Situation remains tense in Pakistan-occupied Kashmir as strike enters 4th day
New Delhi, August 10
More than 70 years after the Faizabad Civil Court rejected its claim over Babri Masjid as a Shia Waqf, the Shia Central Waqf Board of Uttar Pradesh has moved the Supreme Court to assert its claim over the disputed site.
Interestingly, the Special Leave Petition – which challenged a 1946 decision of the Faizabad Civil Court – said the Babri Masjid demolished by Hindu Karsevaks in 1992 was built by demolishing a Ram Mandir in Ayodhya.
The petition is likely to be taken up by a three-judge bench of Justice Dipak Misra, Justice Ashok Bhushan and Justice S Abdul Nazeer at 2 pm on Friday along with cross-appeals filed by various parties.
Almost seven years after the Allahabad High Court’s September 30, 2010 order dividing the 2.7-acre disputed land at the Ram Janmabhoomi-Babri Masjid site equally between Ram Lalla, Nirmohi Akhara and Sunni Waqf Board, the Supreme Court is scheduled to take up cross-appeals on August 11.
Referring to the gazetteer of the district which contained references to Babri Masjid, the Shia Waqf Board said, “It shows that according to local affirmations, Babar came to Ajodhia in 1528 AD. And halted here only for a week and it was during his regime the Janmasthan temple was destroyed and on its site a mosque was built using largely the materials of the old structure.”
It said: “Trial court committed error in not appreciating that it is the Wakif who creates wakf. Even if someone (king) orders for building a mosque, the Wakif is the one who actually creates the Wakf by dedicating it to the God. In the instant case admittedly the mosque was built by Abdul Mir Baqi presumably out of his funds since Babar stayed near Ayodhya only for 5-6 days whereas construction of mosque took much more time (demolition of temple and building of mosque)..”, said the petition.
It said the “trial court failed to appreciate that merely `ordering’ to build mosque does not make that person as Wakif. Someone has to build it and having title, may be in the edifice, can dedicate it to the God. Maybe that Babar ordered Abdul Mir Baqi to build mosque, Mir Baqi (Shia) chose the site and having demolished the temple got the mosque built and dedicated it to the God, thereby creating a Shia Wakf”.
Shia Central Waqf Board has filed an affidavit in the top court, saying a mosque can be built in a Muslim dominated area “at a reasonable distance from the most revered place of birth of Maryada Puroshottam Ram”.
It opposed the stand of the Sunni Central Waqf Board which has been fighting a protracted legal battle for re-building Babri Mosque, saying, “Sunni Central Waqf Board, UP, is under the dominant control of Sunni hardliners, the fanatics and non-believers in peaceful co-existence, who have absolutely no stake in the present case.”
It has already requested the top court to appoint, in the larger public interest, a committee headed by a retired Supreme Court judge to suggest proposals for an amicable settlement. The committee should include two retired judges of the Allahabad High Court, Uttar Pradesh Chief Minister or his nominee, a nominee from the PMO, Shia Central Waqf Board, Nirmohi Akhara (a party to the dispute) and the Hindu community, the affidavit suggested.
