न टीवी पर न किसी पोर्टल पर , पहली बार बलिया एक्सप्रेस पर : वह ऑरिजिनल सुप्रीम फैसला जिसने कहा - इसी गर्भ गृह में जन्मे थे भगवान राम , देखे यहां ......
न टीवी पर न किसी पोर्टल पर , पहली बार बलिया एक्सप्रेस पर : वह ऑरिजिनल सुप्रीम फैसला जिसने कहा - इसी गर्भ गृह में जन्मे थे भगवान राम , देखे यहां ......
मधुसूदन सिंह , ए कुमार की प्रस्तुति
बलिया 9 नवम्बर 2019 ।। लगभग 400 सालो के विवाद को आज के जिस 1045 पेज वाले फैसले ने सदा सदा के लिये समाप्त कर दिया , सबको बता दिया कि जो अयोध्या का विवादित गर्भ गृह कहलाता था , वह विवादित नही विश्वविदित प्रभु श्रीराम का जन्म स्थान है , डंके की चोट पर साक्ष्यों और आस्था के आधार , दोनो पर कहा -- यही है रामजन्म भूमि । इसी फैसले की वो बातें पहली बार आप सबके सामने हूं बहूं उसी रूप में प्रस्तुत कर रहा हूँ जैसा फैसले में माननीय जजो ने लिखा है । यह मूलप्रति की ऑरिजिनल कॉपी है जो अंग्रेजी में है । इस को पढ़कर समझिये कि हमारे विद्वान न्यायाधीशों को इस फैसले से पहले क्या क्या पढ़ने और समझने पड़े है ।
sufficient religious texts, which led the Hindus to believe the present site of Ram Janma Bhumi as the birthplace of Lord Ram.
Faith and belief regarding Karma Sthan during the period 1528 A.D. to 31.10.1858
73. During this period, "Sri Ramacharitamanasa" of Goswami Tulsidas was composed in Samvat 1631 -1574-
75 A.D.). The Ramacharitamanasa enjoys a unique place and like Valmiki Ramayana is revered, read and respected by Hindus. which has acquired the status of an Epic in Hindu faith. Goswami Tulsidas in Bala
Kanda has composed verses, which are spoken through Lord Vishnu. When Brahma appealed to Vishnu to relieve
the Devas, Sages, Gandharvas and earth from the terror of Demon Ravana (Ravana), Lord Vishnu said that I will take a human form and born to Dasaratha and Kausalya
in kosalapuri. After Doha 186, Bala-Kanda in following three chaupaiyas (Verses), Lord Vishnu says:
जनि डरपह मुनि सिद्ध सुरेसा । तुम्हहि लागि करिहउँ नर बेसा ॥
अंसन्ह सहित मनुज अवतारा । लेउँ दिनकर बंस उदारा ॥१॥
"Fear not. 0 sages, Siddhas and Indra
(the chief of gods ): for your sake I will
assume the form of a human being. In the
glorious solar race I shall be born as a
human being manifestations." along with
My part
कस्पप अदिति महातप कीन्हा । तिन्ह कहुँ में पूरब बर दीन्हा ।
ते दसरथ कौसल्या रूपा। कोसलपुरी प्रगट नरभूपा ॥२॥
The sage Kasyapa and his wife Aditi did
severe penance: to them I have already
vouchsafed a boon. They have appeared in
the city of Ayodhya as rulers of men in the
form of Dasaratha and Kausalya.
तिन्ह के गृह औरत रिहरउँ जाई । रघुकुल तिलक सो चारिउ भाई ॥
नारद वचन सत्य सब करिहँ। परम सक्ति समेत अवतरिहउँ।३॥
"In their house 1 shall take birth in
the form of four brothers, the ornament of
Raghu's line. I shall prove the veracity
of all that was uttered by Narada and shall
descend with my Supreme Energy .
The above chaupaiyas does not only refer to Vishnu taking human form in Awadhpuri, 1.e. Ayodhya but the verse specifically mentions that he will take
human form at the house of Dasaratha and Kausalya. The above verses do not only refer to birth of Ram at Ayodhya but points out to "a place", where he will take
human form, which is clearly depicted in the words"tinha ke grah" (in their house of Dasaratha and
Kausalya).
75. Contesting parties have referred to and relied on various Gazetteers, travelogues books relating to this period. According to Hindu parties relevant books and
Gazetteers during the relevant period amply proves the faith and belief of Hindus in the Janma Asthan of Lord Ram, which was worshipped by Hindus throughout. Dr.
Rajeev Dhavan on the other hand contends that Gazetteers of period prior to 1858 cannot be looked into and Gazetteers prepared under the British Government after 1858 can be of some assistance. He
submits that Gazetteers prepared during the regime of East India Company cannot be relied nor can be called Gazetteers. With regard to all travelogues account published in different books, Dr. Dhavan submits that
no reliance can be placed on the said accounts given by travellers, since they are only all hearsay and they were only by their account telling stories. It is necessary to first consider as to whether Gazetteers
and travelogues books can be treated as an evidence by Court for considering the issue, which had arisen before the Court in the suit giving rise to appeals in question. The Evidence Act, 1872 consolidated, defined
and amend the law of evidence. The evidence is defined in interpretation clause, ie.. Section 3 The definition of evidence as amended by Act 21 of 2000 is as follows:
"Evidence".- includes "Evidence" means
and
(1) all statements which the Court permits
or requires to be made before it by
witnesses, in relation to matters of
fact under inquiry.
such statements are called oral evidence:
(2) all documents including electronic
records produced for the inspection of
the Court.
such documents are called documentary
evidence.
76 Section 57 of the Evidence Act. enumerate the facts of which the Court must take judicial notice.
Section 57 insofar as it is relevant for the present case is as follows:
"57. Facts of which Court muat take judicial notice. - The Court shall take judicial notice of the following facts:
(1) All laws in force in the territory of
India;
books. In sukhdev singh Va. Maharaja Bahadur of Gidhaur, AIR 1951 SC 288, this Court held that Gazetteer is an official document of some value as it is compiled by experienced officials with great care.
Following observations were made in paragraph 10
The statement in the District Gazetteer
is not necessarily conclusive, but the
Gazetteer is an official document of some
value as it is compiled by experienced
officials with great care after obtaining
the facts from official records. As Dawson
Miller. C.d. has pointed out in Fulbati
case. AIR 1923 Patna 423, there are a few
inaccuracies in the latter part of the
statement quoted above, but so far as the
earlier part of it is concerned, it seems
to derive considerable support from the
documents to which reference has been
made.
78. In Gopal Krishnaji Ketkar Vs. Mahomed Jaftar Mahomed Hussein, AIR 1954 sc 5, this Court had referred to and relied on the Gazetteer of Bombay. In paragraph 4, the Court was examining nature of a tomb which belong to Eighteenth century. In paragraph 4, this Court Stated:
"4. The shrine has a curious, and in some
respects legendary. history. Its origin is
lost in antiquity but the Gazetteer of the
Bombay Presidency tells us that the tomb is
that of a Muslim saint who came to India as
an Arab missionary in the thirteenth
century. His fame was still at its height
when the English made their appearance at
Kalyan, near where the tomb is situate, in
the year 1780. As they only stayed for two
years, their departure in the year 1782 was
ascribed to the power of the dead saint.
79. A Constitution Bench of this Court in Mahant Shri Srinivasa Ramanujan Da Vae. suryanarayan Das and Another,
AIR 1967 sc 256 had occasion to consider Puri Gazetteer of O'Malley of 1908. In the Gazetteer, the history of Emar Math was addressed. It was contended by the
appellant before this Court that Gazetteer cannot be treated as an evidence. The Court held that Gazetteer can be consulted on matters of public history paragraph 26, following was laid down:
26. It is urged for the appellant that what
is stated in the Gazetteer cannot be
treated as evidence. These statements in
the Gazetteer are not relied on as evidence
of title but as providing historical
material and the practice followed by the
Math and its head. The Gazetteer can be
consulted on matters of public history.
80. This Court in Bala Shaniar Maha Shanker Bhatte and Others Vs. Charity Commissioner, Gujarat State,
1995 Supp (1) SCC 485 had occasion to consider Gazetteer of the Bombay presidency. Vol. Il published in 1879 This Court held that Gazette is admissible
under Section 35 read with Section 81 of the evidence Act. 1872 It was held that the court may in conjunction with the other evidence may take into consideration in adjudging the dispute in question though it may not be treated as conclusive evidence.
The recitals in the Gazette with regard to location of temple of Kalika Mataji on the top of the hill was relied. In paragraph 22, following was laid down:
"22. ..It is seen that the Gazette of the Bombay Presidency, Vol. III published in 1879 15 admissible under Section 35 read with Section 81 of the Evidence Act, 1872 The Gazette is admissible being official record evidencing public affairs and the court may presume their contents as genuine. The statement contained therein can be taken into account to discover the historical material contained therein and the facts stated therein is evidence under Section 45 and the court may in conjunction with other evidence and circumstance take into consideration in adjudging the dispute in question, though may not be treated as
conclusive evidence. The recitals in the
Gazette do establish that Kalika Mata is
on the top of the hill, Mahakali temple and
Bachra Mataji on the right and left to the
Kalika Mata. During Mughal rule another
Syed Sadar Peer was also installed there,
but Kalika Mata was the chief temple
Hollies and Bills are the main worshippers
On full moon of Chaitra (April) and
Dussehra (in the month of October), large
number of Hindus of all classes gather
there and worship Kalika Mata, Mahakali
etc
81. In view of the above discussions, the law as noted above clearly establish that Court can take into consideration the Gazetteers under the Evidence Act, 1872, even though, the statement in Gazetteers will not be treated as conclusive evidence but the presumption of correctness of that statement is attached to it.The admissibility of books and travelogues cannot be denied in view of Section 57. Section 81 of the
Evidence Act also contemplate for a presumption of genuineness of every document purporting to be any official Gazette of the Government Gazette. Section
81 of the Evidence Act is as follows:
"81. Presumption to dazettes.newspapers, private Acts of Parliament and other documents.-The Court shall presume
the genuineness of every document
purporting to be the London Gazette, or any
Official Gazette, or the Government Gazette
of any colony, dependency of possession of
the British Crown, or to be a newspaper or
journal, or to be a copy of a private Act
of Parliament of the United Kingdom printed by the Queen's Printer, and of every
document purporting to be a document
directed by any law to be kept by any
such if person, document kept is substantially in the form required by law
and is produced from proper custody.
82. Now, remains the next contention of Dr. Dhavan that Gazetteers prior to 1858, when the sovereignty of the area was not under direct control of British. during the regime of East India Company, cannot be relied. In
the present case, the Gazetteers, which have been relied are of the Gazetteers of Nineteenth Century The East India company by Charter from Queen Elizabeth
on 31121600 were permitted to trade in the East Indies. The Company initially setup a factory at Surat (State of Gujarat) in 1619. The jurisdiction and power of East India Company were enlarged by various charters issued by the Queen and subsequently by enactments made
by the British Parliament. By 1805, several functions in Oudh area were also entrusted to the East Indies Company including establishment of Sudder Court in Oudh
area. East India Company, by beginning of Nineteenth Century, was not only a trading company but had statutory and governmental power as entrusted by Charters and Acts of the British Parliament with agreement of Nawab of Awadh in 1801. In any view of the matter, the Gazetteers, which were prepared during the regime of the East India Company in the Nineteenth Century contains a record of public history and they are clearly admissible under Section 57 of the Evidence
Act. Therefore, there is no substance in the
Submission of Dr. Dhavan that Gazetteers prior to 1858 should not be looked into.
83. During the relevant period, the first important historical book, which contains the minutest details of administration in the regime of the Akbar is A-in i-Akbari, which was completed in Sixteenth Century
The A-in-i-Akbari was work of Abul-Fazl Allami, who was one of the Ministers in the Akbar's Court. The A-in i-Akbari was translated by H. Blochmann from persian
to English. Col. H.S. Jarrett translated Vol. No.II. Shri Jadunath Sarkar, a Historian of repute corrected and further annotated Vol. 11 translated into English by Col. H.S. Jarrett Shri Jadunath Sarkar in his
Editor's introduction has observed that Second volume was designated to serve as a Gazetteer of the Mughal Empire under Akbar. Jadunath Sarkar says that Third
volume of the Ain-i-Akbari was encyclopedia of the religion, philosophy and sciences of the Hindus. The above was stated by Jadunath Shankar in following
words:
The third volume of the Ain-i-Akbari is an
encyclopedia of the religion, philosophy
and sciences of the Hindus, preceded by the
chronology and cosmography of the Muslims. as required by literary convention, for comparison with the Hindu ideas on the same subjects. The second volume was designed to serve as a Gazetteer of the Mughal Empire
under Akbar. Its value lies in its minute
topographical descriptions and statistics
about numberless small places and its
survey of the Empire's finances. trade and
industry, castes and tribes."
