Tuesday, May 10, 2011

SC stays HC’s ‘strange and surprising’ Ayodhya verdict ,Questions 3-Way Partition When No Party Sought It

New Delhi: The 50-year legal battle for control of the 2.77 acres of Ram Janmabhoomi-Babri Masjid will start from scratch, with the Supreme Court on Monday faulting and staying the Allahabad High Court order dividing the temple-mosque complex among Ram Lalla (the idol of Lord Rama), Hindus and Muslims.

A bench of Justices Aftab Alam and R M Lodha had heard the petitioners — Sunni Wakf Board, guardian of the idol and Nirmohi Akhara — only briefly when they took strong exception to the HC order to partition the land when no party had asked for it. “The fundamental nature of the decree (partition of land) was not sought by any party. The high court has gone on a very new path. This is something very surprising,” it said.
It continued, “This is a case where entirely new dimension is given by the high court. Therefore, the HC judgment must be stayed. Further proceedings will also be stayed relating to drawing up of the decree by the HC.” Justices Alam and Lodha further said, “How can decree for partition be passed as the HC has done? Something very strange has been done by the HC on its own when no party had sought such a relief.”
The bench stayed the September 30 HC order which, broadly speaking, gave two-thirds of the disputed site to Hindu claimants while keeping aside the rest for Muslim groups, leaving the field open for parties to start anew the litigation for control of the land where Babri Masjid stood but which has been claimed by Hindu groups as the site for a Ram temple.


Disputed site of 2.77 acres to be
partitioned equally among 3 parties: Muslims, Hindus and Nirmohi Akhara

Area under central dome of mosque (demolished by kar sevaks) to be allotted to Hindus. Idols to remain where they are. Nirmohi Akhara to be allotted parts of outer courtyard covered earlier by Ram Chabutra, Sita Rasoi & Bhandar

Part of outer courtyard in possession of Hindus may be given to Muslims. If this does not make up shortfall in 1/3rd share in disputed site, Muslims may be given portion of adjoining 67.7 acres

All parties claim relief after SC Ayodhya ruling

Ayodhya: Supreme Court’s stay order on Allahabad High Court’s verdict about Ayodhya title suit has led to varied interpretations here. If the BJP viewed it as vindication of their long claims of absolute ownership, Samajwadi Party supremo Mulayam Singh Yadav saw in it a marked pro-minority tilt. An overly cautious Congress party tried a downplay the issue and confined itself to merely hoping that both communities would honour the `historic verdict;.
SP chief Mulayam Singh Yadav whose public expression of disappointment with high court judgment in the case had created a political storm last September, was found singing a different tune this time. Expressing satisfaction with the order and also with the observation that none of the parties to the title suit had sought division of the disputed land, Yadav hoped that the apex court would now do full justice to the cause.
Diametrically opposite to Mulayam’s view point, BJP MP and former head of the UP party unit Kalraj Mishra saw the judgment as a ‘big respite for the Hindu cause’. “We have always ruled out any possibility of division of the Ayodhya land and this is precisely what the court has now ordered. The judgment has given us a fresh hope that the final victory would uphold our claim, he declared.
In Ayodhya, the mood was no different. Right from mahants to original litigants or their counsel, everyone had his own take on the verdict. Mahant Bhaskar Das, the head priest of Nirmohi Akhara and the oldest litigant in Ayodhya dispute from Hindu side, looked visibly pleased. “I am extremely happy over Supreme Court’s decision,” Das declared. “We are not and never were in favour of division of the land.”

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