New Delhi: The Supreme Court will on Monday hear
arguments in the Ramjanmbhoomi-Babri Masjid title suit in
which a bunch of petitions have been filed by various Muslim
and Hindu groups challenging the Allahabad High Court verdict.
Expressing dissatisfaction over the High Court's verdict
of dividing the 2.77 acre disputed site into three parts among
Muslims, Hindus and Nirmohi Akhara, different religious groups
have approached the apex court.
A bench of justices Aftab Alam and RM Lodha will hear the
appeals filed by Nirmohi Akhara, Akhil Bharat Hindu Mahasabha,
Jamait Ulama-I-Hind and Sunni Central Wakf Board. A petition
has also been filed on behalf of Bhagwan Ram Virajman (seated
The Wakf Board and Jamait Ulama-I-Hind have submitted that
the High Court's verdict should be quashed as it was based on
faith and not on evidence. It contended that the court has
committed an error by holding that the building stood at the
place of birth of Ram.
They submitted that claims of Muslims, Hindus and Nirmohi
Akhara over the controversial site are mutually exclusive and
cannot be shared.
"It was nobody's case in the High Court that the Muslims,
Hindus and Nirmohi Akhara were in joint possession of the
disputed premises. The claims of the three sets of plaintiffs
were mutually exclusive in the sense each set of plaintiffs
claimed the entire property as its own and no one sought a
decree for partition of the property," the appeals said.
The Hindu Mahasabha, on the other hand, has sought only
partial annulment of the majority verdict of the High Court,
which ruled for handing over one third of the disputed site to
Muslims. It sought the apex court's endorsement of the
September 30 minority verdict by Justice Dharam Veer Sharma
who ruled for handing over of the entire land to Hindus.
"Set aside the judgement dated September 30, 2010 by
Justice SU Khan and Justice Sudhir Agarwal to the extent that
one third of the property in dispute has been declared in
favour of Muslims and to allot share to them in the decree,"
said the Hindu Mahasabha in its petition.
It appealed to the apex court "to maintain the judgement
passed by Justice Dharam Veer Sharma" as the effective
A three-judge bench of the High Court's Lucknow bench had
passed three separate judgements on September 30 with the
majority verdict holding that the area covered by the central
dome of the three-domed structure, where the idol of Lord Rama
is situated, belongs to Hindus.
While justice Khan and Agarwal were of the view that the
entire disputed land should be divided into three parts - one
part each to Sunni Waqf Board, Nirmohi Akhara and the parties
representing 'Ram Lalla Virajman', Justice Sharma had held
that the entire disputed area belongs to Hindus.
Earlier, a Delhi MLA Shoaib Iqbal had also filed an
appeal in the apex court but the Supreme Court refused to
entertain it saying the petition "is misconceived. Hence
First Published: Monday, May 09, 2011, 09:36