84. In second volume of the Ain-i-Akbari details have been given regarding "The Subah of Oudh". a description of Awadh (Ayodhya) mentioned that Awadh (Ayodhya) is one of the largest cities of India. The description refers to Oudh as residence of Ramchandra following is
the description given at page 182 Vol.2:
"Awadh (Ayodhya) is one of the largest
cities of India. In is situated in
longitude 118 6, and latitude 27, 22. It
ancient times its populous site covered an
extent of 148 kos in length and 36 in
breadth and it is esteemed one of the
holiest places of antiquity. Around the
environs of the city. they sift the earth
and gold is obtained. It was the residence
of Ramachandra who in the Treta age
combined in his own person both the
spiritual supremacy and the kingly office.
85. Further Volume III, Chapter VI contains a heading "The Eighteen Sciences. The description refers to Vedas and 18 Puranas and other religious texts. The book also refers to Avatars (incarnation of the Deity)
in the following words:
"Avataras or Incarnations of the Deity They believe that the Supreme Being in
the wisdom of His counsel. assumes an
elementary form of a special character for
the good of the creation, and many of the
wisest of the Hindus accept this doctrine
Such a complete incarnation is called
Purnavatara, and that principle which in
some created forms is scintillant with the
rays of the divinity and bestows
extraordinary powers is called Ansavatara
or partial incarnation. These latter will
not be here considered.
of the first kind they say that in the
whole four Yugas, ten manifestations will
take place, and that nine have up to the
present time appeared."
86. The book have details of 9 avatars of Supreme Being (Lord Vishnu) Ram Avatar of Ram incarnation has also been mentioned in following words: -
"Ramavataram or Rama-Incarnation
They relate that Ravana one of the
Rakshasas two generations in descent from
Brahma, had ten heads and twenty hands. He underwent austerities for a period of ten thousand years in the Kailash mountain and devoted his heads, one after another in
this penance in the hope of obtaining the
sovereignty of the three worlds. The Deity
appeared to him and granted his prayer. The gods were afflicted by his rule and as in
the former
instances, solicited his dethronement which was vouchsafed, and Rama was appointed to accomplish this end. He was accordingly born during the Treta Yuga on the ninth of the light half of the month of Chaitra (March-April) in the city of Ayodhya of Kausalya wife of Raja Dasaratha.
At the first dawn of intelligence, he acquired much learning and withdrawing from all worldly pursuits, set out journeying through wilds and gave a fresh beauty to his life by visiting holy shrines. He became lord of the earth and slew Ravana. He ruled for eleven thousand years and Introduced just laws of
administration. (Highlighted by us )
87. The Ain-i-Akbari is attestation of the faith and beliefs held by Hindus in the period of Emperor Akbar.
Ayodhya was mentioned as residence of Ramachandra, who was further described as Avatar, i.e., incarnation of Vishnu. Specific statement has been made that during the Treta Yuga on the ninth of the light half of the month of Chaitra in the city of Ayodhya, of Kausalya wife of Raja Dasaratha, Lord Ram was born. The A-in
1-Akbari unmistakeably refers Ayodhya as one of the holiest places of antiquity. The above statement in A in-e-Akbari clearly indicate that faith and belief of Hindus was that Ayodhya is a holiest place and birthplace of Lord Ram, the incarnation of Vishnu, which belief was continuing since before period of Akbar and still continues as on date.
88. William Finch visited India from 1607 to 1611 A.D. his travel account has been published by William Foster in his book Early Travels in India".
89.
William Finch mentioned about
ruins of the Ramachandra's castle and houses The travel accounts also noticed the belief of Indians that Ramchandra was born, who took flesh upon him
90. Father Joseph Tiefenthaler visited India between 1766-1771 A.D. He wrote historical and geographical description of India in latin. All the latin work was translated in French. English translation of the work
was filed before the High Court as Ext. 133 (Suit-5) and has been extensively relied on. In the description of the Province of Oudh. following is stated:
"But a place especially famous is the one
called Sitha Rassoi i.e. the table of Sita,
wife of Ram, adjoining to the city in the
South, and is situated on a mud hill.
Emperor Aurangzeb got the fortress called
Ramcot demolished and got a Muslim temple, with triple domes, constructed at the same place. Others say that it was constructed by Babor Fourteen black stone pillars of 5 span high, which had existed at the site of the fortress, are seen there
Twelve of these pillars now support the
interior arcades of the mosque. Two (of
these 12) are placed at the entrance of the
cloister. The two others are part of the
tomb of some Moor It is narrated that
these pillars, or rather this debris of the
pillars skillfully made, were brought from
the island of Lance or Selendip (called
Ceylan by the Europeans) by Hanuman, King of Monkeys.
On the left is seen a square box raised
5 inches above the ground, with borders
made of lime, with a length of more than 5
Page ells and a maximum width of about 4 ells The Hindus call it Bedi i.e. the cradle
The reason for this is that once upon a
time, here was a house where Beschan was
born in the form of Ram. It is said that
his three brothers too were born here
Subsequently Aureng Zebe or Babor
according to others, got this place razed
in order to deny the noble people, the
opportunity of practicing their
superstitions. However, there still exists
some superstitious cult in some place or
other. For example, in the place where the
native house of Ram existed, they go around 3 times and prostrate on the floor. The two spots are surrounded by a low wall
constructed with battlements. One enters
door. the front hall through a low semi-circular
91. The three important statements contained in the account need to be noted:
First, that Emperor Aurangzeb got the
fortress called Racot demolished and got a Muslim temple, with triple domes, constructed at the same place. It further states that fourteen black stone pillars of 5 span high, which had existed at the site of the fortress, are seen there. Twelve of
these pillars now support the interior arcades of the mosque, Two of these 12) are placed at the entrance of the cloister.
Second that, on the left is seen a square box raised 5 inches above the ground, with borders made of lime, with a length of more than 5 ells and a maximum width of about 4 ells, which is called Bedi (i.e. the "cradle") by the Hindus. The reason for
the faith and belief was also that there was a house where Beschan (Vishnu) was born in the form of Ram.
Third, that Aurangzeb or Babar got this place razed in order to deny the noble people, the opportunity of practicing their superstitions However, there still exists some superstitious cult in some place or other. Since in the place where the native house of Ram existed, the Hindus
go around 3 times and prostrate on the floor.
92. The first Gazetteer relied is East India Gazetteer of Walter Hamilton, first published in 1828 The Gazetteer contained particular descriptions of the Empires. Kingdoms. Principalities, provinces, cities
towns, districts, fortresses. harbours, rivers and lakes of Hindostan
93. The Gazetteer mentioned reputed site of temples
dedicated to Ram, Sita, Lakshman and Hanuman. The Gazetteer further noticed that pilgrimage to Oudh are chiefly of the Ramata sect, who walk round the temples
and Idols, bathe in the holy pools, and perform the customary ceremonies.
94. The next Gazette relied is History. Antiquities Topography and Statistics of Eastern India (1838) while noticing the history and topography of Gorakhpur, Montgomery Martin mentioned about Ayodhya and its glory.
95. A Gazetteer was published by Edward Thornton "Gazetteer of India" (1854). In 1858. Edward Thornton published another Gazetteer namely "Gazetteer of the
Territories under the Government of the East Indies Company of the native States on the Continent of India", in which, a fairly large description of Oudh is contained.
96. Reference of one more book which was filed as an exhibit needs a reference. The book Hadith-e-Sehba was written by Mirza Jaan in the year 1856. In the book it was mentioned that the place of worship called as birthplace of Lord Ram which was adjacent to Sita-Ki Rasoi, the Mosque was constructed by Babur in the year 923 Hijri The translated copy of the book as exhibit 17. The following extract from the book is relevant to be noticed:
The above mentioned place is called seat
of father of Lord Rama. Places of Idol
worshiping situated here were demolished
and even a single piece of any Idol of Hindu
religion was left there un-demolished. The
place where was big temple of Hindu people, big Masjid was constructed and the place where was small temple of Hindu people. there small Masjid was constructed. The place of worship is called birthplace of Lord Rama and the place which is adjacent to it. in called Sita x Raso and Sita is called wife of Lord Rama. At that place Babar Shah got constructed a very big Masjid under the supervision of Sayyad Muha Ashigan in the year 923 Hijri and its history is still maintained. Today the above-mentioned Sita k Rasoi" 15 called the Masjid.
97. The book is relevant since it was written in the year 1856 which was the period of dissension between Hindus and Muslims with regard to issue of Idol worship
at Ayodhya. The book candidly accepts that at the janmasthan of Lord Ram, Mosque was constructed by Babar.
Faith and belief of Hindus regarding Janam Asthan of Lord Ram during the period 1858 to 1949.
98. During this period, there are several Gazetteers, reports of A.S.I. books and other documentary evidence, which have been exhibited in the Suits. Apart from documentary evidence, a lot of oral evidence has been led by the parties
99. At first. Firstly, notice may be had of the
Gazetteers published during the relevant period by the Government. All Gazettes, which were published during the relevant period were under the full governmental
authority since the British had directly taken control over the area of Oudh w.e.f. 01.11.1958 by Government of India Act, 1858
100. At this juncture notice may be taken of one more relevant aspect, which is that after the British Government took over the area w.e.f. 01.11.1858, in the official reports, correspondences and orders issued by officers of British Government, the "Mosque" was always referred to as "Mosque Janma Sthan". which clearly
indicates that Government officers at that time always treated the mosque as situated at Janma Sthan. Sufficient materials brought on record evidences the
above aspect; which may be referred to. Sheetal Dubey, Thanedar Oudh has submitted a report on 01.12.1858, which is Ext. 21 of Suit No.1. which report also refers
to "Masjid" as "Masjid Janma Sthan" Report dated 01.12.1858 is already extracted.
101 Similarly in his report dated 06.12.1858,
Thanedar, Oudh, Sheetal Dubey, has again referred the "Masjid" as "Masjid Janam Sthan". An order was passed on the application of Thanedar Sheetal Dubey on
10.12.1858, in which order, "Masjid" was referred as "Masjid Janam Sthan". The said order is brought on record is Ext. A-69 (Suit No.1), already extracted.
102. Another important document, which has been much relied by Dr. Rajeev Dhavan in his submissions is Ext.
A-14 (Suit-1), which is a copy of the letter dated 25.08.1863 sent by the Secretary, Chief Commissioner of Oudh to the Commissioner, Faizabad Division, where
"Mosque" was referred as "Janam Sthan Mosque". The letter has already been extracted.
103. The above also clearly proves that even the Government officers referred the Mosque as Janam Sthan Mosque. which is fully corroborates the statements in
Gazetteers as noted and extracted above that Babri Mosque was constructed at the Janam Sthan of Lord Ram.
104. The next work to be noticed is Historical Sketch of Tehsil Fyzabad, Zilah Fyzabad, published by the Government in 1870. The Historical Sketch was prepared
by P. Carnegy. Officiating Commissioner and Settlement Officer of Ayodhya and Faizabad. P. Carnegy in his sketch states that Ayodhya is to Hindu what Maca is
to the Mohammedan and Jerusalem to the Jews. P. Carnegy description has been extracted.
105. P. Carnegy has further referred to Janmasthan and other temples and has categorically stated that at the place of Janmasthan Emperor Babur built a Mosque, which still bears his .D. 1528
106. P. Carnegy has also noticed under the heading Hindu and Musalman differences about great rupture which took place between the Hindus and Mohammedans
where Hindus were said to have taken control of Janmasthan after fierce fight. It further noticed that up to that time the Hindus and Mohammedans alike used
to worship in the Mosque-Temple and since British rule a railing has been put up to prevent the dispute.
107. Another Gazetteer published in 1877 is Gazetteer of the Province of Oudh. The Ayodhya has been elaborately dealt in the Gazette In above Gazetteer a description with regard to Janamasthan and other
temples, is mentioned as extracted.
