babri masjid judgement

Discussion in 'General Topics' started by sunnistudent, May 9, 2011.

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  1. sunnistudent

    sunnistudent Veteran

    Supreme Court stays Babri Masjid-Ramjanmbhoomi verdict


    New Delhi, May 9 (IANS) Calling it a strange and surprising order, the Supreme Court Monday stayed the Allahabad High Court's verdict on the Babri Masjid-Ramjanmbhoomi disputed site by which it had directed the site be divided equally between the three contending parties.


    Assailing the judgment of the Lucknow bench of the Allahabad High Court, the apex court bench of Justice Aftab Alam and Justice R.M. Lodha Monday said that by directing the partition of the disputed site, the high court has given an entirely new dimension to the case.


    'It is a rare judgement whose operation has to be stayed,' the court said.
    'It was a strange and surprising order that was not prayed for by any of the parties and cannot be allowed to remain,' it said.



    While admitting the appeals by all the parties, the court said that 'status quo as a disputed site will remain as directed by the constitution bench of the apex court by its verdict of Jan 7 1993 and that of March 13-14, 2002'.
    While ordering the stay, the apex court bench of Justice Aftab Alam and Justice R.M. Lodha said that at least on the issue of the staying the operation of the high court verdict, there is a unanimity.


    The apex court had allowed worship at the makeshift temple at Ayodhya and restrained all the parties from carrying out any religious activities on the 67.703 acres of land that was acquired by the central government around the disputed site.


    The Lucknow bench of the Allahabad High Court on Sep 30, 2010, ruled that the Babri Masjid in Ayodhya was built on a site after demolishing a temple on it way back in 1528, and that the spot where a makeshift temple to Ram Lulla was built after razing the mosque in 1992 was indeed where Hindu god Ram was born.


    The Lucknow bench ordered that the land around the disputed site would be divided into three parts -- one for Hindus, another for Muslims and the third for Nirmohi Akhara, a Hindu sect and an original litigant in the case.
     
  2. sunnistudent

    sunnistudent Veteran

    Babri Masjid action commitee has today filed the Objection in the Supreme Court of India. The petition is against the ruling given by the Allahabad High Court Ruling.

    Interestingly a review petition has been filed in the Allahabad High Court by Mr Faruqi , who is lawyer.
     
  3. sunnistudent

    sunnistudent Veteran

    It is my personal opinion that Muslims took this matter lightly and were over confident that we will surely win the legal battle as most of the evidence was in favour of Muslims.


    During the court hearing , Hindu side was always led by 30-40 lawyers and legal experts.Muslim side was represented by just 2 lawyers, headed by Jafaryar Gilani.

    After this High Court verdict, muslims are awake and relaize that if we want Justice , we have to work hard.

    It is known and agreed by both the parties that the Idol was placed in the masjid on 23 Dec 1949. Before that there was no idol and no hindu gathering inside the masjid.

    It is also known that on 6th December 1992 hindus destroyed the masjid and placed another Idol inside the masjid , thereafter started carrying out hindu gathering and fucntions on that spot.



    Comment by Indian Politicians

    1.Verdict doesn’t justify Babri demolition, that was a criminal act: Chidambaram ( Home Minister of India)

    2.Verdict ‘disappointing’: Ram Vilas Paswan. ( Head of a political party in India)


    3. Shahi Imam of Jama Masjid says Muslims can’t accept decision made in ‘closed room’

    4. Urdu press says HC gave a settlement, not a judgment. It’s based on ‘faith and belief’. Issue needs to be settled in SC .

    5 .SP chief Mulayam Singh Yadav said the Ayodhya verdict had left Muslims “cheated” and hoped the SC would decide the case on evidence and law. “The country is run by Constitution and law, not by faith,” he said, marking his return to “muscular secularism”

    Note:

    Legal experts of Muslim Law Board will meet on Oct 9 to discuss verdict .
     
  4. maulanax

    maulanax Active Member

    Abdul qadir bhai no one said pakistan is the solution to this ummahs problems?! However we are still one ummah and have to help each other rather than dividing ourselves on the basis of nationality, all pakistani and indian muslims are brothers! The reason we are in this state is due to the lies and atrocities of the hindus, because if india was not divided then l k advani would be ruling from karachi right now and spreading hindutva further. At this moment muslims are desperate for a leader as intelligent and influential as qaid e azam surely he would have the guts to challenge parties like bjp just what he did to congress and their mullahs.
     
