No temple was demolished for mosque: Justice S.U. Khan

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.