108. Under heading "Babar's Mosque and "Hindu and Musalman Differences". the same contents have been repeated under the Gazetteer, which I have already
extracted while noticing the Historical Sketch of Tahsil Fyzabad, Zillah Fyzabad by P. Carnegy, which are not being repeated for brevity.
109. In 1880, A.F. Millitt prepared his "Report on Settlement of Land Revenue of the Faizabad" which is extracted above.
110. Next to be noticed is Report of A.S.1. of North West Provinces and Oudh, published in 1889, which states that "The old temple of Ramachandra at Janmasthanam must have been a very fine one, for many of its columns have been used by the Musalmans in the construction of Babar's masjid, extracted earlier.
111 . One more report published by Archaeological Survey of India published in 1889 needs to be noted, with heading "The Sharqi Architecture of Jaunpur; with Notes
on Zafarabad, Sahet - Mahet and other places in the North-Western Provinces and
(extracted earlier) Oudh by A Fuhrer
112. The A.S.I., thus, clearly state that Babar's Masjid at Ayodhya was built on the very spot where the old temple Janmasthan of Ramchandra was standing
113. Another Report was published by A.S.I. on the Monumental Antiquities and Inscriptions in the North Western Provinces and Oudh by A. Fuhrer. Referring to
Ramachandra, it mentioned that Lord Ram was born there. The Report refers that Janmasthanam Temple was demolished and a Masjid was constructed in 930 Hijri.
114. The next Gazetteer, which has been referred and relied is Gazetteer of Fyzabad, Vol. XLIII published in 1905 by the Government of the United Provinces of
Agra and Oudh (extracted earlier).
115. In the "Imperial Gazetteer of India" published in 1908 with respect to Faizabad Division, extracted earlier Page 90 .
116. In 1928, publication of Faizabad, Gazetteer was undertaken by H.R. Nevill, extracted earlier
117. Archaeological Survey of India in volume "The Monumental Antiquities and Inscriptions in the North Western Provinces and Oudh" in the year 1891 while describing Faizabad district, dealing city of Ayodhya noted that in place of important Hindu temple namely Janmasthan, a Mosque was built during the reign of
Babur which still bears his name. It was further mentioned that old temple must have been a very fine one, for many of its column have been utilised by the
Musalmans in the construction of Babri Masjid.
118. The Gazetteer of "Bara Banki", volume 48(1921). of the District Gazetteers of the United Provinces of Agra and Oudh mentioned about a dispute which took
place in the year 1853 between Hindu priests and Musalmans of Ayodhya with regard to the ground on which
formerly stood the Janmasthan temple, which was destroyed by Babar and replaced by a Mosque. Following has been stated at page 169 of the Gazette under the
heading History in chapter 5"...It would appear that the event happened
in the year 1853. The cause of the
occurrence was one of the numerous disputes that have sprung up from time to time between Hindu Priests and the Musalmans of Ajodhya with regard to the ground on which formerly stood the Janamsthan temple, which was destroyed by Babar and replaced by a mosque. Other mosques had been built there
by Aurangzeb and others and some of them
had fallen into decay. The ground, being
peculiarly sacred to the Hindus, was at
once seized by the Bairagis and others,
thus affording a fertile source of
friction...
119. The Gazetteer has further narrated details of a march by Amir Ali under whom large number of Muslims marched towards Ayodhya but were intercepted by Colonel
Barlow of First Regiment of Oudh in which large number of persons were slain and first infantry was almost destroyed. The Gazetteer reports that Amir Ali was also
killed. In February 1856, the kingdom of Oudh was annexed by British government.
120 Apart from Gazetteers and books as referred above. there are other documentary evidences brought on record
by the parties of the suits in question. Reference can be made to certain exhibits, certified copies obtained from public record which are submitted in the suit. An Application dated 28.11.1858 by Sheetal Dubey, Thanedaar Oudh is filed as exhibit-19 in the Suit No. 1. extracted earlier.
121 Next documentary evidence brought on record is an application dated 30.11.1858 submitted by Syed Mohamed Chatib Moazzim Masjid Babri Sites in Oudh. In the
complaint submitted by Mohammed Khatib Moazzim of the Babri Mosque, it was mentioned that a Nihang Singh is
creating a riot at janmasthan Masjid situated in Oudh.
Complaint mentioned that near mehrab and minbar, he has constructed an earth chabutra inside the Mosque, Puja and Home is continuing there and in whole of Masjid "Ram Ram" is written. The request in the complaint was to oust the Hindus from the Mosque (extracted earlier)
122. Another document filed as exhibit 21 dated 31.12.1828 which is the report submitted by Sheetal Dubey, Thanedar, Oudh. In the report, Sheetal Dubey has
referred the Mosque as Mosque Janmasthan' (extracted earlier).
123. Next exhibit relied is exhibit 31 of Suit No.1 which is an application filed by Mir Rajjabali khatib Masjid for removal of Chabutra which was built in the
Mosque(extracted earlier)
124. The above Application itself is an evidence of Chabutra of Hindus in the premise of Mosque and puja
being performed by blowing conch.
125 Another application was made by one Mohammed Asghar on 12th February 1861 seeking removal of Chabutra and hut of the Hindus from the Mosque premises. The
application was filed as exhibit 54 in suit 4.
126. The application was given on behalf of Mohammed Asghar, Mir Rajab Ali and muhammad Afzal Khateeb and Muezzin
of Babri Masjid situated at Janmasthan
Ayodhya. The application dated 12th March 1861 is extracted earlier.
127. One important fact which may be noted from the above application and some earlier applications which were made on behalf of khateeb and muezzin of Babri
Mosque is that description of Babri Mosque is always mentioned as "Babri Masjid situated at Janmasthan, Ayodhya
128. Exhibit A-55 filed in Suit No. 4 is report of Khem Singh subedar dated 16.03.1861 regarding demolition of Kutiya of Inkani Singh.
129. Exhibit A-30 filed in Suit No. 4, application dated 25.09.1866 submitted by muhammed Afzal complaint mentioned that Tulsidas etc. Bairagis had placed an
Idol inside the premises in 3 hours. Public complaint was made (extracted earlier).
130. Evidence has been brought on the record to the fact that Deputy Commissioner. Ayodhya by an order
dated 03.04.1877 has granted permission to Khem Das, Mahant, janmasthan to open the door in the Northern wall in the premises of Mosque. An appeal was filed by Syed mohammed Asghar against the said order. Grounds of the appeal have been brought on the record as exhibit 30 in Suit No. 1. The appeal also noticed that Idols on the premises have not yet been removed. The appeal also admits small Chulha in the premises. Ground 6 of the appeal(exhibit-30) is as follows:
Section 6 That there has been old controversy between the respondent and the appellant and the Hon'ble Court has ordered that the respondent should not do anything new on that place. But because of Baldeo Dass bairagis being underground, the order dated November 7, 1873 would not be served upon him. That is to say Idol has not yet been removed as per order. The respondent the intention occupying
continues to indulge in several activities
on the wall and on being restraint by
someone he becomes aggressive and in bent upon to fight with him. So he has made a chulha Within the said compound which has never been done before. In the past, there was near a small chulha kitchen for Puja which he has got extended.
131. In the above appeal героrt of Deputy Commissioner, Faizabad was submitted. In the report, Deputy Commissioner mentioned that opening of the door
was necessary to give a separate route on fair days to the visitors to the Janmasthan
132. The above report by Deputy Commissioner clearly proves that Hindus were visiting the jananathan which was within the Mosque premises. The Commissioner had ultimately dismissed the appeal of Muhammed Asghar on 13.04.1877
133. Another important fact to be noticed is filing of suit by Mahant Raghubar Das being case number 61 of 280 of 1885 before sub-judge Faizabad where plaintiff has sought permission to construct a temple on Chabutra existing inside the Mosque premises. The permission to construct the temple was denied by dismissing the suit
on 24.12.1885. An appeal was filed by Mahant Raghubar Das before District Judge Faizabad. The District judge dismissed the appeal on 18.12.1886.
134 The second appeal against the said judgement was dismissed by Judicial Commissioner, Oudh
135. There is further evidence which have been brought on record to prove that in the year 1934 there was Hindu Muslim riot in Ayodhya in which riot the Dome of
Babri Mosque was damaged by Hindus which was got constructed by Administration through a Muslim contractor. Documents pertaining to repair of the Mosque by a Muslim contractor, application for payment of his bills have been brought on the record by plaintiff of Suit No 4 which are testimony of differences and dispute between the parties which took place in 1934 damaging the Mosque which could be repaired after several months. The documentary evidence
referred above amply proves that within the premises of Mosque which premises is bounded by boundary wall the Hindus were visiting and worshipping in the period
in question. The application submitted by Khateeb and muezzin of Babri Mosque as noted above clearly admits the worship and Puja by the Hindus, construction of
Chabutra by the Hindus, putting the Idols by the Hindus in the Mosque premises. The reference of Babri Mosque as janmasthan Masjid in several application also
indicates that Mosque was situated at the janamsthan of Lord Ram. The above documentary evidence are testimonial of faith and belief of the Hindus that the
Mosque was on the janmasthan of Lord Ram. Their protest, persistence and actions to worship within the contractor. Documents pertaining to repair of the
Mosque by a Muslim contractor, application for payment of his bills have been brought on the record by plaintiff of Suit No 4 which are testimony of differences and dispute between the parties which took place in 1934 damaging the Mosque which could be
repaired after several months. The documentary evidence referred above amply proves that within the premises
of Mosque which premises is bounded by boundary wall the Hindus were visiting and worshipping in the period in question. The application submitted by Khateeb and
muezzin of Babri Mosque as noted above clearly admits the worship and Puja by the Hindus, construction of Chabutra by the Hindus, putting the Idols by the Hindus
in the Mosque premises. The reference of Babri Mosque as janmasthan Masjid in several application also indicates that Mosque was situated at the janamsthan
of Lord Ram. The above documentary evidence are testimonial of faith and belief of the Hindus that the Mosque was on the janmasthan of Lord Ram. Their protest, persistence and actions to worship within the Mosque is testimony of their continued faith and belief that premises of the Mosque is Janmasthan of Lord Ram.
ORAL EVIDENCES: -
136. The parties led substantial amount of the oral evidence in the suits. Plaintiff of Suit No. 4 produced 32 witnesses which are described as Pws. Plaintiff of Suit No.5 produced 19 witnesses which are described as OPWs. Plaintiff of Suit No.3 also produced 20 witnesses who are described as Dws. In Suit No.4, defendant No 2/1 produced 3 witnesses. Other defendants in Suit No.4 have also produced certain witnesses.
137. The oral evidences of the witnesses need to be examined with regard to the aspect of faith and belief of Hindus about the Janmasthan of Ram Janma Bhumi as
well as evidence of worship and Puja there at 327. Mahant Paramhans Ramchandra Das OPW-1, aged about 90 years (as on 23.12.1999), was examined by plaintiff
of suit No.5. Mahant Ram chander Das is resident of Panch Ramanandi Akhil Bharti Anni and Digambar Akhara, Ayodhya. He came to Ayodhya at the age of 14-15 years.
In In his examination in chief, Mahant Paramhans Ram in chief.
Chander Das states:
.since the time I came to Ayodhya, I have
always seen people going for Darman glimpse at seven places at Ram
Janmabhumi Hanuman Garhi Nageshwarnath Saryu, Chhoti Devkali, Badi Deokali, Laxman Ghat, Sapt Sagar situated near Chhoti Devkali and kanak Bhawan temple. The seven places are unchangeable and their location cannot be changed, which means that one place cannot be built at the place of other one. Mani Parvat is a famous place, bit is different from the seven places. There was an idol of Lord Ram at Ram Janam Bhoomi .
There was sita's kitchen also. As per
customs there was a special hall by the name of Ram Janmabhoomi and on all the pictures and statues of many Gods and Goddesses bere engraved their ow. Apart from statues. That place was also worshipped, which was said to be the birthplace of Lord Ram and where the Lord Ram has appeared. There was a platform also known as the platform chabutral of Ram Lala and a hut of straws in which priest of Nirmohi Akhada used to do worship and offer food.etc. To the deity
of Lord Ram..
138. In his cross examination he states:
"... The place, which i describe as Garbh
Griha in according to my belief and
according to the belief of all Hindus
birthplace of Ramchandra ji. consider
that place, where an 23rd December 1949
idol was installed after removing it from
the chabutra, a birth place and I used to
consider that place as birth place before
the installation of Idol there.
Question: Can that place, which you
described as birthplace according to your belief, be 10-15 hands away on either
side of the middle dome place?
