When the Supreme Court on Wednesday asked Nirmohi Akhara whether it has got any evidence to establish its possession over the Ram Janmabhoomi-Babri Masjid disputed site in Ayodhya, it said, “unshakable faith” of millions of believers is sufficient to prove that the entire disputed site at Ayodhya was the birthplace of Lord Ram.
A five-judge Constitution Bench headed by Chief Justice Ranjan Gogoi asked senior advocate Sushil Jain, representing Nirmohi Akhara, that since it was now dealing with the issue of possession, the Hindu body will have to “establish” its case.
“Now, we are dealing with the possession. You have to establish the possession. If you have any revenue record in your favour then it is a very good piece of evidence in your favour,” said the Bench, also comprising Justices SA Bobde, DY Chandrachud, Ashok Bhushan and SA Nazeer.
The SC commenced hearing on the second day Ayodhya dispute after the efforts to arrive at an amicable settlement through mediation failed.
The Akhara has claimed management and proprietary rights over the disputed site contending it was under its possession since time immemorial and it has the status of ‘shebaitship’ of the deity. “Apart from the revenue records, what are the evidence to show and how did you exercise the right of ‘shebaitship’,” the Bench asked Jain and added, “you have to establish your case.”
Jain tried to establish the fact that Hindu body’s lawsuit seeking re-possession of the site was not barred by the law of limitation.
“The suit is covered by Article 47 of Limitation Act 1908. The property was under attachment of Magistrate under section 145 CrPC. The limitation period starts running only after final order of the Magistrate. Since no final order was passed by the Magistrate, the cause of action was continuing and hence, no question of law suit being barred by limitation arose,” Jain said.
‘Ram Lalla Virajman’, the deity which itself has been made a party to the politically and religiously sensitive case, submitted through senior advocate K Parasaran that the Ram Janmabhoomi has itself become “personification of the deity and an object of worship for the Hindus”.
He asked the court that as to how after so many centuries the proof of Lord Ram’s birth at the place can be shown.
“How will we prove after so many centuries that Lord Ram was born there,” said Prasaran to a five-judge Constitution Bench.
“The unshakeable faith of worshippers and believers is itself evidence that the ‘Asthan’ is the birthplace of Lord Ram,” he said, adding that Valmiki Ramayana also mentions at three places that Lord Ram was born in Ayodhya.