Sept. 30: A three-judge bench comprising Justices S.U. Khan, Sudhir Agarwal and Dharam Veer Sharma while pronouncing verdict on the Ayodhya title suits pointed out that the Babri mosque was not in use and hence the disputed structure could not be termed a mosque in the true sense of the term.
However, the entire bench held the view that the central dome of the disputed structure — where the idols had been installed since 1949 and again in 1992 after the demolition of the Babri mosque — belonged to the Hindu Mahasabha.
The Sita Rasoi and Ram Chabutara have been given to the Nirmohi Akhara. Justice Dharam Veer Sharma was categorical that the land belonged to Hindus and rejected the claim of the Sunni Waqf Board.
Justice Sharma ruled that the disputed site is Lord Ram’s birthplace and that the disputed structure constructed by Babar was built “against the tenets of Islam” and “did not have the character of a mosque”.
Justice S.U. Khan said the mosque was built by Babur, not by demolishing a temple, but on the ruins of a temple, as found in the Archaeological Survey of India report. The bench has also directed maintenance of status quo for three months and invited suggestions from all parties for demarcation of the land.
Justice Khan said, “All the three sets of parties, i.e., Muslims, Hindus and the Nirmohi Akhara, are declared joint title holders of the property/premises in dispute as described by letters A B C D E F in the map Plan-I prepared by Shri Shiv Shankar Lal, Pleader/Commissioner appointed by the court in Suit No. 1 to the extent of 1/3rd share each for using and managing the same for worshipping. A preliminary decree to this effect is passed.”
However, Justice Khan said the portion below the central dome, where the idol remains in a makeshift temple, will be allotted to Hindus in the final decree and that the Nirmohi Akhara would be allotted a share including that part shown by the words “Ram Chabutra” and “Sita Rasoi” in the map. Justice Khan added, “However, if while allotting exact portions, some minor adjustments in the share are to be made, then the same will be made and the adversely-affected party may be compensated by some portion of the adjoining land which has been acquired by the Central government.”