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Frequently
Asked Questions
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on
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Shri
Rama Janmabhoomi Movement
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3. Summary
of the Legal Findings
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A. Summary
of the Legal Findings Before India's Independence
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* Hindus never relinquished the legal claim to the
Shri Rama Janmabhoomi area, including the temple site and all land
around the temple site.
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* In 1859 the British divided the area into two parts:
one consisting of the Babri structure and the other comprising of
the Rama Chabootra, and the Sita-ki-Rasoi and the entire courtyard
to Hindus. Hindus continued continuous Pooja (i.e. Worship) and
Bhajan (i.e. Prayers and Singing) in that area.
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* In 1885, Mahanta Raghuvar Das filed a case in the
Faizabad Court to renovate the temple near Chabutra area. That case
was rejected. But on appeal the British Judge Col. F.E.A. Cowmiyar
wrote in his judgement that what happened to the Hindus was extremely
sad about the fact that a Masjid was built over one of their most
sacred site some 356 years ago and now it is late to rectify that.
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* During 1934 the domes were at least partially damaged
by the Sants of Ayodhya. After this incident the whole are was declared
off-limit to the Muslims.
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B. Summary of the Legal
Findings After India's Independence:
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* The Revenue Records as recorded in the village
of Ramkot (or Kot-Ramachander) shows that Shri Rama Janmabhoomi
site area as Janmastan.
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On 23 December 1949, the idols of Ram Lalla appeared
(Virajman) in the middle of the floor space under the central dome
and soon after thousands of devotes assembled there to worship and
the practice of continuous Pooja and Bhajan started, in front of
the idols.
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* On 29 December 1949, the city Magistrate exercised
control over the whole area. However, the Poojaris (i.e. Priests)
continued their prayers to Ram Lalla.
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* On 16 January 1950 one Shri Gopal Simha Visharad
filed a suit in the Faizabad civil court for the exclusive rights
of performing Pooja for Ram Lalla and asked the judge to issue orders
to stop anyone moving the idols. A temporary injection was issued
preventing the removal of the idols of Ram Lalla. The civil judge
on 3 March 1951, and later the Division Bench of the Allahabad High
Court maintained that order and dismissed the an appeal. It is interesting
to note that 13 Muslims residents of Ayodhya had filed affidavits
in the proceeding under Section 145 Cr. P.C. before the magistrate.
They provided the affidavits to the effect that the disputed structure
was constructed after demolishing the temple of Janmabhoomi at that
site and that they have no objection if the place remains with the
Hindus. The city magistrate closed the file consigned by his order
30 July 1953, on the ground that there was no longer any apprehension
of breach of peace.
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* On 5 December 1950, Paramahansa Ramachandradasji
also filed a suit asking for the continuation of the pooja and keeping
the idols in the Babri structure. During August 1990 out of shear
frustration with the justice system, the Plaintiff Paramahans Ramachandra
Das withdrew the case.
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* A Muslim filed a suit against the status quo order
(i.e. of not allowing the Muslims to enter any of the area and the
continuation of Pooja and Bhajan in front of Ram Lalla). On 26 April
1955 the case was dismissed.
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* Just as the Statute of limitation was about to
end, after 11 years, 11 months and 26 days after the day when the
idols of Ram Lalla idols emerged in 1949, a fourth suit was filed
by the Sunni Central Board of Waqf of U.P. to reclaim the Janmabhoomi
area for the Muslims.
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* On 16 December 1964 the Faizabad civil judge consolidated
all the suits. After hearing the parties on all the issues the judge
in his 21 April 1966 order said that "no valid notification so far
relenting to the specific disputed property of the present suits
at hand." This finding has become final. This means the court took
the bottom of the Waqf Board's right to suit.
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* On April 1984, the VHP organized the first Dharma
Sansad in New Delhi and Shri Rama Janmabhoomi Mukti Yagna was initiated.
In Uttar Pradesh, the Sants started a Rama-Janaki Ratha Yatra to
create nation-wide awareness and to bring to the notice the earlier
77 encounter to free the Rama Janmastan.
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* On 21 January 1986, Shri Umeshchandra Pandey filed
a suit in the Munsif Magistrate of Faizabad and requested the court
to order the opening of the locks on the gates of the Janmastan
property. On 1 February 1986 the District Magistrate Shri K.M. Pandey
ordered that the locks be opened and further ordered the government
of U.P. not to come in the way of the Pooja and Bhajan or create
any types of obstructions.
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* On 1 February 1986, a Muslim from Ayodhya filed
a suit in the Lucknow bench of the Allahabad High Court against
the opening of the locks. The Sunni Waqf also filed a suit for the
same purpose.
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* During January 1989, the 3rd Dharma Sansad met
at the Mahakhumba in Prayag, and decided to perform Shilanyas on
9 November 1989.
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* On 1 July 1989, Retired Justice of the High Court,
Shri Devakinanda Aggarwal, joined the suit as a friend of the court
on behalf of Ram Lalla and the Janmabhoomi.
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* On 18 October 1989 the Sunni Waqf Board filed a
suit for not allowing any people to the Janmabhoomi area and not
to allow any Shilanyasa within 200 yards from the site. On 23 October
1989 the full Bench rejected the Waqf Board's request.
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* Muslim parties continued their effort of stopping
the Shilanyas by filing two more suits/petitions in the Supreme
Court. On 27 October 1989 the Supreme Court dismissed both cases
and the path for Shilanyas was cleared.
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* On 10 October 1991, the then U.P. government purchased
the 2.77-acre of land, around the disputed Dancha, for the convenience
of the devotees who attend the Ram Lalla darshan etc.
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At this point the Muslim representatives filed a
writ petition in the Lucknow Bench of the Allahabad High Court.
On 25 October 1991, the court after hearing all the parties issued
an interm order stating that U.P. government has every right to
do so. The High Court also said that they would issue a permanent
decision by 4 November 1992.
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* On 30 October 1992 the fifth Dharma Sansad met
in New Delhi and decided to start the Kar Seva on 6 December 1992.
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* On the morning of 8 December 1992 the Central Government
took over the complete Shri Rama Janmabhoomi Parisar area under
its control. The Pooja for Ras Lalla did continue.
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* On 7 January 1993 the Government of India, with
the concept of the Parliament, took over some 67 acres of land all
around the disputed area. But the Muslims took a tough stand stating
that once a place become a Masjid, it does not matter what the new
circumstances will become.
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* On 7 January 1993, the President of India, per
rule 143 (1) of the Parliament, requested the Supreme Court for
its opinion on the subject matter and find out whether there existed
a Hindu place of worship before the disputed Dancha was constructed
over it. The Supreme Court declined.
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* After 21 months of deliberations, on 24 October
1994, the Supreme Court gave its majority decision in favour of
the action taken by the Government under rule 4 (3) and turned the
case back to the Lucknow Bench of the High Court of U.P. Also it
rejected the arguments of the Muslims that once a Masjid it always
remains a Masjid. It further ordered that the Pooja to Ram Lalla
can continue under the central dome and no action should be taken
to change the situation. While turning down the claims of the Muslims
the Supreme Court cited case under the Lahore High Court and the
Privy Council.
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* As of now, the High Court continues to take depositions
from the parties concerned (i.e. Sunny Waqf Board, and Nirmohi Akhada).
Since 1966, on behalf of the Muslims, 16 out of some 103 depositions
have been completed. On behalf of Hindus Paramhans Ramachandradasji
has provided his deposition. On behalf of Hindus some 100 depositions
have been completed.
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