Supreme Court Ayodhya Verdict: Key Observations In The Much Awaited Historic Judgment By SC Constitution Bench

The five-judge constitution bench of the Supreme Court has pronounced its judgment in the Ayodhya case.
[READ / DOWNLOAD FULL JUDGMENT HERE]

The Supreme Court has held that the entire disputed land of 2.77 acres in Ayodhya must be handed over for the construction of Ram Mandir. The court also held that an alternate plot of 5 acres must be allotted to the Sunni Waqf Board for construction of a mosque.

The Supreme Court observed that the destruction of Babri mosque in 1992 was a violation of the law. The central government has been directed to formulate a scheme in this regard within three months. A Board of Trustees must be set up for construction of a temple at what was known as the disputed site, the court ruled.

Important Observations

There is clear evidence to indicate that worship by Hindus in the outer courtyard continued unimpeded in spite of the setting up of a grill-brick wall in 1857. Their possession of the outer courtyard stands established together with the incidents attaching to their control over it.

Regarding the inner courtyard, the court held that there is evidence to establish worship by the Hindus prior to the annexation of Oudh by the British in 1857. The Muslims have offered no evidence to indicate that they were in exclusive possession of the inner structure prior to 1857 since the date of the construction in the sixteenth century.

Directions Regarding Alternate Site For The Mosque

Simultaneously, with the handing over of the disputed property to the Trust or body under clause 2 above, a suitable plot of land admeasuring 5 acres shall be handed over to the Sunni Central Waqf Board, the plaintiff in Suit 4.

Three-Way Bifurcation By The Allahabad High Court Was Legally Unsustainable

Three-way bifurcation by the High Court was legally unsustainable. Even as a matter of maintaining public peace and tranquility, the solution which commended itself to the High Court is not feasible. The disputed site admeasures all of 1500 square yards. Dividing the land will not serve the interest of either of the parties or secure a lasting sense of peace and tranquility.

On Allotment Of Alternate Land To Muslims

The allotment of land to the Muslims is necessary because though on a balance of probabilities, the evidence in respect of the possessory claim of the Hindus to the composite whole of the disputed property stands on a better footing than the evidence adduced by the Muslims. The Muslims were dispossessed upon the desecration of the mosque between December 22 and December 23, 1949; which was ultimately destroyed on December 6, 1992. There was no abandonment of the mosque by the Muslims.

In the exercise of its powers under Article 142 of the constitution must ensure that a wrong committed must be remedied, the court ruled.