Published On:15 December 2010
Posted by Indian Muslim Observer
Babri Verdict: Sunni Wakf Board moves to Supreme Court
IMO News Service
The Uttar Pradesh Sunni Central Wakf Board moved on 14th December the apex court on Babri Masjid-Ramjanmbhoomi title suit, well within the 90 days’ time limit for a corrective petition, pleading that the judgment of Lucknow bench of the Allahabad High Court as passed on 30 September this year was based on faith rather than on legal evidence. The Board’s contention is that it is incumbent upon it to approach the Supreme Court on the ground that “the High Court verdict has committed an error in holding that the building was at the place of birth of Ram”.Akhil Bharat Hindu Mahasabha was the first petitioner moving to the apex court in the case followed by Jamiatul Ulama and now one of the original contenders of the title suit Sunni Wakf Board has knocked the door highest judiciary in the final stage of the litigation. Mahasabha filed a caveat for preempting any ex parte order on the Ayodhya title suit whereas the Jamiat has filed a prayer for intervention in this regard.
The Board submits that the Lucknow bench solely bases its finding on a flight of faith rather than documentary evidence to show that Ram was born exactly under the central dome of the mosque. Zafaryab Jilani who appeared for the Board in the high court holds on the occasion, “To give prominence to the factor of belief and faith over the Indian Evidence Act, a parliamentary statute, is a violation by itself.”
The petition makes the point that the judgment violates some of the fundamental principles enshrined in the Constitution such as freedom to practice religion by choice under its articles 25 and 26. The move of the Sunni Wakf Board derives its strength from the fact that record placed by Nirmohi Akhara proves that till 1941 Hindus believed that Ram Chabootra was the birth place and not the mosque itself.
Perhaps other parties of the dispute and All India Muslim Personal Law Board will also move the Supreme Court shortly, before the 90 days’ time limit expires on 29th instant.
