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SRI
RAMA JANMA BHUMI
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Historical
and Legal Perspective
By Justice Deoki Nandan
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Bhaye prakat
kripala Deen Dayala
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| Bhaye
prakat kripala Deen Dayala |
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The next report of the Waqf Inspector
Mr. Mohammad Ibrahim, dated 23rd December, 1949, is a tell tale
document. It states that when he went to Ayodhya on 22nd December,
1949 for inquiring into the state of affairs relating to the Masjid
Babari and the Qabristan, he found that Baba Raghu Das had visited
Ayodhya some three months ago to see the Janmasthan, and had spoken
to the Bairagis and the Pujaris, forcefully asking them to organise
Ramayana-Patha at Janmasthan. That message spread and a month later
thousands of Hindus collected there for Ramayana Patha which went
on for many weeks. In the meanwhile the Bairagis dug up and levelled
most of the Qabristan in front and to the South of the 'mosque',
and erected flag-posts and placed stones in place of the graves,
inspite of the Police being posted there during the Patha. This
is followed by some details of the cleaning done by the Bairagis
of some particular graves and the putting up of a Chappar, a thatched
shed, by a Bairagi near the well, and the occupation of the place
by him, as also the clearing up of the sehan darwaza of the 'mosque'
of a pucca grave, and occupation of that area by the Bairagis. It
also recites breaking up of the Ghara and Lota, beating up of the
Muazzin, and the digging up of the Qutba of the 'mosque', as also
the beating up of two Muslims who had come from outside. It adds
that the Masjid was locked at all times, that Is, except on Fridays,
when the lock was opened for two to three hours, and it was cleaned
and Friday prayers said. It also says in the same breath that no
Azan, that is, the call for prayers was given and no prayers were
said at any time, and although the key of the lock was with the
Muslims, the Police did not allow them to open the lock. Even as
to the alleged Friday prayers, the report significantly says that
a great din was caused by the Hindus during the prayer time, to
disturb them, and shoes and stones were hurled from adjacent houses
on the Namazies when they came down the stairs, and the Muslims
were too terrified to protest. Further, according to the report,
when Mr. Lohia visited Ayodhya the Bairagis told him that the place
was Janma Bhumi, and when a Minister visited the place and asked
them not to indulge in excesses, they got enraged, and he had to
return under Police protection. The report says that during the
period several Mahants and Hindu saints asked the Muslims to restore
the place to them if they want to live like brothers, otherwise
they would be treated as enemies. Lastly the Waqf Inspector describes
the 'forcible occupation' of the 'mosque' by the Bairagis on the
morning of 23rd December, 1949, in face of adequate arrangement,
and his escape to Gonda after crossing the Saryu.
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A F.I.R. of the incident was recorded
in the Police Station Ayodhya on 23rd December 1949. It runs thus:
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According to the oral information
given by Constable Mata Prasad when he reached Janma Bhumi at about
7 A.M. that day he came to know that a crowd of about 50-60 men
had by breaking open the locks which existed on the compound of
'Babari Masjid' and also by jumping over the wall with a stair case
entered inside the mosque and installed the Idol of Sri Bhagwan
therein, and written Sita Ramji etcetera with red ochre and yellow
paint. Constable Hansraj on duty asked them not to do so but they
did not heed him. The P.A.C. guard present there was called for
help but by that time people had entered inside the mosque. Other
local officers came to the place and made arrangements. Afterwards
the crowd swelled to 5-6 thousand and shouting religious slogans
and chanting the name of LORD (KIRTAN) surged forward to go inside
but nothing untoward happened due to adequate arrangement. He named
Abhayram Das, Rama Shukla Das and Shivacharan Das and Ramsukal Das
among the crowd of 50-60 persons who had desecrated the mosque by
installing the Idol therein after forcing entry thereinto. The officials
on duty and many others had seen the incident.
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It is significant that no Muslim came
forward to lodge the F.I.R. or to complain of any dispossession
or obstruction in his alleged use of the mosque. On the other hand
in the proceedings under section 145 of the Code of Criminal Procedure,
1898, which were also drawn up by the City Magistrate suo-moto on
29th December, 1949, between the Hindus and Muslims of Ayodhya without
naming any individual as a party, more than 12 Muslims filed affidavits
before him to the effect that the building was constructed by demolishing
Rama Janma Bhumi Temple, that the Hindus never gave up their possession
over the place and had continued to worship their Idols regularly
therein, that during the British Rule the Muslims could say Namaz
on Fridays only, but after the Hindu Muslim riot of 1934 the entry
of Muslims was stopped altogether and the Hindus had taken possession
of the main part of the building also which has continued in their
possession ever since; and lastly that they had no objection to
its continuance in the possession of the Hindus because the saying
of Namaz there was against the Shariat.
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A statement made by a Muslim Havaldar,
Abdul Barkat, who was on duty at Sri Rama Janma Bhumi during the
night between 22nd and 23rd December 1949, recorded by the then
District Magistrate of Faizabad is interesting. A rationalist may
disdainfully brush it aside as a figment of imagination, but miracles
do from part of the lore of almost all the established religions
throughout the world. A concise translation of Abdul Barkat's statement
reads:
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He was on duty at the Police Outpost
Rama Janma Bhumi on the night between December 22nd and 23rd, 1949.
While on duty that night, he saw a flash of Divine Light inside
the 'Babari Masjid'. Gradually that light became golden and in that
he saw the figure of a very beautiful Godlike child of four or five
years the like of which he had never before seen in his life. The
sight sent him into a trance, and when he recovered his senses he
found that the lock on the main gate was lying broken open and an
innumerable crowd of Hindus had entered the building and were performing
the Arti of the Idol placed on a Singhasan and reciting: Bhaye prakat
kripala Deen Dayala.
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On hearing this statement, a Vaishnava
remarked: Bhagwan Sri Rama Lala appears to have showered His Grace
on Abdul Barkat for his keeping guard at the place where he had
Manifested Himself in human form, by giving him His Darshan while
manifesting Himself again in the Idol installed that morning under
the central dome of the building.
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It is indisputable that the Muslims
were completely ousted from the place that eventful day in the early
hours of the morning of 23rd December, 1949. That was Paush Shukla
Tritiya, Samvat 2006 and has been celebrated every year thereafter
as Prakatya Diwas at Sri Rama Janma Bhumi, Ayodhya.
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Proceedings under section 145 of the
Code of Criminal Procedure, 1898, were drawn up suo-moto by the
City Magistrate, "between the Hindus and Muslims of Ayodhya", without
naming any individual as a party, vide- preliminary order dated
29th December, 1949, whereby the building "claimed variously as
Babri Masjid and Janma Bhumi Mandir" was also attached and Shri
Priya Dutta Ram was appointed Receiver to arrange for the care of
the property in dispute. He assumed charge on 5th January, 1950,
and submitted to the District Magistrate a scheme of arrangements
necessary for the upkeep of the worship of the Idol installed within
the building and put it into practice. The Receiver thus took over
and assumed charge of the duties of the Shebait of Bhagawan Sri
Ram Lala Virajman under the central dome of the building at Sri
Ram Janma Bhumi.
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