Babri Masjid title suit: Muslim petitioners sure of victory

By Mumtaz Alam Falahi,, series: Ayodhya 2009

Support TwoCircles

This coming February 9 Muslims will conclude their arguments in the Babri Masjid title suit in Lucknow before the Special Bench of the Allahabad High Court. Then Hindus will start their arguments which may take about six months to conclude. Muslims are more than 100% sure that they will win the case as they have evidences, not just faith and sentiment – the sole point of Hindus.

Muhammad Hashim Ansari of Ayodhya, who is a petitioner in the case since 1949, told that only force and politics can keep Muslims from winning the case as they have strong evidences to prove it is a mosque since 550 years.

Ninety-year-old Hashim Ansari says: “If force and politics are not used we are going to win the case as evidences more than 550 years old are with us. As far as law and evidence is concerned the verdict cannot go against us.”

“One case was filed by Gopal Singh Bisharat. That was without notice, that should have been rejected, but wasn’t. Second case was filed by Ram Chandra Pramhans, in which five Muslims were made party. That should also have been rejected as the mosque was not property of five Muslims, but this too was not rejected. Third case was filed by Narmohi Akhara. That Akhara had lost case in 1885 and 1886. It again filed the case. They have made a mockery of judiciary,” says Hashim.

The three-member Special Bench of the Allahabad High Court comprising Justice Syed Rafat Alam, Justice Sudhir Kumar Agrawal and Justice D V Sharma is hearing five title suits to adjudicate property dispute of over 67 acre area (which has been acquired by the Central Government after the demolition) of Babri Masjid complex in Ayodhya, Faizabad (Uttar Pradesh).

Mohammad Hashim Ansari

Before the constitution of the Special Bench in July 1989 by the Allahabad High Court, the title case was being heard by Faizabad District Court. The Special Bench was constituted after Allahabad High Court agreed to the Uttar Pradesh Government plea to withdraw all the five suits from Faizabad District Court for the speedy trial by the High Court itself. Since its constitution the Bench has been reconstituted more than dozen times. This December it will be 60 years since the title case of Babri Masjid was filed.

Hashim Ansari blames the government for the delay. “The case is being delayed by the government in a planned way. They don’t want to resolve the issue. On one hand is bhavana (sentiment) and on the other is evidence.”

Haji Mahboob Ahmad, a petitioner in the case, echoes Ansari. “Government is responsible for this. The delay is politically motivated,” Haji Mahboob tells TCN.

“Our position is strong. More than 100% I am sure we are going to win the case. Hindus and VHP leaders also know that Muslims are strong in the case as far as evidences are concerned. They have just one thing: aastha (faith) but court wants evidence which is with Muslims alone,” says he who was also attacked by karsevaks on 6th December 1992. He lives metres away from the disputed land.

If even after decades the Special Court gives verdict in favor of Muslims, will Hindus accept it? “Never. That’s why they have started preparation to take the case to Supreme Court.”

Haji Mahboob Ahmad

On an out of court solution to the dispute, Haji Mahboob says: “We have always been ready, and still are, for out of court solution. We never opposed construction of a Ram Temple in Ayodhya. We have proposal for out of court solution, without going against our religion. But they won’t come up. They just want to prolong the case. As they are going to lose the case in the High Court, they are preparing to take the case to Supreme Court.”

Haji Mahboob’s father Haji Muhammad Pheku was among the initial petitioners of the case. He had filed with the police the report about the installation of an idol in Babri Masjid. After his death the Sunni Central Wakf Board took up the case in 1960/61.

In his ongoing arguments on behalf of Muslims in Special Bench Advocate Zafaryab Jilani has contended that even from the statements of witnesses from the opposite party including Narmohi Akhada, it is not proved that there was any idol in the mosque before December 23, 1949. The previous night an idol was installed in the mosque.

It seems that even Muslims have lost interest in the case and there are a few people talking about it. The situation upsets Mohammad Hashim Ansari. He is angry with Muslim political leaders who, he says, are not supporting the case.

“Muslim leaders have brought harm to the Babri Masjid movement. The Ramjanambhoomi movement is being supported by wealthy Hindus and politics of the government but we are not collecting a penny for Babri Masjid movement. Our Muslim leaders are in BJP, Congress and Samajwadi Party just for their own benefits. They are befooling Muslims.”

“I am pursuing the case since 1949. In 1954 when I took out an agitation I was arrested along with 100 Muslim youths. Congress was ruling the state and centre. Again I was arrested under MISA. This was to force me to give up the case.”