New Delhi: On the 27th day of hearing of Babri Masjid title case, the Supreme Court said that the mosque had an idol, even before 1949 when Abhiram Das planted one inside the mosque.
The lawyer of Sunni Waqf Board responded that he noticed a tone of aggression in the words of Justice Ashok Bhushan. When the comment invited displeasure of the bench and lawyers, Rajeev Dhavan expressed his regret. On Wednesday, Justice Chandrachud had opined that since 1855 Hindus might have been praying in Ramchabhutra looking towards the spot, under the main dome of the mosque, as they believed it was Ramjanmabhoomi. Rajeev Dhavan quickly pointed out that the judge was adding points that have not figured in the case documents so far.
On Thursday, when Justice Ashok Bhushan said that there was an idol inside the mosque prior to 1949, Rajeev Dhavan pointed that this argument also does not figure in the claims of the Hindu parties. However, the judges replied that just because the Hindu parties have not referred to that testimony does not mean Court cannot ask questions about it since it is part of witness statements in the Allahad High Court judgment.
Dhavan pointed to the contradictions in the statements of the witnesses and argued that there was no unanimous opinion with regard to the claim that there existed a temple in the land of Babri Masjid.
The dispute in 1885 was about Ramchabhutra, located outside the mosque, which was claimed by the Hindu parties as Ramjanmabhoomi and not mosque. The Hindus prayed in Ramchabhutra located outside the mosque.
In 1885, a petition was filed before Faizabad sub judge demanding building of Ram temple in Ramchabhutra. The sub judge ordered to let the Muslims pray inside the mosque and the Hindus to pray outside the mosque. The judge had refused the claim that Ramchabhutra was the birth place of Ram and that it belonged to the Hindus.
While responding to the remarks made by the judges on Wednesday, Dhavan on Thursday said that there was contradiction in the statements which claimed that the Hindus prayed near the fence.
“There is no evidence to establish that everyone prayed alike near the fence”, the lawyer said.
He also pointed out that the Hindus have not ever claimed that they were meditating in the interior of the mosque.