New Delhi: PN Mishra, the advocate of the Ram Mandir Revitalisation Committee on Thursday told the Constitution Bench led by Chief Justice Ranjan Gogoi that Quran, the central religious text of Islam, does not permit the building of the mosque on disputed land, on the 15th day of hearing of the Ayodhya land dispute case.
Advocate Mishra had continued his arguments of day 14 of the hearing on Thursday. Presenting his case, PN Mishra said that Allahabad High Court while announcing its verdict had admitted that Muslim parties were not able to provide any evidence confirming that Babur had built the mosque. Mishra argued that there was no evidence that the mosque was built in 1528 by Babur, and Allahabad's High Court's decision was based on an inference.
However, the HC had admitted that it was clear that the mosque was built above the temple, because the remains of the temple have been found from that place, Mishra said.
Responding to HC's conclusion, Mishra had said that in such a situation where there was no evidence, the Muslim parties are not entitled to possession or share of the disputed land. Mishra said when Babur did not get the mosque constructed nor he was the owner of the disputed land, then the Sunni Waqf Board did not have any claim in the case.
Taking the argument forward, Mishra said that Islam does not permit the construction of the mosque on disputed land, even so, Islam does not permit construction of the mosque on a piece of land where another structure existed.
Justice Bobde, of the Constitution bench, asked Mishra clarification on three points-- the existence of a structure cannot be negated, the real question here is that whether the structure was a mosque, if the structure was dedicated to Hindus, and that could a King appoint waqf from the wealth of the state or he would have to buy it first?
The Constitution Bench of the Supreme Court is hearing the Ram Janmabhumi-Babri Masjid title dispute case on a day-to-day basis, which began from August 6. The Ayodhya case is being heard by the Constitution Bench led by Chief Justice of India Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan and Abdul Nazeer.
On Wednesday, PN Mishra had said that it was a possibility that Babur may have never visited Ayodhya, let alone constructing the mosque.
The case pertains to 14 appeals are currently pending before the apex court against the 2010 Allahabad High Court verdict which ordered equal division of the 2.77-acre disputed land in Ayodhya among the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.