Answer:
No. The place where the order is placed, authentic place and the whole Hindu community believes in chat very place. There is ne scope of any doubt. There
cannot be a distance of even two-four feet find the location of this place.
The basis of this beliefs that Hindus have been having Darshan of this place as
janmabhoomi Since centuries...
139. Next statement to be noticed is of OPW-4, Shri Harihar Prasad Tiwari. He was aged 85 years(as on 01.08.2002). He claims to have lived in Ayodhya from 1934 to 1938 at Ram Niwas Mandir which was only 250
300 steps from Ram Janam Bhumi. He has referred to faith and belief of people that Bhagwan Vishnu hasi ncarnated as Bhagwan Shri Ram at that very place. In
para 3 of his examination-in-chief, he states:
3. Ayodhya is an ancient and The holiest
Pilgrimage for Hindus where Farambharma
Parmeshwar Bhagwan Vishnu incarnated asS hri Ram, son of king Dasharatha. The
followers of Hinduism have the faith from
the time immemorial that bhagwan Vishnu
incarnated at Ayodhya as lord Shri Ram
This place is adorable. Owing to this trust
and faith people used to visit for Darshan
and Parikrama ( taking round of Shri Ram
family members,Bhoomi.Jarm
MyG randfather and elderly people, saints andh ermits of Ayodhya. during my study theref rom 1934 to 1938, used to say that BhagwanVishnu god incarnated an Bhagwan Shri Rama t this very place and this is Shri Ram faith andJ anam Bhoomi. Based on thisb elief I have been going to Shri Ram Janam Bhoomi for Darshan. After completing my study, whenever to go there for Darshan invariably. I mostly live in Sugreev Quila. ram kot. ayodhya for usually go to having Darshan. I came to Ayodhya I umed last 8-9 years and about the Ram Janmabhoomi for
140. Further in his cross examination he states:
holy sanctum The building having doma was the is sanctorum, where, it believed that bhagwan Shri Ram had taken
birth. Hindu pilgrims and Darshanarthies
(vievera) you need to offer fruits, flower
and money there also, owing to their faith...
141. Reiterating his faith in Ram Janam Bhumi in cross examination he further states:
.It is right that in ay above statement
1 had stated that the disputed site is the
Janam Bhoomi of Ram. This faith of mine is
not by reading any religious book but is
based on what I have heard from old and
aged person. I am having this faith wel1
before I came to Ayodhya. That is to say
when I gained consciousness I have such
faith and this was by hearing from the
people. In between 1934 to 38 when I was at
Ayodhya, possibly I would have gone to the
Janambhumi i.e. the disputed site thousands of times. During my studies I used to go to the Janam Bhoomi..
142. He in his statement also stated that there was Parikrama marg outside the west side wall of the disputed building and he used to do Parikrama.
"....Outside the west side wall of the
disputed building there was a Parikrama
Margarine) close to the wall and walking
on this route uged to perform Parikrama religious round. This route was made walk able and some old brick are laid
on it...
143. In his statement he also stated that he used to perform Parikrama through the Parikrama Warg.
144. Next statement to be noticed is the statement of
OPW-5 Ram Nath Mishra who was aged 91 years(as on
06.08.2006). He claimed to have come to Ayodhya in the
Baisakh month of 1932. He used to work as Teerth
Purohit. In his cross-examination he states:
" According to elderly people. It was
under the central dome the Lord Rama was
born as the son of king Dashrath. It was on
the basis of this faith and belief that I
and all the Hindu devotees of Lord Rama used
to have the darshan of Shri Ram Janam
Bhoomi. It was considered to be sacrosanct
place and a place worth worshipping...
145. He further states: -
A1 the Hindus have this old traditional belief that Lord Vishnu was born as the son of king Dashrath at this place only and that is why this place is so sacred and worthy of worship. It is on the basis of this faith and belief that lakhs of pilgrims have been coming to Ayodhya for the Darshan and Parikrama of Lord Rama's birth place and continue to do it till date. There is a stone of the times of the Britishers outside the main entry gate. on which is written Janmabhoomi Nitya Yatra and the digit one
of Hindit'ek)..
146. OPW-6, Housila Prasad Tripathi aged 80 years(as on 13.08.2002) claims to have come to Ayodhya in December 1935. In his examination-in-chief, he states: ". We have this faith and believe that lord Shri Ram was born at Ayodhya and that place
is famous as Shri Ram Janmabhoomi where
people in lakhs come from every nook and
corner of the country and after having
Darshan Ram Janmabhoomi do ta
Parikrama. It is on the basis of this faith
and believe that we also come to Shri Ram
Janam bhumi three to four times a year and
make it a point to have darshan of shri Ram
janam bhoomi and then have its Parikrama.
8. I am also of the firm faith and believe
that Lord Shri Ram was born at the same
very place at Ayodhya where thousands of
Hindu pilgrims come for Darshan and
Parikrama. It was on the basis of this
belief that since 1935, I also went to
Ayodhya three to four times every year and
after a bath in the Saryu river had darshana of Kanak bhawan, Hanumangarhi and of Shri Ram Janmabhoomi and had the Parikrama of Shri Ram Janmabhoomi.
147. He further states:
"10..There was a building of 3 shikhars
to the went of the wall with iron-bars in
which the place of the central Shikhar
portion is Shri Ram Janmabhoomi which is
called Sanctum Sanctorum, according to
Hindu tradition, faith and belief, On the
basis of this faith and belief, I also used
to go for Darshan and Parikrama of the Shri
Ram Janam Bhoomi.
148. Further he states: -
12. All the pilgrims - darsnarthees would
enter the Shri Ram Janmabhoomi premises
from the entry gate to the east and have
darshan of the idols placed at Ram
chabutra, of the idols placed under the
neem and peepal tree located to its south
east corner and Sita Rasoi and the foot
prints etc.. there and also have darshan of
the sacrosanct Sri Ram Janam Bhoomi located inside the barred wall which is considered to be the Sanctum-Sanctorum. The pilgrims and those coming for darshans and we used to make offerings like fruit and cash according to our shraddha. At the Sanctum Sanctorum also, the pilgrims and we after the darshan of this used to make offerings through the barred wall as per our belief.
149. In his cross-examination, he denied the fact that public opinion regarding Ram Janam Bhumi is of twentieth century. He states it to be since long as per
tradition
".. .However, the public opinion is that the
birth place of Ramji is the same i.e. Ram
Janmabhoomi about which a dispute is going on. It is wrong to say that this public
opinion is of the twentieth century. As a
matter of fact, it has been there since long
as per tradition...
150. OPW-7, Ram Surat Tiwari, 73 years of age(as on 19.09.2002), claims to have gone to Ayodhya for the first time in the year 1932 and thereafter has been going regularly. In his examination-in-chief, he
states: -
My elder brother told me that
this was the birth place of Lord rama
(this is Ram Janam Bhoomi) and from
the very ancient times Hindus have
trust. confidence and a popular faith
that Lord Vishnu had incarnated in the
name of Shri Ram son of Raja Dashrath
below the middle dome and this is why
it has been called garbhagriha
After having the darshan of Ram
Chabutra, the pilgrims and visitors
used to go through doors of lattice
wall to the three domed building and
from there they got the darshan of
Garbhagriha and they offered
flowers, prasad and coins towards the
Garbhagriha.
151. He further stated in his cross-examination about his faith and belief regarding Ram Janam Bhumi following words: "so far as 3-dome building is concerned, I had a faith which I maintained even today that it was the janam bhoomi of Ram Ji.
152. Further in his cross-examination, he stated that he after offering flowers and prasad prostrated himself on the ground below the dome from outside.
"...Before reaching the eastern gate, my
brother from outside the wall fitted with
iron bars offered flowers at the building
with three domes and gave it to me also
which I also offered. I offered the flowers
through the iron bars from outside only. At
the time when I offered flowers, prasad and
money offered by others were also lying
there. I prostrated myself on the ground
below the dome from outside only. I had
asked my brother why was he offering
flowers at that place, on which he told that
Lord Rama was born at the place under the
middle dome of this building. The place
which I had visited was the one below the
middle dome..."
153 OPW-12, Sri Kaushal Kishore Mishra, aged 75 years(as on 16.12.2002) stated to have perform worship in Ram Janam Bhumi at the age of 14-15 years. In his
examination-in-chief he states: -
"6. When I started to go to Ram Janam Bhoomi with my grandfather and father, I noticed that the pilgrims, devotees etc, who came to Ayodhya, used to visit Shri Ram Janam Bhoomi without fail. During the main festivals the gathering was very high, say more than lakhs and they used to worship and visit Ram Chabutra, Sita Rasoi, Shiv Chabutra and Sanctum-Sanactorum(where Lord Ram was born) below the middle dome of three domed building and make round of the premises (Parikrama) outside the walls only.
154. He futher states: -
12. I had been told by my grandfather and
father that according to the faith and
belief of Hindus since time immemorial,
Lord Ram was born as a son of King Dashrath in Treta Era in this Sanctum-Sanctorum situated under the building having three domes. This is the traditional belief and firm faith which makes the people of this country and the numerous pilgrims from outside to visit this birth place of Lord Shri Ram to pray and do parikrama of this place.
155. In his cross-examination, he maintain "it is by belief that he got his birth at the place where Babri Masjid was established.
156. Next witness OPW-13, Narad Saran, age 76 years(as on 27.01.2003) claims to have come to Ayodhya with a desire to become a Sadhu. In his examination-in-chief he states: "When entering through the eastern gate there was a building with three domes west, just below the middle dome, there was sanctum-sanctorum which was worshipped. My preceptor had told me about this place that it was always the most worshipped as the birth place of Lord Ram since time immemorial. I have also worshipped this place and found that it was thronged by thousands of pilgrims who paid their obeisance to this holy shrine. They also visited and worshipped Sita Kitchen, Ram chabutara etc.. and made a full round of the entire premises after coming out of Hanuman Dwara.
157. In his cross-examination he states:
"... Ayodhya is the Janam bhoomi of Lord Ram and we take the place below middle dome of the disputed structure as his Janmasthan Janams than and Janambhoomi have the same
meaning..
158. DW-3/14, Jagad Guru Ramanand Acharya Swami Haryacharya, aged 69 years(as on 23.07.2004) stated in
his cross-examination:
"... I used to go to three domes Bhawan for
darshan. earlier. I have also taken the
darshan of Shri Ram Lalla. I took darshan
because believe that one could get
salvation by doing the darshan...
159. DW-3/1, Mahant Bhaskar Das, aged 75 years(as on 29.08.2003). In his examination-in-chief, he states:
".. During my tenure from 1946 to 1949 till
the date of attachment no Muslim ever
visited the disputed site to offer Namaz
and no Namaz was recited there. Hindu
devotees used to offer money, Sweets
fruits and other items to the deities
seated within and out of the disputed site
which were received by the Nirmohi Akhara through the priest..
160. The witnesses who were examined by plaintiffs of Suit No.4 also in their statement have admitted that what they call Babri Masjid' is called by Hindus as Janmasthan'
161. Mohd. Hashim who appeared as PW-1 was aged 75 years(as on 24.07.1996). In his cross-examination he admits that the place which was attached on 220/ 23 December, 1949 is called Ram Janam Bhumi by Hindus and Babri Masjid by Muslims.
"... The place which was attached on
22nd/23rd December, 1949 is called Ram
janambhoomi by Hindus and Babri Masjid by Muslims In the suit of Gopal Singh
visharad also it has been called Ram Janam
Bhoomi by Hindus and Babri Masjid by
Muslims....
162. He further states that was Mecca is important for Muslims so is Ayodhya for Hindus due to Lord Ram.
163. PW-2 Haji Mehboob Ahmed aged 58 years, resident of Tedhi Bazar. Ayodhya, states in his cross examination:
.The grilled wall adjoined the wall of
the mosque to the south. We call it a Masjid
and the other party calls it a Mandir. The
height of the entire boundary was the same.
This was a fully constructed building to
the west of the courtyard. This was a mosque to which others called a Mandir...
Yaseen PW-4. aged 66
164. Mohd. Yaseen P-4. aged 66 years (as on years (as on 07.10.1996) also states following:"...I live in Ayodhya, so I often meet some Hindus and Priests also. We also meet them in marriage ceremonies. They believe that this is the birth place of Lord Rama. (Then said they have their own faith). Hindus consider it a sacred place and worship here...
