No proof mosque was built in Babar’s reign: Justice Sudhir Agarwal

LUCKNOW - Justice Sudhir Agarwal, one of the three judges who delivered the Ayodhya judgment, in his order differed with his colleague Justice S.U. Khan that the mosque at the disputed site was built in the reign of Mughal emperor Babar.

The disputed structure was always treated, considered and believed to be a mosque and practised by Mohammedans for worship accordingly. However, it has not been proved that it was built during the reign of Babar, said Justice Agarwal.

He observed that the area covered under the central dome of the disputed structure is the birth place of Lord Ram as per faith and belief of Hindus.

It is declared that the area covered by the central dome of the three domed structure belong to plaintiffs (Suit-5) and shall not be obstructed or interfered in any manner by the defendants, he said in his order.

Some key observations of Justice Agarwal are:

* The area within the inner courtyard belongs to members of both the communities, Hindus (here plaintiffs, Suit-5) and Muslims since it was being used by both since decades and centuries.

* The disputed structure was always treated, considered and believed to be a mosque and practised by Mohammedans for worship accordingly. However, it has not been proved that it was built during the reign of Babar in 1528.

* In the absence of any otherwise pleadings and material it is difficult to hold as to when and by whom the disputed structure was constructed. But it is clear that it was constructed before the visit of missionary Joseph Tieffenthaler in Oudh area between 1766-71.

* The building in dispute was constructed after demolition of non-Islamic religious structure - a Hindu temple.

* The idols were kept under the central dome of the disputed structure in the night of Dec 22-23, 1949.

* The area covered by the structures, namely, Ram Chabutra, Sita Rasoi and Bhandar, in the outer courtyard is declared in the share of Nirmohi Akhara.

* The open area within the outer courtyard shall be shared by Nirmohi Akhara and plaintiffs (Suit-5) since it has been generally used by the Hindu people for worship at both places.

* The land which is available with the Government of India acquired under Ayodhya Act 1993 shall be made available to the concerned parties in such a manner so that all the three parties may utilise the area to which they are entitled to, by having separate entry and exit for people without disturbing each others rights.