  5. sherkhan

    sherkhan Veteran

    Ultimately, as you say, the charade is clear. Any forcible occupation by hindu fundamentalists would have drawn global opprobrium, as would have an executive/parliamentary decision to gift the site to hindus. So a court bench was set up and the mission was completed without a single "blood" shed.

    I never gave hindus in India as much credit for cunning/sagacity as I would to jews. A simple yet brilliant maneuvre!
     
  6. AbdalQadir

    AbdalQadir time to move along! will check pm's.

    i was referring to misguided "sunni" claimants and the general trend they have set off, at a general level, not specific to the case. see that post properly please.

    as for pakistan and jinnah, just mentioned that to re-inforce that i'm not one of those pakistani stereotypes who believes that the state of pakistan is the solution to all of the ummah's problems.
     
  7. sherkhan

    sherkhan Veteran

    No point blaming Jinnah now. If it wouldn't have been Jinnah, it would have been someone else with the two-nation theory. A nation with 60% hindus & 40% Muslims, given their fractious relationship, would never have remained integrated and intact. 60 years later, Indian muslims can't wistfully think about partition that should never have been; they need to move on.

    The challenge is to create a common platform for a unified voice that represents Indian Muslims aspirations. Economic clout can wait, higher education needs to come first and political, pan-Indian muslim pressure group needs to be formed.

    ----

    During the recent Pakistan flood disaster, I noted that Muslims in UK (both Pakistanis and Indians) donated huge amount towards the flood relief and as did Islamic countries. I wondered if a similar disaster were to hit India where Indian muslims would be the worst affected, will there ever be such a magnanimous response. Will muslims all over the world ever bother to lend their hand to muslim victims? I don't know of a single charity or relief organisation in India which is specifically geared to channelise the relief to Indian muslims (who are any way marginalised in most government relief work).

    ----


    It's a very cynical point of view. If devil decides to quote your scripture (well the hindu judge didn't even bother with any reference to scripture), then you can't blame sunnis for it.

    ----

    I can't help but think that Sunni Wakf Board (one of the plaintiffs) has bungled their suit. Likes of Zafaryab Jilani and others are small time advocates. Did they even bother to tap the best legal brains to represent their case? In one of meetings (in 1990s) to strike the consensus between hindu bodies and Muslims over this issue, a motley crowd of Sunni Wakf Board landed with a few newspaper clippings to prove that the site and structure belonged to Muslims!

    "The story behind this is that the BMAC officials, no historians themselves, had shown up at the first Government sponsored scholar meeting in December 1990, at which bundles of evidence would be exchanged, with nothing but a pile of photocopies of newspaper articles and book excerpts stating opinions on the Ayodhya dispute, but no historical evidence. The only solid material included pertained to the fairly uncontroversial judicial history of the site since 1857. My reading is that they had been misled into an unwarranted self-confidence by the assurance propagated by certain media-savvy academics that the pro-temple case was completely baseless and fraudulent. To their surprise, they were confronted with a genuine presentation of evidence by the pro-temple party, represented by Prof. Harsh Narain, Prof. B.P. Sinha, Dr. S.P. Gupta, Dr. B.R. Grover, and Mr. A.K. Chatterji. In desperation, the BMAC representatives approached Prof. Irfan Habib of the Indian Council of Historical Research asking him to save them. Habib collected a team of genuine historians for them, led by Prof. R.S. Sharma."


    Sunni Wakf Board should have protested when ASI with VHP historians decided to dig the site and came up 'motivated' findings that even a non-archaeologist would have found incredulous. For the fear of risking hindu sentiments, the board has never disputed the historicity of Ram, when it should have openly done so.

    ----

    Some impartial views on the verdict - here and here. Muslims seem to least perturbed by the verdict, so can you blame the judges!
     
  8. Assalaamu 'Alaykum

    The point is that this judgement was given by the Allahabad High Court and not the "Supreme" court. The Sunni WAqf Will go to SC for this, and this means another 20 years or maybe more.

    I think this is the "WILL" of ALLAH 'AZZAWAJAL, to protect the Muslims, of The Kingdom Which is Ruled by Sarkaar Ghareeb Nawaaz Rahmatullah 'Alayh, from deadly riots which could have replaced the still 'peaceful' country.

    Even if all the three judges would have been Muslims and even if judgement would have been given in the favour of Muslimsr. You would not know the consequences of this. This would have acted as "nuclear bomb". Deadly riots would have broken. Lakhs of muslims would have to suffer from this.

    I know this is unjust. But try to understand the situation. It is better to postpone the catastrophe for time being. If the judgement would have been the other way round, each and every muslim would have to arm himself and prepare for a battle which could have potentially caused a very big loss.

