Wednesday, November 25, 2020
Home News Reports Ayodhya case day 5: SC asks for exact spot of Ram's birth, Ram Lalla...

Ayodhya case day 5: SC asks for exact spot of Ram’s birth, Ram Lalla lawyer says it is below the Babri Masjid dome

CJI Gogoi reprimands Rajeev Dhavan, the counsel for the Sunni Waqf Board, who objects to Vaidyanathan's citing findings of reports etc and calls this "hop, skip and jump" way of argument.

The day-to-day hearing in the Ram Mandir-Babri Masjid land dispute case in the Supreme Court got into its fifth day, after a three-day interval. After the weekends, the court remained closed on Monday due to Eid. A Constitution Bench comprising Chief Justice of India Ranjan Gogoi, Justices SA Bobde, DY Chandrachud, Ashok Bhushan and Abdul Nazeer is hearing the case.

The 5-judge bench resumed hearing the case with Senior Advocate CS Vaidyanathan, appearing for Ram Lalla Virajmaan, making his submissions in the case.

The Ram Mandir case has been taken up for a day to day hearing after the efforts to arrive at an amicable settlement through mediation failed.

Counsel for deity Ram Lalla Virajmaan puts forth their submissions:

CS Vaidyanathan read out the pleadings of Muslim parties in the case. “They don’t have a case that they have been in continuous possession of the premises”, he submited.

The counsel argued on how the birthplace (Janamasthan) can be regarded as a juridical place. He said that there was a temple at the spot before the mosque was built. There is no evidence that namaz was offered in the inner courtyard, added the senior advocate.

Hindus have been undertaking the holy pilgrimage to Ayodhya since time immemorial. While putting forth this submission, Vaidyanathan cited the reference of a 72-year-old Muslim witness named Mohammad Hasim. According to the lawyer, the witness had testified that Ayodhya is as sacred for Hindu’s as Mecca is for Muslims.

Supreme court asked the Ram Lalla’s counsel, as to which spot was regarded as Ram’s birthplace. To this CS Vaidyanathan submitted that the birthplace was below the central dome of the Babri Masjid. Three judges of the Allahabad High Court had held that there was a temple at the disputed site, Vaidyanathan informed the bench.

By 2:1 majority, the birthplace was narrowed down to the spot under the central dome of the demolished mosque. However, Justice Sharma treated the entire property as the birthplace. Justice SU Khan of the high court had said that the mosque was built on the ruins of the temple,” the senior advocate told the bench.

Citing an SC order, the counsel said that the presence of an idol is not necessary for a place to be regarded as holy in Hinduism. If there is a sense of reverence – religious efficacy is believed- no idol is required for a place to be regarded as holy, said C S Vaidyanathan.

He added, “There is no need for the actual presence of idol, belief and faith of Hindu persons make the place holy. Medieval travelogues by foreign travellers mention parikrama by Hindu devotees at the Ram janmabhoomi. This indicates that the practice of worship in the outer courtyard continued. There is no proof that between 1856 and 1949 there was only a mosque. The evidence will show that between 1855 and 1934 there is no proof that namaaz was actually offered in the mosque.”

Hindus believe, even PM Modi once said Hindus see God in every animal, tree, river, hill, & stone. Then every place & every object is holy. Why give special importance to one place or a temple? Only one of the 2 contradictory beliefs can be true, not both, said the counsel appearing for Ram Lalla.

Meanwhile, Senior advocate K Parasaran, also appearing for deity Ram Lalla Virajman, added to the argument, explaining the abstract nature of Hindu religion and the importance of symbolism.

Justice Ashok Bhushan agreed with Parasaran’s argument, citing the Kamadgiri temple parikrama. “Ram and Sita are believed to have lived on that hill- sanctity attached based on this belief alone”, said the judge.

After the hearing resumed post-lunch, CS Vaidyanathan submitted that the birthplace itself is a deity. It’s not the abode of the deity. So, there cannot be a partition of the Janmasthan.

Quoting (2005) 1 SCC 457, para 16, to state that a religious endowment does not create a title in respect of the property dedicated in anybody’s favour, Vaidyanathan argued that possessory right cannot be claimed against a place which itself is a deity.

Justice SA Bobde asked, so your submission is that there used to be a temple there and by virtue of the ruins, it continues to be a deity? To this the counsel replies, the structure may have been ruined but the faithful devotees remained.

In the meanwhile, CJI Gogoi reprimanded Rajeev Dhavan, the counsel for the Sunni Waqf Board, who objected to Vaidyanathan citing findings of reports etc and called this “hop, skip and jump” way of argument, adding that no evidence has been placed on record yet. Gogoi asked Dhavan to wait for his turn to place his evidence if he so wishes to.

The CJI clarified that the counsels can take as much time as they want to put forth their submissions, “Mr Vaidyanathan you argue your case as you want and take as much time as you want. We are not in any hurry. This is for all the Counsel. Let us be loud and clear here. We are not in any hurry and we don’t want any more interruptions”.

With this, the bench concluded the hearing for the day, and it will resume tomorrow.

The daily hearings were prescribed by the Constitutional bench on August 2 after taking note of the failed mediation by a three-member panel led by former Supreme Court judge FMI Kalifulla, also comprising of spiritual guru Sri Sri Ravishankar and senior advocate and renowned mediator Sriram Panchu.

