Shia board moves SC for ownership of Babri Masjid


It has also been put forward by the top court that the parties that have participated to translate the evidence into English within 12 weeks exhibit of paper work.

The court also wanted time as substitutes of several petitioners and respondents who were no longer alive could be made party in the case by serving them notice and copy of the documents.

Filing an affidavit, the Shia Waqf Board on Tuesday said a mosque can be built in a Muslim-dominated area maintaining a reasonable distance from Lord Ram's birthplace in Ayodhya.

A major part of the deliberations revolved around the issue of completion of the pleadings as the Sunni Waqf Board and the Nirmohi Akhara took a tough stand that till the entire set of documents was translated, the hearing should not commence. An earlier apex court order had ordered that the papers be translated and digitised because it proceeds with its final hearing in the matter.

In 1992 a large "group" of Hindus demolished the 16th century Babri Mosque in the UP city of Ayodhya after a political rally at the site turned violent.

Senior counsel CS Vaidyanathan, representing Lord Ram Lalla and Additional Solicitor General Tushar Mehta, representing the UP government, asked for an early hearing of the matter, but senior advocates Kapil Sibal, Anoop George Chaudhari and Rajeev Dhavan, representing other parties, were not in favour of commencement of the hearing before January next year. The three-member Lucknow bench passed the verdict by a 2:1 majority.

At the outset, BJP Subramanian Swamy submitted that he has filed a writ petition seeking declaration of his right to worship was to be given precedent over the right to property and it must be decided first.

The board alleged the mosque was being looked after by the Shia community even since it was constructed but the British government had erroneously included it amongst the Sunni Waqfs in 1944 and it had approached Faizabad civil court in 1945 which had dismissed its claim a year after.

The Supreme Court suspended the High Court's verdict in 2011, but has yet to begin hearing appeals by the parties involved.

Numerous original plantiffs and defendants in the matter including Mohd Hashim, who was the first person to take the matter to the apex court, have died.

This prompted the bench to ask the parties, "What were they doing in the past seven years when the appeal against the 2010 Allahabad High Court was not listed here?"