165. Pw-23. Mohd. Qasim, aged 74 years, admits in his cross-examination that what he call Babri Masjid is: called Janamsthan by Hindus. He states "after that there is Babri Masjid on its one side. It is true that
the place I call 'Babri Masjid' is called Janamsthan by Hindus."
166 The oral evidence as noticed above of the witnesses examined on behalf of plaintiffs of Suit No.5, plaintiffs of Suit No.3 and even witness examined on behalf of plaintiffs of Suit No.4 clearly proves
faith and belief of Hindus that Janmasthan of Lord Ram is the place where Babri Mosque has been constructed.
Three-dome structure was treated as Birthplace of Lord Ram. People worship of the three-dome structure. parikrama of the entire premises by the devotees have been amply proved by oral evidences led in the Suit.
167. The statements noted in all Gazetteers as noticed above published under authority of government categorically and unanimously state that at Janmasthan
of Lord Ram, Babri Mosque was constructed in 1528 by Babar. It is true that statements recorded in Gazette is not conclusive evidence but presumption of
correctness of statements recorded have to be raised subject to being disproved by leading appropriate evidences. All Gazettes published by the Government authority repeats the same statement that Babri Mosque was constructed at the Janmasthan of Lord Ram. There is no evidence worth name led of the plaintiffs of Suit No.4 to disprove the above statement and further, oral evidence as noticed above clearly supports the faith and belief of Hindus that Lord Ram was born at the place where Babri Mosque has been constructed. The
conclusion that place of birth of Lord Ram is the three dome structure can, therefore, be reached.
168. Dr. Rajeev Dhawan, learned senior counsel submits that although in oral statements it was stated by the witnesses that birthplace of Lord Ram is below the
middle dome but infact Ram Chabutra which was outside the three-dome structure on the left side in outer
courtyard was the birthplace of Lord Ram. He submits that in the judgment of the suit filed in 1885 by Mahant Raghubar Das also the Janmasthan was treated to be Ram
Chabutra.
169. The sequence of the events as noticed above clearly indicate that faith and belief of Hindus was that birth place of Lord Ram was in the three-dome structure Mosque
which constructed at the janmasthan. It was only during the British period that
grilled wall was constructed dividing the walled premises of the Mosque into inner courtyard and outer courtyard. Grilled iron wall was constructed to keep Hindus outside the grilled iron wall in the outer
courtyard. In view of the construction of the iron wall, the worship and puja started in Ram Chabutra in the outer courtyard. Suit of 1885 was filed seeking permission to construct temple on the said Chabutra
where worship was permitted by the British Authority.
मधुसूदन सिंह , ए कुमार की प्रस्तुति
बलिया 9 नवम्बर 2019 ।। लगभग 400 सालो के विवाद को आज के जिस 1045 पेज वाले फैसले ने सदा सदा के लिये समाप्त कर दिया , सबको बता दिया कि जो अयोध्या का विवादित गर्भ गृह कहलाता था , वह विवादित नही विश्वविदित प्रभु श्रीराम का जन्म स्थान है , डंके की चोट पर साक्ष्यों और आस्था के आधार , दोनो पर कहा -- यही है रामजन्म भूमि । इसी फैसले की वो बातें पहली बार आप सबके सामने हूं बहूं उसी रूप में प्रस्तुत कर रहा हूँ जैसा फैसले में माननीय जजो ने लिखा है । यह मूलप्रति की ऑरिजिनल कॉपी है जो अंग्रेजी में है । इस को पढ़कर समझिये कि हमारे विद्वान न्यायाधीशों को इस फैसले से पहले क्या क्या पढ़ने और समझने पड़े है ।
sufficient religious texts, which led the Hindus to believe the present site of Ram Janma Bhumi as the birthplace of Lord Ram.
Faith and belief regarding Karma Sthan during the period 1528 A.D. to 31.10.1858
73. During this period, "Sri Ramacharitamanasa" of Goswami Tulsidas was composed in Samvat 1631 -1574-
75 A.D.). The Ramacharitamanasa enjoys a unique place and like Valmiki Ramayana is revered, read and respected by Hindus. which has acquired the status of an Epic in Hindu faith. Goswami Tulsidas in Bala
Kanda has composed verses, which are spoken through Lord Vishnu. When Brahma appealed to Vishnu to relieve
the Devas, Sages, Gandharvas and earth from the terror of Demon Ravana (Ravana), Lord Vishnu said that I will take a human form and born to Dasaratha and Kausalya
in kosalapuri. After Doha 186, Bala-Kanda in following three chaupaiyas (Verses), Lord Vishnu says:
जनि डरपह मुनि सिद्ध सुरेसा । तुम्हहि लागि करिहउँ नर बेसा ॥
अंसन्ह सहित मनुज अवतारा । लेउँ दिनकर बंस उदारा ॥१॥
"Fear not. 0 sages, Siddhas and Indra
(the chief of gods ): for your sake I will
assume the form of a human being. In the
glorious solar race I shall be born as a
human being manifestations." along with
My part
कस्पप अदिति महातप कीन्हा । तिन्ह कहुँ में पूरब बर दीन्हा ।
ते दसरथ कौसल्या रूपा। कोसलपुरी प्रगट नरभूपा ॥२॥
The sage Kasyapa and his wife Aditi did
severe penance: to them I have already
vouchsafed a boon. They have appeared in
the city of Ayodhya as rulers of men in the
form of Dasaratha and Kausalya.
तिन्ह के गृह औरत रिहरउँ जाई । रघुकुल तिलक सो चारिउ भाई ॥
नारद वचन सत्य सब करिहँ। परम सक्ति समेत अवतरिहउँ।३॥
"In their house 1 shall take birth in
the form of four brothers, the ornament of
Raghu's line. I shall prove the veracity
of all that was uttered by Narada and shall
descend with my Supreme Energy .
The above chaupaiyas does not only refer to Vishnu taking human form in Awadhpuri, 1.e. Ayodhya but the verse specifically mentions that he will take
human form at the house of Dasaratha and Kausalya. The above verses do not only refer to birth of Ram at Ayodhya but points out to "a place", where he will take
human form, which is clearly depicted in the words"tinha ke grah" (in their house of Dasaratha and
Kausalya).
75. Contesting parties have referred to and relied on various Gazetteers, travelogues books relating to this period. According to Hindu parties relevant books and
Gazetteers during the relevant period amply proves the faith and belief of Hindus in the Janma Asthan of Lord Ram, which was worshipped by Hindus throughout. Dr.
Rajeev Dhavan on the other hand contends that Gazetteers of period prior to 1858 cannot be looked into and Gazetteers prepared under the British Government after 1858 can be of some assistance. He
submits that Gazetteers prepared during the regime of East India Company cannot be relied nor can be called Gazetteers. With regard to all travelogues account published in different books, Dr. Dhavan submits that
no reliance can be placed on the said accounts given by travellers, since they are only all hearsay and they were only by their account telling stories. It is necessary to first consider as to whether Gazetteers
and travelogues books can be treated as an evidence by Court for considering the issue, which had arisen before the Court in the suit giving rise to appeals in question. The Evidence Act, 1872 consolidated, defined
and amend the law of evidence. The evidence is defined in interpretation clause, ie.. Section 3 The definition of evidence as amended by Act 21 of 2000 is as follows:
"Evidence".- includes "Evidence" means
and
(1) all statements which the Court permits
or requires to be made before it by
witnesses, in relation to matters of
fact under inquiry.
such statements are called oral evidence:
(2) all documents including electronic
records produced for the inspection of
the Court.
such documents are called documentary
evidence.
76 Section 57 of the Evidence Act. enumerate the facts of which the Court must take judicial notice.
Section 57 insofar as it is relevant for the present case is as follows:
"57. Facts of which Court muat take judicial notice. - The Court shall take judicial notice of the following facts:
(1) All laws in force in the territory of
India;
books. In sukhdev singh Va. Maharaja Bahadur of Gidhaur, AIR 1951 SC 288, this Court held that Gazetteer is an official document of some value as it is compiled by experienced officials with great care.
Following observations were made in paragraph 10
The statement in the District Gazetteer
is not necessarily conclusive, but the
Gazetteer is an official document of some
value as it is compiled by experienced
officials with great care after obtaining
the facts from official records. As Dawson
Miller. C.d. has pointed out in Fulbati
case. AIR 1923 Patna 423, there are a few
inaccuracies in the latter part of the
statement quoted above, but so far as the
earlier part of it is concerned, it seems
to derive considerable support from the
documents to which reference has been
made.
78. In Gopal Krishnaji Ketkar Vs. Mahomed Jaftar Mahomed Hussein, AIR 1954 sc 5, this Court had referred to and relied on the Gazetteer of Bombay. In paragraph 4, the Court was examining nature of a tomb which belong to Eighteenth century. In paragraph 4, this Court Stated:
"4. The shrine has a curious, and in some
respects legendary. history. Its origin is
lost in antiquity but the Gazetteer of the
Bombay Presidency tells us that the tomb is
that of a Muslim saint who came to India as
an Arab missionary in the thirteenth
century. His fame was still at its height
when the English made their appearance at
Kalyan, near where the tomb is situate, in
the year 1780. As they only stayed for two
years, their departure in the year 1782 was
ascribed to the power of the dead saint.
79. A Constitution Bench of this Court in Mahant Shri Srinivasa Ramanujan Da Vae. suryanarayan Das and Another,
AIR 1967 sc 256 had occasion to consider Puri Gazetteer of O'Malley of 1908. In the Gazetteer, the history of Emar Math was addressed. It was contended by the
appellant before this Court that Gazetteer cannot be treated as an evidence. The Court held that Gazetteer can be consulted on matters of public history paragraph 26, following was laid down:
26. It is urged for the appellant that what
is stated in the Gazetteer cannot be
treated as evidence. These statements in
the Gazetteer are not relied on as evidence
of title but as providing historical
material and the practice followed by the
Math and its head. The Gazetteer can be
consulted on matters of public history.
80. This Court in Bala Shaniar Maha Shanker Bhatte and Others Vs. Charity Commissioner, Gujarat State,
1995 Supp (1) SCC 485 had occasion to consider Gazetteer of the Bombay presidency. Vol. Il published in 1879 This Court held that Gazette is admissible
under Section 35 read with Section 81 of the evidence Act. 1872 It was held that the court may in conjunction with the other evidence may take into consideration in adjudging the dispute in question though it may not be treated as conclusive evidence.
The recitals in the Gazette with regard to location of temple of Kalika Mataji on the top of the hill was relied. In paragraph 22, following was laid down:
"22. ..It is seen that the Gazette of the Bombay Presidency, Vol. III published in 1879 15 admissible under Section 35 read with Section 81 of the Evidence Act, 1872 The Gazette is admissible being official record evidencing public affairs and the court may presume their contents as genuine. The statement contained therein can be taken into account to discover the historical material contained therein and the facts stated therein is evidence under Section 45 and the court may in conjunction with other evidence and circumstance take into consideration in adjudging the dispute in question, though may not be treated as
conclusive evidence. The recitals in the
Gazette do establish that Kalika Mata is
on the top of the hill, Mahakali temple and
Bachra Mataji on the right and left to the
Kalika Mata. During Mughal rule another
Syed Sadar Peer was also installed there,
but Kalika Mata was the chief temple
Hollies and Bills are the main worshippers
On full moon of Chaitra (April) and
Dussehra (in the month of October), large
number of Hindus of all classes gather
there and worship Kalika Mata, Mahakali
etc
81. In view of the above discussions, the law as noted above clearly establish that Court can take into consideration the Gazetteers under the Evidence Act, 1872, even though, the statement in Gazetteers will not be treated as conclusive evidence but the presumption of correctness of that statement is attached to it.The admissibility of books and travelogues cannot be denied in view of Section 57. Section 81 of the
Evidence Act also contemplate for a presumption of genuineness of every document purporting to be any official Gazette of the Government Gazette. Section
81 of the Evidence Act is as follows:
"81. Presumption to dazettes.newspapers, private Acts of Parliament and other documents.-The Court shall presume
the genuineness of every document
purporting to be the London Gazette, or any
Official Gazette, or the Government Gazette
of any colony, dependency of possession of
the British Crown, or to be a newspaper or
journal, or to be a copy of a private Act
of Parliament of the United Kingdom printed by the Queen's Printer, and of every
document purporting to be a document
directed by any law to be kept by any
such if person, document kept is substantially in the form required by law
and is produced from proper custody.