    ALLAH 'AZZAWAJAL Gives The Best Judgement ..

    ALLAH HAAFIZ
     
  9. sunnistudent

    sunnistudent Veteran

    Three parties are involved in this matter.

    Party 1: Ram Janam Bhoomi Nyas ( Hard core hindu group)
    Party 2 : Nirmohi Akhada ( Hard core hindu group)
    Parrty3: Sunni Central Waqf board ( a sunni group, represnting muslims)


    The Judgment bench consisted of three Judge. The order is in 8,500 pages .

    1. Justice Sharma ( Hard core hindu fundamentalist)

    2. Justice Agarwal ( Hindu)

    3. Justice Khan ( Muslim)

    Four main issues were to decided.

    First Issue: Who has the ownership of that land complex?

    Ruling

    Sharma : Only Hindus.
    Agarwal : Both Hindus and Muslims.
    Khan : Both Hindus and Muslims.

    Analysis: Since out of 3 party, 2 are hindu, it means , hindus will get 2/3rd of the land and Muslims will get 1/3rd.


    Second Issue:How should the land be divided?

    Ruling

    Sharma: 100% to ge given to Hindus
    Agarwal: All three parties should get one third of the land.
    Khan : All three parties should get one third of the land .

    Analysis: Since out of 3 party,2 are hindu ,it means hindus will get 2/3rd of the land and Muslims will get 1/3 rd.


    Third Issue: Was Babari Masjid ( mosque) constructed after demolishing a temple?


    Ruling

    Sharma : Yes,Babari masjid was constructed after demolishing a temple.
    Agarwal: Yes, Babari masjid was constructed after demolishing a temple.
    Khan : No, Babari masjid was not constructed after demolishing any temple/structure. However the stones used in this constrcution of the masjid belonged to the stones of some already damaged structure.

    Analysis: ASI ( Archeological survey of India has not been able to prove that babari masjid was constructed after demolishing a temple)


    Fourth Issue:Was the idol of Ram (one among the many hindu god) placed in the Masjid on the night of 22/23 rd Dec 1949 by some human being? Or did it appear from " heaven" as claimed by Hindus?

    Ruling

    Sharma: Placed by Human being
    Agarwal: Placed by Human being
    Khan: Placed by Human being


    Other Ruling/Points

    1.The babari masjid ( which was destroyed by hindu fundamentalist with the help of Indian government) consisted of three domes. After demolishing it , the hindus have occupied the space and are succeefully carrying out Idol worshipping. The idol is placed right under the central dome.

    What will happen to the Idol?
    Ruling: All 3 Judges said Idol will continue to remain there


    2. Is that spot ( where idol is placed) the exact birth spot of Hindu god Rama?

    Ruling : (Sharma and Agarwal ): From the beleif of Hindu people it has to be accepted that it is the exact spot ( where idol is placed , under central dome) where Hindu god Rama was born.

    ( Khan) There is no definite evidence that it is the exact spot where Hindu god Rama was born. Hindus have been claiming different spots with in that large piece of land to be the exact birth spot.



    Analysis



    Hindus are happy that as per this ruling they have now the control of the exact spot where their "god" was born. Also they have 2/3 rd of the land as per this order. However as per the hindu plan not "an inch" was to be given to muslims and no Islamic structure was to be allowed with in that 20 KM from the exact spot of birth. Also , after destroying masjid in 1992 hindus have taken control of the land and successfully carrying out idol worshipping. Muslims have no control or permission to enter any where in that land complex.

    As per this order muslims will have the land with in that land complex ( very close to the exact spot of birth).


    Funny Side of the story

    Hindus have been saying that this masjid was constructed by the Mughal Emperor Babur or by his army commander Mir Baqi.

    Sharma sticks to this opinion and other 2 Judge do not agree to this.

    FINAL REMARKS


    This ruling will come into effect only after 3 months.

    But Sunni Central waqf board is moving to the Supreme court of India aginst this order. It means this ruling will not be effective and the status will remain like it is now.

    So the final ruling will be from the Supreme court of India.


    Please note: In the coming weeks we might see reports on this forum / internet from ASI, all conducted by Hindu archeologist that , Babari masjid was NOT constructed after demolishing any temple/ strcuture.
     
