The Akhil Bharat Hindu Mahasabha has filed a review petition in Supreme Court requesting the court to review its November 9 judgment in the Ayodhya-Babri Masjid case.
The petitioners have challenged the Supreme Court’s direction to the Uttar Pradesh government to allot 5 acres of land to Uttar Pradesh Sunni Waqf Board for construction of a mosque as a “compensatory measure”.
Earlier, various Muslim bodies have already approached the top court with their review petition.
According to the review petition, the petitioner has contended that if Muslim parties have failed to prove that the construction in question at the site is a ‘mosque.
“There is no evidence that any waqf was created, land was dedicated to almighty and any mosque was constructed. Therefore, there is no fact, ground or basis to declare the building in question as mosque or treating that Muslims have any religious right over any part of the disputed building complex. While on the other hand, Hindus have proved that the place in question is being worshipped as birthplace of Lord Ram and therefore the plea filed.”
The plea filed for the Hindu Mahasabha filed by Advocate Vishnu Shankar Jain also urges the top court to reconsider the references made by the court to the same structure as “mosque” or as a “masjid” and the same shall be expunged.
“The building in dispute could not be termed as mosque or masjid or Babari Masjid. In view of the fact and law concerning the case it would be desirable that the Hon’ble Court may delete the word Babri mosque/ Babri Masjid/mosque/masjid in paragraph 788 (XVIII) and wherever occurs in the judgment and the same may be substituted by the word ‘disputed structure’.”
The petition further contends that the allocation of an alternative site to construct a mosque as Muslim parties could not establish their case that the “disputed structure” was a mosque. Hence, giving a piece of land to them would violate the Constitutional principles of secularism.
The petitioner has also made submissions as to why the Hindu parties should not be condemned for the demolition of the Babri mosque on December 6, 1992. The rationale that the petitioner gave for this submission is that Muslims never had a claim to the Ayodhya site. Even if there was a time when they offered prayers in the inner courtyard of the site, it amounts to an encroachment on the sacred land and place of worship for Hindus.
“Those who have trampled the religious place of Hindus cannot be given a prize for such illegal action and they cannot be allotted 5 acres of land to console them on the ground that Hindus have committed some wrong in 1934, 1949 and in 1992. Actually, it was the anxiety of the Hindu community to liberate Shri Ram Janmabhumi and it was their plight to get justice from the historical wrong…. After independence without any further delay Hindus asserted their rights and took complete charge of the inner courtyard and that cannot be said to be an unwarranted or unlawful act.“