The five-judge Constitution bench headed by Chief Justice of India Ranjan Gogoi hearing the Ram Janmabhoomi-Babri Masjid land dispute case on a day to day basis told the counsel appearing for the Muslim parties that the faith of Hindus in the Ram Janmabhoomi-Babri Masjid land dispute case would be difficult to question.
It would be difficult to question the faith of Hindus with regard to Ayodhya as the birthplace of Lord Ram as even some Muslim witnesses have termed it as sacred for the Hindus as Mecca is for them, the Supreme Court said on Monday, which marked the 29th day of hearing in the Ayodhya case.
The bench was delving into submissions made by the Muslim parties’ counsel that a physical entity was necessary and an empty place could hardly form a juristic person.
The bench had on Monday questioned Rajeev Dhavan appearing for the Sunni Wakf Board on whether the divinity and the “exact form” of an idol were necessary to hold that they have “juristic personality”.
“Even Muslim witnesses (during the trial) have said that Ayodhya to Hindus is as sacred as the Mecca is for them. It will be difficult to rebut the belief of the Hindus,” said the bench which also comprised Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.
Rajeev Dhavan had argued before the five-judge bench that they respect Ayodhya as Ram Janmbhoomi but have difficulty to accept it as a deity. He said that belief alone could not be the sole foundation to claim title and accord juristic status to the “Janmasthan” (birthplace).
Dhavan objected to the move to make the birthplace a party to the lawsuit filed on behalf of the deity Ram Lalla Viarajman for claiming juristic status for the sacred land.
“They just say Lord Ram was born here. None of the contours of the area is mentioned anywhere in the plaint. The suit is thus merely a vehicle to destroy and build a temple. They have argued that all existing structures be demolished at Ram Janmabhoomi and a new temple be constructed,” he said.
Dhavan added that there should be some kind of physical manifestation of a deity or an idol and questioned the top court on the “objective aspects” to support the claim.
The court, however, directed him to provide a list of deities or idols that have been granted the status of juristic personalities. The lawyer in his response said he would have to write 18 research papers for the same.
Earlier, Dhavan had argued that once a Mosque has been built, it always remains a mosque and it cannot be removed.
The hearing in the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute case has entered its 30th day today. Chief Justice Gogoi has set October 18 as the tentative date to finish the hearing in the case. He had also said that the parties involved in the Ram Janmabhoomi-Babri Masjid dispute case were free to settle the matter, through mediation as well if they so desired. They have been asked to place the dispute settlement report before the bench.