Hindu Vivek Kendra

Frequently Asked Questions

Shri Rama Janmabhoomi Movement


Summary of the Legal Findings


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.