  10. AbdalQadir

    AbdalQadir time to move along! will check pm's.

    la3anahumullaah

    this is a new fad in the modern world, not just india - where stupid, najis kafirs think they have the authority to interpret islam and tell muslims what islam is.

    and like it or not, this is squarely the fault of misguided people claiming to be "sufis" and "sunnis", not the wahabis, even though they are the cause of other political problems for the islamic world.

    this disease is spreading in the west too and many "sunnis" and "sufis" and "inter-faith"ists claiming to oppose the wahabi miltant ideologies bend over backwards to pacify kuffaar at the cost of giving up on islamic ghayrah.

    we have a dire need of true sunni-ism and tasawwuf, which maintained islamic ghayrah, put the kuffar in their place, and yet was not idiotic like the kharji wahabi militants and their offshoots - that of the ottoman era. these days you mention jihad and any topic of islamic ghayrah or call the kafirs as najis, it is not the kuffaar, but other "sufis" and "sunnis" who will lash out at you and try to teach you "aadaab" and "akhlaaq". try it. best case scenario is they will tell you "it (your islamic ghayrah) hurts the cause of dawah"
     
  11. AbdalQadir

    AbdalQadir time to move along! will check pm's.

    this is not an objective 'judgment' by a court that seeks to look objectively at facts.

    it's a (granted from the judges perspective, wise) 'political decision' meant to pacify, for the major part, an idiotic, disillusioned nation that can claim to be an open minded, secular, upcoming economic power etc. as much as it wants - but is as backward as always wallowing in the caste system, bride burning, dowry etc. and more communal than ever - and increasingly becoming one of the tools used by the devil to hurt the cause of islam.

    the court had to play politics or else any fair, one-sided judgment would have caused the true colors of this "modern", "secular", "democratic" nation's fiber to be exposed. current india is an entire nation living a lie and going through an identity crisis.

    it was a carefully planned extra-judicial political decision garbed as a court judgment. there's no two ways about it. the fact that the rss and advani, et al. welcome it with open arms, says a lot.

    ps. i'm not a pakistani, and seeing the state of modern india and muslims in it, i'm an even stronger believer that jinnah, deliberately or unwittingly, acted severely against the interests of islam and muslims; and that the partition has left the muslims of the subcontinent divided and caused them to become weak as opposed to a sizable muslim population of a unified nation having political, social, economic and other advantages. pakistanis tend to bring up their nuclear status when i mention this but in all honesty, modern day pakistan's nuclear arsenal doesn't meant anything in the grand scheme of things, specially considering their political class and whose interests they serve, and they know it.
     
  12. sherkhan

    sherkhan Veteran

    Hindu judges had further gall to claim that the mosque structure was not conforming to the tenets of Islam and hence was illegal!

    For an objective look at "archaeological" finding, see here. Unfortunately I can't get my hand on Sher Singh's brilliant work in 90s for which he was hounded out his civil servant job.
     
  13. sherkhan

    sherkhan Veteran

    "judgement" doesn't come as a surprise to me, although the audacity to issue such flagrant mis-judgement is very disturbing. Effectively 2 hindu judges decided that Ram (the mythical figure) was born on that piece of land. No hard evidence assessed, but "belief" of hindus was held as decisive evidence.

    Archaelogical Survey of India (ASI) provided the smokescreen by claiming that their digging 'miraculously' confirmed the existence of a 'massive' hindu temple under the original Babri masjid. No body asked - even if such archaelogical 'discovery' was true, how did that confirm that Babri masjid was indeed built after demolishing that 'massive' hindu temple? All this while the hindus claimed that Babur demolished the temple, now the judgement ironically says that no proof has been found to show that Babur (or his general Mir Baqi) was involved in building the Babri masjid!
     
  14. abu nibras

    abu nibras Staff Member

    Findings of Allahabad High Court

    It is established that the property in suit is the site of Janambhumi of Ram and Hindus in general had the right to worship.

    It is also established that Hindus have been worshipping the place in dispute as birthplace and visiting it as a sacred place of worship since time immemorial.

    It is proved that the outer courtyard was in exclusive possession of Hindus and they were worshipping throughout and in the inner courtyard.

    It is also established that the disputed structure cannot be treated as a mosque as it came into existence against the tenets of Islam.

    The disputed structure was constructed on the site of old structure after demolition of the same. The ASI has proved the structure was a massive Hindu religious structure.

    The disputed structure was built by Babar, the year is not certain but it was built against the tenets of Islam. Thus it cannot have the character of a mosque.

    The disputed site is the birthplace or Ram. Place of birth is a juristic person and is a deity. It is personified as the spirit of divine worshipped as birth place of Ram as a child.

    (With inputs from PTI)
     

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