BABRI MASJID – RAM JANAM BHUMI DISPUTE: LEGAL PERSPECTIVE THROUGH CIVIL SUITS

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We always think that the major concerned issues prevailing before our Judiciary is not so hard and can be solved easily but in reality, the things are bit different because the issues prevailing before the Judiciary are very much sensitive and comes with the beliefs of so many people. Babri Masjid-Ram Janam Bhumi issue is of that nature only where the belief and reality are fighting against each other and has left Judiciary in a dilemma.

Let us see the legal side of this issue. The transition of an issue into controversy was first observed in 1885. In 1885, Mahant Raghubir Das plead in the district court of Faizabad for the permission to build a canopy outside the disputed structure. The court rejected the plea.

In 1949, Idols of Ram was placed under the compound of the mosque by 50 – 60 people. The then District Magistrate of Faizabad started this thing in his report. In 1950, Gopal Singh Visharad filed a suit for worshipping and keeping of idols. In 1959, Nirmohi Akhara filed a suit for the claim that the Janam Bhumi belongs to Nirmohi Akhara as they are the ones that are managing and receiving the offerings made there.

In 1961, a suit was filed by the Sunni Central Board of Waqfs that there is an ancient Mosque there known as Babri Masjid. The Masjid was constructed by Emperor Babar and was used for offering prayer. The outcome was in the favor of the board and some rights were given to Muslims over the structure formally known as Babri Masjid. The idols were said to be removed.

In 1989, the most major suit of all time was filed by Bhagwan Sri Ram Birjaman. Reasons for the plea was –

  • Hindus were denied from offering prayers at the site.
  • To consider the demand for declaring the entire premises belongs to Hindus.
  • To construct a temple and demolish the existing structure.

In the meantime, various events got placed and the suit was transferred to Allahabad High Court by the Supreme Court.

1992 – On 6th December the structure of Babri Masjid was demolished by hundreds of people.

1993 – A act naming – Acquisition of Certain Area at Ayodhya Act[1] was passed. It was passed for the acquisition of land by the center in the disputed area.

2002 – Allahabad High Court Started hearing at the disputed area.

2010 – Allahabad High Court ruled that the 2.77 acres of land were divided into three parts –

  • 1/3 was given to the diety for the construction of the Ram Mandir.
  • 1/3 was given to the Muslim Waqf Board.
  • 1/3 was given to the Nirmohi Akhara.

2011 – Supreme Court Stays High Court verdict.

2016 – A plea has been submitted by Subramanian Swamy in Supreme Court regarding the construction of Ram Mandir.

The latest development on this issue is that the mediation plan has stayed and daily hearing is in the process now. Maybe soon we can see a positive end to this land dispute.

Submitted by –

Bibhanshu Mishra

Student Reporter, INBA

[1] https://indiankanoon.org/doc/855945/