82. Now, remains the next contention of Dr. Dhavan that Gazetteers prior to 1858, when the sovereignty of the area was not under direct control of British. during the regime of East India Company, cannot be relied. In
the present case, the Gazetteers, which have been relied are of the Gazetteers of Nineteenth Century The East India company by Charter from Queen Elizabeth
on 31121600 were permitted to trade in the East Indies. The Company initially setup a factory at Surat (State of Gujarat) in 1619. The jurisdiction and power of East India Company were enlarged by various charters issued by the Queen and subsequently by enactments made
by the British Parliament. By 1805, several functions in Oudh area were also entrusted to the East Indies Company including establishment of Sudder Court in Oudh
area. East India Company, by beginning of Nineteenth Century, was not only a trading company but had statutory and governmental power as entrusted by Charters and Acts of the British Parliament with agreement of Nawab of Awadh in 1801. In any view of the matter, the Gazetteers, which were prepared during the regime of the East India Company in the Nineteenth Century contains a record of public history and they are clearly admissible under Section 57 of the Evidence
Act. Therefore, there is no substance in the
Submission of Dr. Dhavan that Gazetteers prior to 1858 should not be looked into.
83. During the relevant period, the first important historical book, which contains the minutest details of administration in the regime of the Akbar is A-in i-Akbari, which was completed in Sixteenth Century
The A-in-i-Akbari was work of Abul-Fazl Allami, who was one of the Ministers in the Akbar's Court. The A-in i-Akbari was translated by H. Blochmann from persian
to English. Col. H.S. Jarrett translated Vol. No.II. Shri Jadunath Sarkar, a Historian of repute corrected and further annotated Vol. 11 translated into English by Col. H.S. Jarrett Shri Jadunath Sarkar in his
Editor's introduction has observed that Second volume was designated to serve as a Gazetteer of the Mughal Empire under Akbar. Jadunath Sarkar says that Third
volume of the Ain-i-Akbari was encyclopedia of the religion, philosophy and sciences of the Hindus. The above was stated by Jadunath Shankar in following
words:
The third volume of the Ain-i-Akbari is an
encyclopedia of the religion, philosophy
and sciences of the Hindus, preceded by the
chronology and cosmography of the Muslims. as required by literary convention, for comparison with the Hindu ideas on the same subjects. The second volume was designed to serve as a Gazetteer of the Mughal Empire
under Akbar. Its value lies in its minute
topographical descriptions and statistics
about numberless small places and its
survey of the Empire's finances. trade and
industry, castes and tribes."
84. In second volume of the Ain-i-Akbari details have been given regarding "The Subah of Oudh". a description of Awadh (Ayodhya) mentioned that Awadh (Ayodhya) is one of the largest cities of India. The description refers to Oudh as residence of Ramchandra following is
the description given at page 182 Vol.2:
"Awadh (Ayodhya) is one of the largest
cities of India. In is situated in
longitude 118 6, and latitude 27, 22. It
ancient times its populous site covered an
extent of 148 kos in length and 36 in
breadth and it is esteemed one of the
holiest places of antiquity. Around the
environs of the city. they sift the earth
and gold is obtained. It was the residence
of Ramachandra who in the Treta age
combined in his own person both the
spiritual supremacy and the kingly office.
85. Further Volume III, Chapter VI contains a heading "The Eighteen Sciences. The description refers to Vedas and 18 Puranas and other religious texts. The book also refers to Avatars (incarnation of the Deity)
in the following words:
"Avataras or Incarnations of the Deity They believe that the Supreme Being in
the wisdom of His counsel. assumes an
elementary form of a special character for
the good of the creation, and many of the
wisest of the Hindus accept this doctrine
Such a complete incarnation is called
Purnavatara, and that principle which in
some created forms is scintillant with the
rays of the divinity and bestows
extraordinary powers is called Ansavatara
or partial incarnation. These latter will
not be here considered.
of the first kind they say that in the
whole four Yugas, ten manifestations will
take place, and that nine have up to the
present time appeared."
86. The book have details of 9 avatars of Supreme Being (Lord Vishnu) Ram Avatar of Ram incarnation has also been mentioned in following words: -
"Ramavataram or Rama-Incarnation
They relate that Ravana one of the
Rakshasas two generations in descent from
Brahma, had ten heads and twenty hands. He underwent austerities for a period of ten thousand years in the Kailash mountain and devoted his heads, one after another in
this penance in the hope of obtaining the
sovereignty of the three worlds. The Deity
appeared to him and granted his prayer. The gods were afflicted by his rule and as in
the former
instances, solicited his dethronement which was vouchsafed, and Rama was appointed to accomplish this end. He was accordingly born during the Treta Yuga on the ninth of the light half of the month of Chaitra (March-April) in the city of Ayodhya of Kausalya wife of Raja Dasaratha.
At the first dawn of intelligence, he acquired much learning and withdrawing from all worldly pursuits, set out journeying through wilds and gave a fresh beauty to his life by visiting holy shrines. He became lord of the earth and slew Ravana. He ruled for eleven thousand years and Introduced just laws of
administration. (Highlighted by us )
87. The Ain-i-Akbari is attestation of the faith and beliefs held by Hindus in the period of Emperor Akbar.
Ayodhya was mentioned as residence of Ramachandra, who was further described as Avatar, i.e., incarnation of Vishnu. Specific statement has been made that during the Treta Yuga on the ninth of the light half of the month of Chaitra in the city of Ayodhya, of Kausalya wife of Raja Dasaratha, Lord Ram was born. The A-in
1-Akbari unmistakeably refers Ayodhya as one of the holiest places of antiquity. The above statement in A in-e-Akbari clearly indicate that faith and belief of Hindus was that Ayodhya is a holiest place and birthplace of Lord Ram, the incarnation of Vishnu, which belief was continuing since before period of Akbar and still continues as on date.
88. William Finch visited India from 1607 to 1611 A.D. his travel account has been published by William Foster in his book Early Travels in India".
89.
William Finch mentioned about
ruins of the Ramachandra's castle and houses The travel accounts also noticed the belief of Indians that Ramchandra was born, who took flesh upon him
90. Father Joseph Tiefenthaler visited India between 1766-1771 A.D. He wrote historical and geographical description of India in latin. All the latin work was translated in French. English translation of the work
was filed before the High Court as Ext. 133 (Suit-5) and has been extensively relied on. In the description of the Province of Oudh. following is stated:
"But a place especially famous is the one
called Sitha Rassoi i.e. the table of Sita,
wife of Ram, adjoining to the city in the
South, and is situated on a mud hill.
Emperor Aurangzeb got the fortress called
Ramcot demolished and got a Muslim temple, with triple domes, constructed at the same place. Others say that it was constructed by Babor Fourteen black stone pillars of 5 span high, which had existed at the site of the fortress, are seen there
Twelve of these pillars now support the
interior arcades of the mosque. Two (of
these 12) are placed at the entrance of the
cloister. The two others are part of the
tomb of some Moor It is narrated that
these pillars, or rather this debris of the
pillars skillfully made, were brought from
the island of Lance or Selendip (called
Ceylan by the Europeans) by Hanuman, King of Monkeys.
On the left is seen a square box raised
5 inches above the ground, with borders
made of lime, with a length of more than 5
Page ells and a maximum width of about 4 ells The Hindus call it Bedi i.e. the cradle
The reason for this is that once upon a
time, here was a house where Beschan was
born in the form of Ram. It is said that
his three brothers too were born here
Subsequently Aureng Zebe or Babor
according to others, got this place razed
in order to deny the noble people, the
opportunity of practicing their
superstitions. However, there still exists
some superstitious cult in some place or
other. For example, in the place where the
native house of Ram existed, they go around 3 times and prostrate on the floor. The two spots are surrounded by a low wall
constructed with battlements. One enters
door. the front hall through a low semi-circular
91. The three important statements contained in the account need to be noted:
First, that Emperor Aurangzeb got the
fortress called Racot demolished and got a Muslim temple, with triple domes, constructed at the same place. It further states that fourteen black stone pillars of 5 span high, which had existed at the site of the fortress, are seen there. Twelve of
these pillars now support the interior arcades of the mosque, Two of these 12) are placed at the entrance of the cloister.
Second that, on the left is seen a square box raised 5 inches above the ground, with borders made of lime, with a length of more than 5 ells and a maximum width of about 4 ells, which is called Bedi (i.e. the "cradle") by the Hindus. The reason for
the faith and belief was also that there was a house where Beschan (Vishnu) was born in the form of Ram.
Third, that Aurangzeb or Babar got this place razed in order to deny the noble people, the opportunity of practicing their superstitions However, there still exists some superstitious cult in some place or other. Since in the place where the native house of Ram existed, the Hindus
go around 3 times and prostrate on the floor.
92. The first Gazetteer relied is East India Gazetteer of Walter Hamilton, first published in 1828 The Gazetteer contained particular descriptions of the Empires. Kingdoms. Principalities, provinces, cities
towns, districts, fortresses. harbours, rivers and lakes of Hindostan
93. The Gazetteer mentioned reputed site of temples
dedicated to Ram, Sita, Lakshman and Hanuman. The Gazetteer further noticed that pilgrimage to Oudh are chiefly of the Ramata sect, who walk round the temples
and Idols, bathe in the holy pools, and perform the customary ceremonies.
94. The next Gazette relied is History. Antiquities Topography and Statistics of Eastern India (1838) while noticing the history and topography of Gorakhpur, Montgomery Martin mentioned about Ayodhya and its glory.
95. A Gazetteer was published by Edward Thornton "Gazetteer of India" (1854). In 1858. Edward Thornton published another Gazetteer namely "Gazetteer of the
Territories under the Government of the East Indies Company of the native States on the Continent of India", in which, a fairly large description of Oudh is contained.
96. Reference of one more book which was filed as an exhibit needs a reference. The book Hadith-e-Sehba was written by Mirza Jaan in the year 1856. In the book it was mentioned that the place of worship called as birthplace of Lord Ram which was adjacent to Sita-Ki Rasoi, the Mosque was constructed by Babur in the year 923 Hijri The translated copy of the book as exhibit 17. The following extract from the book is relevant to be noticed:
The above mentioned place is called seat
of father of Lord Rama. Places of Idol
worshiping situated here were demolished
and even a single piece of any Idol of Hindu
religion was left there un-demolished. The
place where was big temple of Hindu people, big Masjid was constructed and the place where was small temple of Hindu people. there small Masjid was constructed. The place of worship is called birthplace of Lord Rama and the place which is adjacent to it. in called Sita x Raso and Sita is called wife of Lord Rama. At that place Babar Shah got constructed a very big Masjid under the supervision of Sayyad Muha Ashigan in the year 923 Hijri and its history is still maintained. Today the above-mentioned Sita k Rasoi" 15 called the Masjid.
97. The book is relevant since it was written in the year 1856 which was the period of dissension between Hindus and Muslims with regard to issue of Idol worship
at Ayodhya. The book candidly accepts that at the janmasthan of Lord Ram, Mosque was constructed by Babar.
Faith and belief of Hindus regarding Janam Asthan of Lord Ram during the period 1858 to 1949.
98. During this period, there are several Gazetteers, reports of A.S.I. books and other documentary evidence, which have been exhibited in the Suits. Apart from documentary evidence, a lot of oral evidence has been led by the parties
99. At first. Firstly, notice may be had of the
Gazetteers published during the relevant period by the Government. All Gazettes, which were published during the relevant period were under the full governmental
authority since the British had directly taken control over the area of Oudh w.e.f. 01.11.1958 by Government of India Act, 1858
100. At this juncture notice may be taken of one more relevant aspect, which is that after the British Government took over the area w.e.f. 01.11.1858, in the official reports, correspondences and orders issued by officers of British Government, the "Mosque" was always referred to as "Mosque Janma Sthan". which clearly
indicates that Government officers at that time always treated the mosque as situated at Janma Sthan. Sufficient materials brought on record evidences the
above aspect; which may be referred to. Sheetal Dubey, Thanedar Oudh has submitted a report on 01.12.1858, which is Ext. 21 of Suit No.1. which report also refers
to "Masjid" as "Masjid Janma Sthan" Report dated 01.12.1858 is already extracted.
101 Similarly in his report dated 06.12.1858,
Thanedar, Oudh, Sheetal Dubey, has again referred the "Masjid" as "Masjid Janam Sthan". An order was passed on the application of Thanedar Sheetal Dubey on
10.12.1858, in which order, "Masjid" was referred as "Masjid Janam Sthan". The said order is brought on record is Ext. A-69 (Suit No.1), already extracted.
