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"Majority of Muslims dissatisfied": Jamiat Ulama seeks review of SC Ayodhya Verdict

All India Muslim Personal Law Board (AIMPLB) has also decided to file a review petition against SC Ayodhya verdict

Monday December 2, 2019 10:48 PM, ummid.com with inputs from Agencies

Jamiat Ulama Ayodhy Verdict Review Petition

New Delhi: Jamiat Ulama-i-Hind, one of the largest organisations of Muslims in India, Monday filed a review petition in the Supreme Court of India against its order pronounced on Nov 09 in Babri Masjid title suit.

The petition, filed by Maulana Syed Ashhad Rashidi, President of the Jamiat Ulama-i-Hind Uttar Pradesh unit, has raised a volley of questions, challenging the Ayodhya title dispute judgment.

The petition emphasises that from 1528 to 1857 there was no whisper and/or demand of any place called Sri Ram's birthplace within the precincts of the Babri Masjid, and a chabutra (platform) was illegally constructed within the boundary. It was outside the inner courtyard of the mosque.

In this context, the top court had observed that the inner courtyard was a matter of contestation between Hindus and Muslims with "Muslims asserting it to be a place of worship and Hindus periodically contesting it by seeking entry as they had obtained prior to the setting up of the railing," it said.

According to the judgment by a five-judge bench headed by then Chief Justice of India Ranjan Gogoi, the documentary evidence indicates that the riots of 1856-57 led to the colonial government erecting a wall with railings to bifurcate the areas of worship -- for Muslims within the inner courtyard and Hindus in the outer courtyard.

"Prior to the railing's construction there was no restriction on access for Hindus to offer worship inside the domed structure", the judgement said.

The top court observed that the setting up of the platform was proximate both in terms of distance and time. "The establishment of the chabutra is an event, which was an immediate consequence of the setting up of the railing to bifurcate a contiguous and consolidated area into the inner courtyard and outer courtyard", observed the court.

However, Rashidi in his petition said he was conscious of the sensitive nature of the case and understood the need to put a “quietus to the dispute” to maintain peace and harmony, but there “can be no peace without justice”.

“Further, this court has, in an attempt to balance the reliefs between the parties, while condoning illegalities of the Hindu parties, has allotted alternate land ad-measuring five acres to Muslim parties, which was neither pleaded nor prayed for by the Muslim parties,” it said.

The verdict disregarded the settled legal principle and supported “a party which based its cause of action upon an illegal act”, it said, according to PTI.

Hours after the Jamiat Ulema-e-Hind filed the review petition against the Supreme Court’s Ayodhya verdict, the prominent Muslim body’s chief Maulana Arshad Madani said the step was taken as the ruling was not based on “evidence and logic”.

“We have filed a review petition in court. The main contention in the case was that the mosque was built by destructing a temple. The court said that there was no evidence that the mosque was built after destructing a temple, the title of Muslims, therefore, was proven, but the final verdict was the opposite. So we filed a review as the verdict is beyond understanding,” Madani said.

Maulana Arshad Madani had earlier said that a majority of Muslims were dissatisfied and wanted the review petition to be filed. "The number of those in the community who are against the review petition are very few", he said.

All India Muslim Personal Law Board (AIMPLB), another leading organisation of Indian Muslims, has also decided to file a review petition against SC Ayodhya verdict. The Muslim panel sources said the petition is ready and it will be filed a day or two.

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