allow the Muslim parties to grant their rights to the land.
You must order to surrender your interest. Hindu party. It was leased for the
long term so that a large Ram Temple
could be built. (The Allahabad High Court ruling divided the disputed land into three parts: the Sunni
Waqf Council, Nirmohhi
Ahara and Ram Lala.)
• The Court
told the government that the Muslim side would
move out and build the building. It should be ordered to provide the land
so that it can be built. Mosques in conflict areas.
Ram Lalla Virajman
According
to a document filed on behalf of Ram
Lalla Virajman, the court should grant all disputed lands to Ram Lalla. The Declaration said that no part of the disputed land should be given to Nirmokhi Ahra or Muslim political parties.
Ram Janambhooomi Pnar Sudhar Samiti He
can only build one Ram temple on the
disputed site of Ayodhya. Once
the temple is built, a trust must be formed to administer it.
Gopal Singh Visharad
Gopal Singh Visharad
claimed it was his constitutional right to pray to Ram Janmabhooomi
as his ancestors had performed rituals in the temple grounds for centuries . His statement said that no compromise-should be made in the case
of Ram Janmabhoomi. Sunni Waqf Board The
Commission said it wanted the same remedy as wasclaimed at the hearing.Duringthe hearing, Commission CounselRajeev Dhawan
called for the Babri Masjid to
berestored to its original form before being demolished on December 6, 1992.
Hindu Mahasabha
The Supreme Court is expected to form a
trust to oversee the management of the Ram Temple to be built on the disputed site of Ayodhya.
The Supreme Court should appoint a
steward to administer this trust. Shia
Waqf Board In a relief vote
at the Allahabad High Court,
the Muslims said they should abandon their claim to the disputed land and hand it over to the Hindus to build a Ram temple. In a filing, the Shiite Waqf board said a Ram temple should be built at the disputed site in Ayodhya. He said the rightful owner of the disputed land was the Shiite Waqf
Council, not the Sunni Waqf Council. Land
allocated to the Sunni Waqf Council by Supreme Courtorder should be allocated to Hindu political parties.
RESPONDENT’S CONTENTION
Sunni Central Waqf Commission, UP. Lead
attorney Rajeev Dhawan said the idol was secretly installed by Hindus
on the night of December 22-23, 1949. They said there was no direct evidence that the land in dispute was the birthplace of Lord Lam.Senior Advocate Meenakshi Arora also spokeon
behalf of the Board
of archaeological excavations.The results, he argued, show not one structure, but multiple
structures spanning different eras. It is
not a single gigantic structure as claimed by Hindus.
Judgment
A five-judge chamber of the Supreme Court
heard title cases from August to October 2019. On November 9, 2019, the Supreme Court, led by Chief Justice Ranjan
Gogoi, delivered its judgment.
He reversed a previous ruling and ruled that the land belonged to
the government based on tax records.He
also ordered the land to be turned over to a trust for the construction of a Hindu temple. He also ordered the government to donate five more acres of land to his
Sunni council inWaqf to build a mosque.
The ten main points emphasized in the judgment
in this case
are:
The Supreme Court gave the entire disputed
land of 2.77 acres in Ayodhya to the god Ram Lalla. The
Supreme Court has ordered the central and Uttar Pradesh governments allocate a
Muslim five hectares of island in exchange for the construction
of a prominent mosque. The Court asked the Center to consider giving Nirmohi Akhara some form of representation to set up a trust. Nirmohi Akhara was a third party in the Ayodhya dispute. The Supreme Court dismissed
a lawsuit filed by her Nirmohi Akhara who sought to control all her disputed lands, claiming shewas her own custodian. The
Supreme Court has ordered the federal government to establish a trust within
three months to
build the Ram Mandir on the disputed site where the Babri Masjid was demolished in 1992. Supreme Court said structures underdisputed land in Ayodhya were not Islamic structures, but ASI did not determine whether temples
were demolished to make
way for mosques . The court also said that while Hindus consider the disputed site to
be the birthplace of Lord Ram, Muslims say the same about the location of the Babri Masjid. The
court said that the Hindu belief that Lord Rama was born in Babri where his
masjid was also cannot be questioned. The Supreme Court ruled that the demolition of his 16th-century Babri Masjid his mosque in
1992 was also
against the law.The Supreme
Court read out a ruling that the UP's Waqf Central Sunni Council failed to present its claim in the Ayodhya dispute,
proving that Hindus
own the disputed outer courtyard.
CONCLUSION
This case is a long-drawn case in the history of Indian judiciary and is
significant because it has witnessed every prime minister of India, from Jawaharlal Nehru to Narendra Modi. Ultimately, this dispute was resolved on November 9, 2019. In this ruling, the Supreme Court approached
the case in a harmonious way,
trying to balance both religions. The Supreme Court gave the entirety of his
2.77-acre disputed land in Ayodhya to God Ram Lalla. The Supreme Court has ordered the
central government and the government of
Uttar Pradesh to allocate five
hectares of land to Muslims in a conspicuous
location for
the construction of a mosque. In my opinion, we need to focus on the real problems
that led to the development of the country, such as poverty, unemployment
and agriculture. Do not fall into the religious traps of politicians. Politicians distract us by bringing up these religious issues and the notions of dividend control to win elections. This case is one of those cases, as this
controversy came up in the last House of Representatives
election.
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