102. Another important document, which has been much relied by Dr. Rajeev Dhavan in his submissions is Ext.
A-14 (Suit-1), which is a copy of the letter dated 25.08.1863 sent by the Secretary, Chief Commissioner of Oudh to the Commissioner, Faizabad Division, where
"Mosque" was referred as "Janam Sthan Mosque". The letter has already been extracted.
103. The above also clearly proves that even the Government officers referred the Mosque as Janam Sthan Mosque. which is fully corroborates the statements in
Gazetteers as noted and extracted above that Babri Mosque was constructed at the Janam Sthan of Lord Ram.
104. The next work to be noticed is Historical Sketch of Tehsil Fyzabad, Zilah Fyzabad, published by the Government in 1870. The Historical Sketch was prepared
by P. Carnegy. Officiating Commissioner and Settlement Officer of Ayodhya and Faizabad. P. Carnegy in his sketch states that Ayodhya is to Hindu what Maca is
to the Mohammedan and Jerusalem to the Jews. P. Carnegy description has been extracted.
105. P. Carnegy has further referred to Janmasthan and other temples and has categorically stated that at the place of Janmasthan Emperor Babur built a Mosque, which still bears his .D. 1528
106. P. Carnegy has also noticed under the heading Hindu and Musalman differences about great rupture which took place between the Hindus and Mohammedans
where Hindus were said to have taken control of Janmasthan after fierce fight. It further noticed that up to that time the Hindus and Mohammedans alike used
to worship in the Mosque-Temple and since British rule a railing has been put up to prevent the dispute.
107. Another Gazetteer published in 1877 is Gazetteer of the Province of Oudh. The Ayodhya has been elaborately dealt in the Gazette In above Gazetteer a description with regard to Janamasthan and other
temples, is mentioned as extracted.
108. Under heading "Babar's Mosque and "Hindu and Musalman Differences". the same contents have been repeated under the Gazetteer, which I have already
extracted while noticing the Historical Sketch of Tahsil Fyzabad, Zillah Fyzabad by P. Carnegy, which are not being repeated for brevity.
109. In 1880, A.F. Millitt prepared his "Report on Settlement of Land Revenue of the Faizabad" which is extracted above.
110. Next to be noticed is Report of A.S.1. of North West Provinces and Oudh, published in 1889, which states that "The old temple of Ramachandra at Janmasthanam must have been a very fine one, for many of its columns have been used by the Musalmans in the construction of Babar's masjid, extracted earlier.
111 . One more report published by Archaeological Survey of India published in 1889 needs to be noted, with heading "The Sharqi Architecture of Jaunpur; with Notes
on Zafarabad, Sahet - Mahet and other places in the North-Western Provinces and
(extracted earlier) Oudh by A Fuhrer
112. The A.S.I., thus, clearly state that Babar's Masjid at Ayodhya was built on the very spot where the old temple Janmasthan of Ramchandra was standing
113. Another Report was published by A.S.I. on the Monumental Antiquities and Inscriptions in the North Western Provinces and Oudh by A. Fuhrer. Referring to
Ramachandra, it mentioned that Lord Ram was born there. The Report refers that Janmasthanam Temple was demolished and a Masjid was constructed in 930 Hijri.
114. The next Gazetteer, which has been referred and relied is Gazetteer of Fyzabad, Vol. XLIII published in 1905 by the Government of the United Provinces of
Agra and Oudh (extracted earlier).
115. In the "Imperial Gazetteer of India" published in 1908 with respect to Faizabad Division, extracted earlier Page 90 .
116. In 1928, publication of Faizabad, Gazetteer was undertaken by H.R. Nevill, extracted earlier
117. Archaeological Survey of India in volume "The Monumental Antiquities and Inscriptions in the North Western Provinces and Oudh" in the year 1891 while describing Faizabad district, dealing city of Ayodhya noted that in place of important Hindu temple namely Janmasthan, a Mosque was built during the reign of
Babur which still bears his name. It was further mentioned that old temple must have been a very fine one, for many of its column have been utilised by the
Musalmans in the construction of Babri Masjid.
118. The Gazetteer of "Bara Banki", volume 48(1921). of the District Gazetteers of the United Provinces of Agra and Oudh mentioned about a dispute which took
place in the year 1853 between Hindu priests and Musalmans of Ayodhya with regard to the ground on which
formerly stood the Janmasthan temple, which was destroyed by Babar and replaced by a Mosque. Following has been stated at page 169 of the Gazette under the
heading History in chapter 5"...It would appear that the event happened
in the year 1853. The cause of the
occurrence was one of the numerous disputes that have sprung up from time to time between Hindu Priests and the Musalmans of Ajodhya with regard to the ground on which formerly stood the Janamsthan temple, which was destroyed by Babar and replaced by a mosque. Other mosques had been built there
by Aurangzeb and others and some of them
had fallen into decay. The ground, being
peculiarly sacred to the Hindus, was at
once seized by the Bairagis and others,
thus affording a fertile source of
friction...
119. The Gazetteer has further narrated details of a march by Amir Ali under whom large number of Muslims marched towards Ayodhya but were intercepted by Colonel
Barlow of First Regiment of Oudh in which large number of persons were slain and first infantry was almost destroyed. The Gazetteer reports that Amir Ali was also
killed. In February 1856, the kingdom of Oudh was annexed by British government.
120 Apart from Gazetteers and books as referred above. there are other documentary evidences brought on record
by the parties of the suits in question. Reference can be made to certain exhibits, certified copies obtained from public record which are submitted in the suit. An Application dated 28.11.1858 by Sheetal Dubey, Thanedaar Oudh is filed as exhibit-19 in the Suit No. 1. extracted earlier.
121 Next documentary evidence brought on record is an application dated 30.11.1858 submitted by Syed Mohamed Chatib Moazzim Masjid Babri Sites in Oudh. In the
complaint submitted by Mohammed Khatib Moazzim of the Babri Mosque, it was mentioned that a Nihang Singh is
creating a riot at janmasthan Masjid situated in Oudh.
Complaint mentioned that near mehrab and minbar, he has constructed an earth chabutra inside the Mosque, Puja and Home is continuing there and in whole of Masjid "Ram Ram" is written. The request in the complaint was to oust the Hindus from the Mosque (extracted earlier)
122. Another document filed as exhibit 21 dated 31.12.1828 which is the report submitted by Sheetal Dubey, Thanedar, Oudh. In the report, Sheetal Dubey has
referred the Mosque as Mosque Janmasthan' (extracted earlier).
123. Next exhibit relied is exhibit 31 of Suit No.1 which is an application filed by Mir Rajjabali khatib Masjid for removal of Chabutra which was built in the
Mosque(extracted earlier)
124. The above Application itself is an evidence of Chabutra of Hindus in the premise of Mosque and puja
being performed by blowing conch.
125 Another application was made by one Mohammed Asghar on 12th February 1861 seeking removal of Chabutra and hut of the Hindus from the Mosque premises. The
application was filed as exhibit 54 in suit 4.
126. The application was given on behalf of Mohammed Asghar, Mir Rajab Ali and muhammad Afzal Khateeb and Muezzin
of Babri Masjid situated at Janmasthan
Ayodhya. The application dated 12th March 1861 is extracted earlier.
127. One important fact which may be noted from the above application and some earlier applications which were made on behalf of khateeb and muezzin of Babri
Mosque is that description of Babri Mosque is always mentioned as "Babri Masjid situated at Janmasthan, Ayodhya
128. Exhibit A-55 filed in Suit No. 4 is report of Khem Singh subedar dated 16.03.1861 regarding demolition of Kutiya of Inkani Singh.
129. Exhibit A-30 filed in Suit No. 4, application dated 25.09.1866 submitted by muhammed Afzal complaint mentioned that Tulsidas etc. Bairagis had placed an
Idol inside the premises in 3 hours. Public complaint was made (extracted earlier).
130. Evidence has been brought on the record to the fact that Deputy Commissioner. Ayodhya by an order
dated 03.04.1877 has granted permission to Khem Das, Mahant, janmasthan to open the door in the Northern wall in the premises of Mosque. An appeal was filed by Syed mohammed Asghar against the said order. Grounds of the appeal have been brought on the record as exhibit 30 in Suit No. 1. The appeal also noticed that Idols on the premises have not yet been removed. The appeal also admits small Chulha in the premises. Ground 6 of the appeal(exhibit-30) is as follows:
Section 6 That there has been old controversy between the respondent and the appellant and the Hon'ble Court has ordered that the respondent should not do anything new on that place. But because of Baldeo Dass bairagis being underground, the order dated November 7, 1873 would not be served upon him. That is to say Idol has not yet been removed as per order. The respondent the intention occupying
continues to indulge in several activities
on the wall and on being restraint by
someone he becomes aggressive and in bent upon to fight with him. So he has made a chulha Within the said compound which has never been done before. In the past, there was near a small chulha kitchen for Puja which he has got extended.
131. In the above appeal героrt of Deputy Commissioner, Faizabad was submitted. In the report, Deputy Commissioner mentioned that opening of the door
was necessary to give a separate route on fair days to the visitors to the Janmasthan
132. The above report by Deputy Commissioner clearly proves that Hindus were visiting the jananathan which was within the Mosque premises. The Commissioner had ultimately dismissed the appeal of Muhammed Asghar on 13.04.1877
133. Another important fact to be noticed is filing of suit by Mahant Raghubar Das being case number 61 of 280 of 1885 before sub-judge Faizabad where plaintiff has sought permission to construct a temple on Chabutra existing inside the Mosque premises. The permission to construct the temple was denied by dismissing the suit
on 24.12.1885. An appeal was filed by Mahant Raghubar Das before District Judge Faizabad. The District judge dismissed the appeal on 18.12.1886.
134 The second appeal against the said judgement was dismissed by Judicial Commissioner, Oudh
135. There is further evidence which have been brought on record to prove that in the year 1934 there was Hindu Muslim riot in Ayodhya in which riot the Dome of
Babri Mosque was damaged by Hindus which was got constructed by Administration through a Muslim contractor. Documents pertaining to repair of the Mosque by a Muslim contractor, application for payment of his bills have been brought on the record by plaintiff of Suit No 4 which are testimony of differences and dispute between the parties which took place in 1934 damaging the Mosque which could be repaired after several months. The documentary evidence
referred above amply proves that within the premises of Mosque which premises is bounded by boundary wall the Hindus were visiting and worshipping in the period
in question. The application submitted by Khateeb and muezzin of Babri Mosque as noted above clearly admits the worship and Puja by the Hindus, construction of
Chabutra by the Hindus, putting the Idols by the Hindus in the Mosque premises. The reference of Babri Mosque as janmasthan Masjid in several application also
indicates that Mosque was situated at the janamsthan of Lord Ram. The above documentary evidence are testimonial of faith and belief of the Hindus that the
Mosque was on the janmasthan of Lord Ram. Their protest, persistence and actions to worship within the contractor. Documents pertaining to repair of the
Mosque by a Muslim contractor, application for payment of his bills have been brought on the record by plaintiff of Suit No 4 which are testimony of differences and dispute between the parties which took place in 1934 damaging the Mosque which could be
repaired after several months. The documentary evidence referred above amply proves that within the premises
of Mosque which premises is bounded by boundary wall the Hindus were visiting and worshipping in the period in question. The application submitted by Khateeb and
muezzin of Babri Mosque as noted above clearly admits the worship and Puja by the Hindus, construction of Chabutra by the Hindus, putting the Idols by the Hindus
in the Mosque premises. The reference of Babri Mosque as janmasthan Masjid in several application also indicates that Mosque was situated at the janamsthan
of Lord Ram. The above documentary evidence are testimonial of faith and belief of the Hindus that the Mosque was on the janmasthan of Lord Ram. Their protest, persistence and actions to worship within the Mosque is testimony of their continued faith and belief that premises of the Mosque is Janmasthan of Lord Ram.
ORAL EVIDENCES: -
136. The parties led substantial amount of the oral evidence in the suits. Plaintiff of Suit No. 4 produced 32 witnesses which are described as Pws. Plaintiff of Suit No.5 produced 19 witnesses which are described as OPWs. Plaintiff of Suit No.3 also produced 20 witnesses who are described as Dws. In Suit No.4, defendant No 2/1 produced 3 witnesses. Other defendants in Suit No.4 have also produced certain witnesses.
