No temple
was demolished for mosque: Justice S.U. Khan
Friday, October 01, 2010 08:37:39 AM,
IANS
|
Lucknow:
Justice S.U. Khan of the Allahabad High Court in his Ayodhya
judgment Thursday said that no temple was demolished for building
the Babri mosque and it was constructed over the ruins of temples.
The other two judges on the bench
were of the view that the Babri mosque was constructed after
demolition of a Hindu temple.
Justice Khan in his observation said that for a very long time
till the construction of the mosque it was believed by Hindus that
somewhere in a very large area, of which the premises in dispute
is a very small part, the birth place of Lord Ram was situated.
"However, the belief did not relate to any specified small area,
within that bigger area, specifically the premises in dispute," he
said.
"It was very very unique and absolutely unprecedented situation
that inside the boundary wall and compound of the mosque, Hindu
religious places were there which were actually being worshipped
along with offerings of namaz by Muslims in the mosque," he said.
Some of key observations were:
* The disputed structure was constructed as mosque by or under
orders of Mughal emperor Babar.
* It is not proved by direct evidence that the premises in
dispute, including the constructed portion, belonged to Babar or
the person who constructed the mosque or under whose orders it was
constructed.
* No temple was demolished for constructing the mosque.
* Mosque was constructed over the ruins of temples which were
lying there since a very long time before the construction of
mosque and some material thereof was used in construction of the
mosque.
* After some time of construction of the mosque, Hindus started
identifying the premises in dispute as the exact birth place of
Lord Ram or a place wherein exact birth place was situated.
* Both the parties have failed to prove commencement of their
title hence by virtue of Section 110 Evidence Act both are held to
be joint title holders on the basis of joint possession.
* For some decades before 1949, Hindus started treating/believing
the place beneath the central dome of the mosque (where at present
a make sift temple stands) to be the exact birth place of Lord
Ram.
* Much before 1855, Ram Chabutra and Seeta Rasoi had come into
existence and Hindus were worshipping in the same.
* For the sake of convenience both Muslims and Hindus were using
and occupying different portions of the premises in dispute, still
it did not amount to formal partition. Both continued to be in
joint possession of the entire premises.
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