The Akhil Bharat Hindu Mahasabha has moved the Supreme Court challenging the Allahabad high court's September 30 ruling on the Ayodhya title suit, which has given one third of the disputed land to Muslims. Hindu Mahasabha'a national president Swami Chakra Pani has moved the apex court, challenging the verdict which ruled for a three-way division of the disputed land around and underneath the demolished Babri mosque with two parts to Hindus and one to Muslims.
A 5-judge Constitution Bench headed by Chief Justice Ranjan Gogoi, in its historic verdict delivered on a court holiday, held that the lawsuit of the deity was "within the period of limitation" and granted the title decree in its favour.
Making a statement in the lower house soon after a meeting of the Union Cabinet, Modi said, "An autonomous trust has been formed, it is called 'Shri Ram Janambhoomi Teertha Kshetra'." The Supreme Court had directed the government to form the trust within three months and the deadline was ending on February 9.
The submission was vehemently opposed by senior advocate C S Vaidyanathan, representing deity 'Ram Lalla', who said: "This is totally unwarranted".
No one can claim ownership right over the sacred place by merely putting up a structure like a mosque, a counsel for 'Ram Lalla' told the Supreme Court.
'The decision by this Hon'ble Court, whichever way it goes, will impact future generations.'
Rajeev Dhavan had created a flutter in the packed courtroom on Wednesday when he tore the pictorial map provided by senior lawyer Vikas Singh, representing AIHM.
The bench, which was hearing the politically sensitive case on 34th day, asked Parasaran as to whether 'it has been held that any Hindu temple, including the land has been accorded the juristic personality'.
"I am supporting the Hindu side," lawyer M C Dhingra, appearing for Shia Wakf Board, told the bench.
By pegging the exact area of the Babri Masjid site at 0.313 acres, and not the original 2.77 acres, the government hopes to be in line with the court ruling in the 1994 Ismail Faruqui case which mentions return of land to original claimants once the exact area needed for acquisition is determined, observes Saisuresh Sivaswamy.
They also termed as 'unwarranted' and 'unfortunate', the submission of Muslim parties that the archaeological report be trashed.
The ASI, which had found artefacts, idols, pillars and other remains, stated in its report about the existence of a massive structure beneath the 'alleged Babri Masjid'.
'Akahara' apprised a 5-judge Constitution bench, headed by Chief Justice Ranjan Gogoi, of its stand following a direction whether it opposes the plea of the deity in view of the fact that its right as 'shebait' (devotee) over the property can only stand if the lawsuit of 'Ram Lalla Virajman' is allowed.
'We are aggrieved about the ruling and there is no other way of putting it across to the Supreme Court and entire society that wrong has been committed and which requires correction.'
'The burden of proof is on Muslim parties to show that this finding, that the mosque was built on land held sacred by Hindus, is wrong'
The bench took serious note of the submission of senior advocate Kapil Sibal, appearing for one of the parties, that the appeals be heard in July 2019 after completion of the next Lok Sabha polls as the atmosphere at present was not conducive.
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