A. Summary of the Legal Findings Before
India's Independence
* Hindus never relinquished the legal claim to
the Shri Rama Janmabhoomi area, including the temple site and all land
around the temple site.
* In 1859 the British divided the area into two
parts: one consisting of the Babri structure and the other comprising
of the Rama Chabootra, and the Sita-ki-Rasoi and the entire courtyard
to Hindus. Hindus continued continuous Pooja (i.e. Worship) and Bhajan
(i.e. Prayers and Singing) in that area.
* In 1885, Mahanta Raghuvar Das filed a case in
the Faizabad Court to renovate the temple near Chabutra area. That case
was rejected. But on appeal the British Judge Col. F.E.A. Cowmiyar wrote
in his judgement that what happened to the Hindus was extremely sad about
the fact that a Masjid was built over one of their most sacred site some
356 years ago and now it is late to rectify that.
* During 1934 the domes were at least partially
damaged by the Sants of Ayodhya. After this incident the whole are was
declared off-limit to the Muslims.
B. Summary of the Legal Findings
After India's Independence:
* The Revenue Records as recorded in the village
of Ramkot (or Kot-Ramachander) shows that Shri Rama Janmabhoomi site area
as Janmastan.
* On 23 December 1949, the idols of Ram Lalla appeared
(Virajman) in the middle of the floor space under the central dome and
soon after thousands of devotes assembled there to worship and the practice
of continuous Pooja and Bhajan started, in front of the idols.
* On 29 December 1949, the city Magistrate exercised
control over the whole area. However, the Poojaris (i.e. Priests) continued
their prayers to Ram Lalla.
* On 16 January 1950 one Shri Gopal Simha Visharad
filed a suit in the Faizabad civil court for the exclusive rights of performing
Pooja for Ram Lalla and asked the judge to issue orders to stop anyone
moving the idols. A temporary injection was issued preventing the removal
of the idols of Ram Lalla. The civil judge on 3 March 1951, and later
the Division Bench of the Allahabad High Court maintained that order and
dismissed the an appeal. It is interesting to note that 13 Muslims residents
of Ayodhya had filed affidavits in the proceeding under Section 145 Cr.
P.C. before the magistrate. They provided the affidavits to the effect
that the disputed structure was constructed after demolishing the temple
of Janmabhoomi at that site and that they have no objection if the place
remains with the Hindus. The city magistrate closed the file consigned
by his order 30 July 1953, on the ground that there was no longer any
apprehension of breach of peace.
* On 5 December 1950, Paramahansa Ramachandradasji
also filed a suit asking for the continuation of the pooja and keeping
the idols in the Babri structure. During August 1990 out of shear frustration
with the justice system, the Plaintiff Paramahans Ramachandra Das withdrew
the case.
* A Muslim filed a suit against the status quo
order (i.e. of not allowing the Muslims to enter any of the area and the
continuation of Pooja and Bhajan in front of Ram Lalla). On 26 April 1955
the case was dismissed.
* Just as the Statute of limitation was about to
end, after 11 years, 11 months and 26 days after the day when the idols
of Ram Lalla idols emerged in 1949, a fourth suit was filed by the Sunni
Central Board of Waqf of U.P. to reclaim the Janmabhoomi area for the
Muslims.
* On 16 December 1964 the Faizabad civil judge
consolidated all the suits. After hearing the parties on all the issues
the judge in his 21 April 1966 order said that "no valid notification
so far relenting to the specific disputed property of the present suits
at hand." This finding has become final. This means the court took the
bottom of the Waqf Board's right to suit.
* On April 1984, the VHP organized the first Dharma
Sansad in New Delhi and Shri Rama Janmabhoomi Mukti Yagna was initiated.
In Uttar Pradesh, the Sants started a Rama-Janaki Ratha Yatra to create
nation-wide awareness and to bring to the notice the earlier 77 encounter
to free the Rama Janmastan.
* On 21 January 1986, Shri Umeshchandra Pandey
filed a suit in the Munsif Magistrate of Faizabad and requested the court
to order the opening of the locks on the gates of the Janmastan property.
On 1 February 1986 the District Magistrate Shri K.M. Pandey ordered that
the locks be opened and further ordered the government of U.P. not to
come in the way of the Pooja and Bhajan or create any types of obstructions.
* On 1 February 1986, a Muslim from Ayodhya filed
a suit in the Lucknow bench of the Allahabad High Court against the opening
of the locks. The Sunni Waqf also filed a suit for the same purpose.
* During January 1989, the 3rd Dharma Sansad met
at the Mahakhumba in Prayag, and decided to perform Shilanyas on 9 November
1989.
* On 1 July 1989, Retired Justice of the High Court,
Shri Devakinanda Aggarwal, joined the suit as a friend of the court on
behalf of Ram Lalla and the Janmabhoomi.
* On 18 October 1989 the Sunni Waqf Board filed
a suit for not allowing any people to the Janmabhoomi area and not to
allow any Shilanyasa within 200 yards from the site. On 23 October 1989
the full Bench rejected the Waqf Board's request.
* Muslim parties continued their effort of stopping
the Shilanyas by filing two more suits/petitions in the Supreme Court.
On 27 October 1989 the Supreme Court dismissed both cases and the path
for Shilanyas was cleared.
* On 10 October 1991, the then U.P. government
purchased the 2.77-acre of land, around the disputed Dancha, for the convenience
of the devotees who attend the Ram Lalla darshan etc.
* At this point the Muslim representatives filed
a writ petition in the Lucknow Bench of the Allahabad High Court. On 25
October 1991, the court after hearing all the parties issued an interm
order stating that U.P. government has every right to do so. The High
Court also said that they would issue a permanent decision by 4 November
1992.
* On 30 October 1992 the fifth Dharma Sansad met
in New Delhi and decided to start the Kar Seva on 6 December 1992.
* On the morning of 8 December 1992 the Central
Government took over the complete Shri Rama Janmabhoomi Parisar area under
its control. The Pooja for Ras Lalla did continue.
* On 7 January 1993 the Government of India, with
the concept of the Parliament, took over some 67 acres of land all around
the disputed area. But the Muslims took a tough stand stating that once
a place become a Masjid, it does not matter what the new circumstances
will become.
* On 7 January 1993, the President of India, per
rule 143 (1) of the Parliament, requested the Supreme Court for its opinion
on the subject matter and find out whether there existed a Hindu place
of worship before the disputed Dancha was constructed over it. The Supreme
Court declined.
* After 21 months of deliberations, on 24 October
1994, the Supreme Court gave its majority decision in favour of the action
taken by the Government under rule 4 (3) and turned the case back to the
Lucknow Bench of the High Court of U.P. Also it rejected the arguments
of the Muslims that once a Masjid it always remains a Masjid. It further
ordered that the Pooja to Ram Lalla can continue under the central dome
and no action should be taken to change the situation. While turning down
the claims of the Muslims the Supreme Court cited case under the Lahore
High Court and the Privy Council.
* As of now, the High Court continues to take depositions
from the parties concerned (i.e. Sunny Waqf Board, and Nirmohi Akhada).
Since 1966, on behalf of the Muslims, 16 out of some 103 depositions have
been completed. On behalf of Hindus Paramhans Ramachandradasji has provided
his deposition. On behalf of Hindus some 100 depositions have been completed.
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