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Lucknow Bench of Allahabad High court comprising three judges delivered its verdict on 30th September 2010. Following are the key points of the verdict:
Justice D V Sharma
The disputed site is the birth place of Lord 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 Lord Rama as a child.
“The disputed structure was constructed on the site of old structure after demolition of the same. The Archaeological Survey of India has proved that the structure was a massive Hindu religious structure.”
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 petitions of both Sunni Waqf Board and Nirmohi Akhara are barred by time
It is also established that Hindus have been worshipping the place in dispute as Janm Sthan i.e. a birth place as deity and visiting it as a sacred place of pilgrimage as of right since time immemorial.
Justice S Agarwal
The area covered under the central dome of the disputed structure is the birthplace of Lord Rama as per faith and belief of Hindus.
The building in dispute was constructed after demolition of Non-Islamic religious structure, i.e., a Hindu temple.
It is held that building in question was not exclusively used by the members of muslim community. After 1856-57 outer courtyard exclusively used by Hindus and inner courtyard had been visited for the purpose of worship by the members of both the communities.
Suits of both Sunni Waqf Board and Nirmohi Akhara are barred by time.
Justice SU Khan
No temple was demolished for constructing the mosque.
Mosque was constructed over the ruins of temples which were lying in utter ruins since a very long time before the construction of mosque and some material thereof was used in construction of the mosque.
That for a very long time till the construction of the mosque it was treated/believed by Hindus that some where in a very large area of which premises in dispute is a very small art birth place of Lord Ram was situated, however, the belief did not relate to any specified small area within that bigger area specifically the premises in dispute.
It is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree.
Key takeaways
· Hindu temple was demolished and on the ruins of that, the disputed structure was erected
· Suits filed by both the Waqf Board and Nirmohi Akhara were barred by time and were liable to be quashed, yet both the parties were awarded a share.
None of the three complainants asked for the partition of the area, yet two judges felt to do so.
RSS sarsanghchalak statement on the verdict
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