The Muslim parties in the Ayodhya case said the Constitution Bench should not go into legitimacy of ruler’s action as it has never treaded this path in the past.
“Don’t go into legitimacy of ruler’s action. It is not for Your Lordships to rewrite history, (it) will open a Pandora’s Box. What law will you apply to Babur? If Babur gets involved, Ashoka’s action will also be judged,” senior advocate Rajeev Dhavan, appearing for the Muslim parties told .
The senior lawyer said a mosque will always stay a mosque and even demolition won’t take away the character of the mosque. “The demolished structure at Ayodhya is still a mosque,” he said.
Muslim respondents in the Ayodhya case contended today that there was no claim for the title in the Ayodhya land by the Hindus until 1989 and want the restoration of Babri Masjid as it stood before demolition in 1992. “We are entitled to restoration of the building as it stood as on 5-12-1992,” the petitioners told the court.
The Muslims never lost the title and the claim of title by Hindus in 1886 was denied, the petitioners led by the Sunni Wakf Board maintained at the 38th day’s hearing in the Ayodhya title suit at the Supreme Court.
Justice DY Chandrachud, who was part of the five-judge bench hearing the case, disagreed, saying, “The possession of the outer courtyard with them (the Hindus) continuously and documents show that”.
“Hindus can’t claim the outer courtyard. All facts show the Hindus have the right to pray and not possession,” argued Rajeev Dhavan, who was representing the Muslim petitioners.
When Justice Chandrachud suggested that evidence shows bairagis (mendicants) were staying at the outer courtyard and “there were complaints from your side”, Mr Dhavan said, “All questions are directed to us (Muslim side) only and not to the other (Hindu) side”.
