Hearing on larger Bench for Ayodhya ends

The Supreme Court on Friday ended the hearing in the Ram Janmabhoomi-Babri Masjid title suit case on the preliminary issue of sending the case to a Constitution Bench.

The last day of arguments was not without drama as the Sunni Central Waqf Board represented by senior advocate Rajeev Dhavan created a furore by refusing to withdraw his comments made against Hindus who demolished the Babri Majid calling them as “Taliban” and “terrorists”.

The Bench of Chief Justice Dipak Misra, Justices Ashok Bhushan and S Abdul Nazeer told Dhavan that the use of such words in a courtroom was “totally inappropriate” and “uncalled for” as the issue being debated was not who demolished the mosque but whether the hearing on the title suit must go before a Constitution Bench of five judges. On this limited question, the two contesting sides had argued. While Dhavan favoured the matter to be sent to Constitution Bench, the Hindu side objected to this demand.

An ugly scene developed in the courtroom as Dhavan refused to yield to repeated demands by the Bench to maintain restraint. Dhavan, who had stated in his arguments last week that the Hindu Taliban destroyed the mosque, cited an Allahabad High Court ruling that mosque is not integral to Muslims religion as they as they can pray anywhere. Dhavan argued that so long as this ruling is not overturned, there cannot be a decision on the suit as the issue whether mosque is integral to Muslims ought to be considered by a Constitution Bench.

Not prepared to withdraw his comments, Dhavan claimed that the Hindus must bear the cross of destroying a Muslim mosque and what happened on December 6, 1992 was an act of terrorism. The remarks by Dhavan angered a lawyer attending the court proceedings who came charging at Dhavan for branding all Hindus as Taliban.

The court directed the security staff present inside the courtroom to maintain order as other lawyers too intervened to cool down tempers.

The Hindu side has maintained throughout that the suit does not involve any Constitutional issue as it relates to a dispute between two private parties, Sunni Central Waqf Board and the deity, Lord Ram. The Hindus believe that Ayodhya is the birthplace of Lord Ram and a temple existed in this place till in the 16th century, under the Mughal rule, Mir Baqi, the commander of Emperor Babar constructed the Babri Masjid. The litigation on who owns the land has continued for centuries and was resolved on September 30, 2010 by dividing the entire disputed site in three parts, one portion each to Sunni Waqf Board, persons representing Lord Ram Virajman, and Nirmohi Akhara.