The panel had said in its report that the Hindu and the Muslim parties had not been able to find a solution to the long-standing title suit.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staff
Staff reporter at OpIndia

Related Articles

Trending now

Allahabad HC upheld ‘conversion only for marriage invalid’ when a Muslim converted to Hinduism, does u-turn when a Hindu converted to Islam

The Allahabad HC had also ruled that SC had observed in several cases the right to choose a partner is an integral part of Fundamental rights

Far away from India, a Vedic ecosystem rises in Texas Gaushala

In January 2020, I shared the story of Abhinav Goswami, who decided to bring to America the gifts of ancient India

Pakistan Court, which granted custody of 13-year-old Christian girl to 44-year-old Azhar, exonerates abductor, says ‘no rape’: Shocking details

Earlier the Pakistan court had granted the custody of a 13-year-old girl Christian girl to her 44-year-old abductor Ali Azhar

Muzaffarnagar: Yogi govt demolishes illegal construction on 100 Bighas of forest dept land by Islamic preacher Pir Khushal Miyan

A letter written by Union Minister of State Dr Sanjeev Balyan to the DM ordered the authorities to get the land belonging to the forest department vacated at the earliest.

J-K admin makes public list of beneficiaries under ‘illegal’ Roshni Act, names of former PDP minister, Congress leader, Farooq Abdullah etc emerge: Details

The Jammu and Kashmir High Court had deemed the Roshni Act as illegal, directing the gvt to publish list of land beneficiaries on the official website

Grooming Jihad in Jharkhand: Rahim becomes Arjun, tells the Hindu woman to first convert to Islam if she wants them to get married

The latest case of Grooming Jihad (Love Jihad) has emerged from village Behera in the Hazaribagh district of Jharkhand.

Recently Popular

Anvay Naik suicide case for which Arnab Goswami was arrested: Letters exchanged, the closure report, and unanswered questions

On 4th of Nov, the country watched as Arnab Goswami was dragged out of his house by over 20 armed policemen for a closed 2018 suicide case

Fraud fact-checker accuses TrueIndology of lying, when caught, wants an HD-quality photo from 1904

Pratik Sinha's lies were exposed in an OpIndia report. After his shoddy 'fact-checking' was called out, he has now resorted to name calling and shifting goalposts.

German police barge into the house of anti-lockdown activist Dr Andreas Noack, arrest him during YouTube livestream: Watch video

Dr. Andreas Noack, was arrested by the German Police on Wednesday in what appears to be a gross violation of personal liberty.

Pratibha Patil is trending on Twitter and it is not what you think. Read details

Former President Pratibha Patil was trending on Twitter and it was not because of what people think.

Uttar Pradesh: Golu and Guddu kill driver Mushtaq with an axe for harassing their sister, surrender to police

The brothers, Golu and Guddu, reportedly reached the police station with a blood-stained axe and confessed to killing Mushtaq.

Actress Sana Khan who quit bollywood for Islam marries a Muslim cleric who was introduced to her by hatemonger Ajaz Khan

Sana Khan married the Muslim cleric in a small intimate ceremony in Surat. The newly married couple also cut a cake after the wedding.
- Advertisement -

Delhi Riots case: Court says enough material on record to proceed against Umar Khalid, Sharjeel Imam and Faizan Khan for offences under UAPA

All the three accused Umar Khalid, Sharjeel Imam and Faizan Khan were arrested for their alleged role in the anti-Hindu Delhi riots case.

Airport in Ayodhya to be named Maryada Purushottam Sri Ram Airport, Yogi gives assent

Yogi Adityanath has cleared a proposal to rename the Ayodhya Airport to Maryada Purushottam Sri Ram Airport, Ayodhya.

Karnataka High Court dismisses murder convict’s defence, says refusal to marriage cannot be accepted as ‘sudden provocation’ for committing murder

The Karnataka High Court noted that agreeing to the defence that 'grave and sudden' provocation led the accuse to murder the victim will rob the woman of her choice and dignity

Haryana Health Minister Anil Vij becomes first to get trial dose of India-made COVID vaccine

Haryana Health Minister Anil Vij was administered a trial dose of India made Covaxin at a hospital in Ambala on November 20

Habitual offender Rehana Fathima given last warning by Kerala High Court after violating bail condition in ‘Gomatha’ cookery video

In the cookery video titled Gomatha Ularthu, Fathima kept referring to the meat as Gomatha. The High Court let her go giving her last opportunity to 'improve'.

Uttar Pradesh: Shahid once again elopes with minor girl belonging to other community after securing bail; family demands strict action

Shahid had lured the same girl away in March as well after which he was jailed but sections of POCSO were not invoked.

Anti-Conversion law: Yogi government approves ordinance against unlawful religious conversions, violations to attract up to 10 years in jail

The anti-conversion ordinance passed by Uttar Pradesh govt also has provisions for 10 years’ jail for mass conversion

Allahabad HC upheld ‘conversion only for marriage invalid’ when a Muslim converted to Hinduism, does u-turn when a Hindu converted to Islam

The Allahabad HC had also ruled that SC had observed in several cases the right to choose a partner is an integral part of Fundamental rights

HuffPost India shuts shop days after public notice asking for lowering down FDI in digital media

HuffPost India is shutting down its operations from the 24th of November, an announcement on its website read.

A couple tries to self-immolate outside Odisha assembly, alleges police inaction in their child’s murder case as suspect belongs to ruling BJD

The couple alleged that neither the police nor the administration helped them as the suspect was close to the the ruling Biju Janata Dal (BJD) minister Arun Sahu. A case was registered by the police but no arrest was made.

Connect with us