137. The oral evidences of the witnesses need to be examined with regard to the aspect of faith and belief of Hindus about the Janmasthan of Ram Janma Bhumi as
well as evidence of worship and Puja there at 327. Mahant Paramhans Ramchandra Das OPW-1, aged about 90 years (as on 23.12.1999), was examined by plaintiff
of suit No.5. Mahant Ram chander Das is resident of Panch Ramanandi Akhil Bharti Anni and Digambar Akhara, Ayodhya. He came to Ayodhya at the age of 14-15 years.
In In his examination in chief, Mahant Paramhans Ram in chief.
Chander Das states:
.since the time I came to Ayodhya, I have
always seen people going for Darman glimpse at seven places at Ram
Janmabhumi Hanuman Garhi Nageshwarnath Saryu, Chhoti Devkali, Badi Deokali, Laxman Ghat, Sapt Sagar situated near Chhoti Devkali and kanak Bhawan temple. The seven places are unchangeable and their location cannot be changed, which means that one place cannot be built at the place of other one. Mani Parvat is a famous place, bit is different from the seven places. There was an idol of Lord Ram at Ram Janam Bhoomi .
There was sita's kitchen also. As per
customs there was a special hall by the name of Ram Janmabhoomi and on all the pictures and statues of many Gods and Goddesses bere engraved their ow. Apart from statues. That place was also worshipped, which was said to be the birthplace of Lord Ram and where the Lord Ram has appeared. There was a platform also known as the platform chabutral of Ram Lala and a hut of straws in which priest of Nirmohi Akhada used to do worship and offer food.etc. To the deity
of Lord Ram..
138. In his cross examination he states:
"... The place, which i describe as Garbh
Griha in according to my belief and
according to the belief of all Hindus
birthplace of Ramchandra ji. consider
that place, where an 23rd December 1949
idol was installed after removing it from
the chabutra, a birth place and I used to
consider that place as birth place before
the installation of Idol there.
Question: Can that place, which you
described as birthplace according to your belief, be 10-15 hands away on either
side of the middle dome place?
Answer:
No. The place where the order is placed, authentic place and the whole Hindu community believes in chat very place. There is ne scope of any doubt. There
cannot be a distance of even two-four feet find the location of this place.
The basis of this beliefs that Hindus have been having Darshan of this place as
janmabhoomi Since centuries...
139. Next statement to be noticed is of OPW-4, Shri Harihar Prasad Tiwari. He was aged 85 years(as on 01.08.2002). He claims to have lived in Ayodhya from 1934 to 1938 at Ram Niwas Mandir which was only 250
300 steps from Ram Janam Bhumi. He has referred to faith and belief of people that Bhagwan Vishnu hasi ncarnated as Bhagwan Shri Ram at that very place. In
para 3 of his examination-in-chief, he states:
3. Ayodhya is an ancient and The holiest
Pilgrimage for Hindus where Farambharma
Parmeshwar Bhagwan Vishnu incarnated asS hri Ram, son of king Dasharatha. The
followers of Hinduism have the faith from
the time immemorial that bhagwan Vishnu
incarnated at Ayodhya as lord Shri Ram
This place is adorable. Owing to this trust
and faith people used to visit for Darshan
and Parikrama ( taking round of Shri Ram
family members,Bhoomi.Jarm
MyG randfather and elderly people, saints andh ermits of Ayodhya. during my study theref rom 1934 to 1938, used to say that BhagwanVishnu god incarnated an Bhagwan Shri Rama t this very place and this is Shri Ram faith andJ anam Bhoomi. Based on thisb elief I have been going to Shri Ram Janam Bhoomi for Darshan. After completing my study, whenever to go there for Darshan invariably. I mostly live in Sugreev Quila. ram kot. ayodhya for usually go to having Darshan. I came to Ayodhya I umed last 8-9 years and about the Ram Janmabhoomi for
140. Further in his cross examination he states:
holy sanctum The building having doma was the is sanctorum, where, it believed that bhagwan Shri Ram had taken
birth. Hindu pilgrims and Darshanarthies
(vievera) you need to offer fruits, flower
and money there also, owing to their faith...
141. Reiterating his faith in Ram Janam Bhumi in cross examination he further states:
.It is right that in ay above statement
1 had stated that the disputed site is the
Janam Bhoomi of Ram. This faith of mine is
not by reading any religious book but is
based on what I have heard from old and
aged person. I am having this faith wel1
before I came to Ayodhya. That is to say
when I gained consciousness I have such
faith and this was by hearing from the
people. In between 1934 to 38 when I was at
Ayodhya, possibly I would have gone to the
Janambhumi i.e. the disputed site thousands of times. During my studies I used to go to the Janam Bhoomi..
142. He in his statement also stated that there was Parikrama marg outside the west side wall of the disputed building and he used to do Parikrama.
"....Outside the west side wall of the
disputed building there was a Parikrama
Margarine) close to the wall and walking
on this route uged to perform Parikrama religious round. This route was made walk able and some old brick are laid
on it...
143. In his statement he also stated that he used to perform Parikrama through the Parikrama Warg.
144. Next statement to be noticed is the statement of
OPW-5 Ram Nath Mishra who was aged 91 years(as on
06.08.2006). He claimed to have come to Ayodhya in the
Baisakh month of 1932. He used to work as Teerth
Purohit. In his cross-examination he states:
" According to elderly people. It was
under the central dome the Lord Rama was
born as the son of king Dashrath. It was on
the basis of this faith and belief that I
and all the Hindu devotees of Lord Rama used
to have the darshan of Shri Ram Janam
Bhoomi. It was considered to be sacrosanct
place and a place worth worshipping...
145. He further states: -
A1 the Hindus have this old traditional belief that Lord Vishnu was born as the son of king Dashrath at this place only and that is why this place is so sacred and worthy of worship. It is on the basis of this faith and belief that lakhs of pilgrims have been coming to Ayodhya for the Darshan and Parikrama of Lord Rama's birth place and continue to do it till date. There is a stone of the times of the Britishers outside the main entry gate. on which is written Janmabhoomi Nitya Yatra and the digit one
of Hindit'ek)..
146. OPW-6, Housila Prasad Tripathi aged 80 years(as on 13.08.2002) claims to have come to Ayodhya in December 1935. In his examination-in-chief, he states: ". We have this faith and believe that lord Shri Ram was born at Ayodhya and that place
is famous as Shri Ram Janmabhoomi where
people in lakhs come from every nook and
corner of the country and after having
Darshan Ram Janmabhoomi do ta
Parikrama. It is on the basis of this faith
and believe that we also come to Shri Ram
Janam bhumi three to four times a year and
make it a point to have darshan of shri Ram
janam bhoomi and then have its Parikrama.
8. I am also of the firm faith and believe
that Lord Shri Ram was born at the same
very place at Ayodhya where thousands of
Hindu pilgrims come for Darshan and
Parikrama. It was on the basis of this
belief that since 1935, I also went to
Ayodhya three to four times every year and
after a bath in the Saryu river had darshana of Kanak bhawan, Hanumangarhi and of Shri Ram Janmabhoomi and had the Parikrama of Shri Ram Janmabhoomi.
147. He further states:
"10..There was a building of 3 shikhars
to the went of the wall with iron-bars in
which the place of the central Shikhar
portion is Shri Ram Janmabhoomi which is
called Sanctum Sanctorum, according to
Hindu tradition, faith and belief, On the
basis of this faith and belief, I also used
to go for Darshan and Parikrama of the Shri
Ram Janam Bhoomi.
148. Further he states: -
12. All the pilgrims - darsnarthees would
enter the Shri Ram Janmabhoomi premises
from the entry gate to the east and have
darshan of the idols placed at Ram
chabutra, of the idols placed under the
neem and peepal tree located to its south
east corner and Sita Rasoi and the foot
prints etc.. there and also have darshan of
the sacrosanct Sri Ram Janam Bhoomi located inside the barred wall which is considered to be the Sanctum-Sanctorum. The pilgrims and those coming for darshans and we used to make offerings like fruit and cash according to our shraddha. At the Sanctum Sanctorum also, the pilgrims and we after the darshan of this used to make offerings through the barred wall as per our belief.
149. In his cross-examination, he denied the fact that public opinion regarding Ram Janam Bhumi is of twentieth century. He states it to be since long as per
tradition
".. .However, the public opinion is that the
birth place of Ramji is the same i.e. Ram
Janmabhoomi about which a dispute is going on. It is wrong to say that this public
opinion is of the twentieth century. As a
matter of fact, it has been there since long
as per tradition...
150. OPW-7, Ram Surat Tiwari, 73 years of age(as on 19.09.2002), claims to have gone to Ayodhya for the first time in the year 1932 and thereafter has been going regularly. In his examination-in-chief, he
states: -
My elder brother told me that
this was the birth place of Lord rama
(this is Ram Janam Bhoomi) and from
the very ancient times Hindus have
trust. confidence and a popular faith
that Lord Vishnu had incarnated in the
name of Shri Ram son of Raja Dashrath
below the middle dome and this is why
it has been called garbhagriha
After having the darshan of Ram
Chabutra, the pilgrims and visitors
used to go through doors of lattice
wall to the three domed building and
from there they got the darshan of
Garbhagriha and they offered
flowers, prasad and coins towards the
Garbhagriha.
151. He further stated in his cross-examination about his faith and belief regarding Ram Janam Bhumi following words: "so far as 3-dome building is concerned, I had a faith which I maintained even today that it was the janam bhoomi of Ram Ji.
152. Further in his cross-examination, he stated that he after offering flowers and prasad prostrated himself on the ground below the dome from outside.
"...Before reaching the eastern gate, my
brother from outside the wall fitted with
iron bars offered flowers at the building
with three domes and gave it to me also
which I also offered. I offered the flowers
through the iron bars from outside only. At
the time when I offered flowers, prasad and
money offered by others were also lying
there. I prostrated myself on the ground
below the dome from outside only. I had
asked my brother why was he offering
flowers at that place, on which he told that
Lord Rama was born at the place under the
middle dome of this building. The place
which I had visited was the one below the
middle dome..."
153 OPW-12, Sri Kaushal Kishore Mishra, aged 75 years(as on 16.12.2002) stated to have perform worship in Ram Janam Bhumi at the age of 14-15 years. In his
examination-in-chief he states: -
"6. When I started to go to Ram Janam Bhoomi with my grandfather and father, I noticed that the pilgrims, devotees etc, who came to Ayodhya, used to visit Shri Ram Janam Bhoomi without fail. During the main festivals the gathering was very high, say more than lakhs and they used to worship and visit Ram Chabutra, Sita Rasoi, Shiv Chabutra and Sanctum-Sanactorum(where Lord Ram was born) below the middle dome of three domed building and make round of the premises (Parikrama) outside the walls only.
154. He futher states: -
12. I had been told by my grandfather and
father that according to the faith and
belief of Hindus since time immemorial,
Lord Ram was born as a son of King Dashrath in Treta Era in this Sanctum-Sanctorum situated under the building having three domes. This is the traditional belief and firm faith which makes the people of this country and the numerous pilgrims from outside to visit this birth place of Lord Shri Ram to pray and do parikrama of this place.
155. In his cross-examination, he maintain "it is by belief that he got his birth at the place where Babri Masjid was established.
156. Next witness OPW-13, Narad Saran, age 76 years(as on 27.01.2003) claims to have come to Ayodhya with a desire to become a Sadhu. In his examination-in-chief he states: "When entering through the eastern gate there was a building with three domes west, just below the middle dome, there was sanctum-sanctorum which was worshipped. My preceptor had told me about this place that it was always the most worshipped as the birth place of Lord Ram since time immemorial. I have also worshipped this place and found that it was thronged by thousands of pilgrims who paid their obeisance to this holy shrine. They also visited and worshipped Sita Kitchen, Ram chabutara etc.. and made a full round of the entire premises after coming out of Hanuman Dwara.
157. In his cross-examination he states:
"... Ayodhya is the Janam bhoomi of Lord Ram and we take the place below middle dome of the disputed structure as his Janmasthan Janams than and Janambhoomi have the same
meaning..
158. DW-3/14, Jagad Guru Ramanand Acharya Swami Haryacharya, aged 69 years(as on 23.07.2004) stated in
his cross-examination:
"... I used to go to three domes Bhawan for
darshan. earlier. I have also taken the
darshan of Shri Ram Lalla. I took darshan
because believe that one could get
salvation by doing the darshan...
159. DW-3/1, Mahant Bhaskar Das, aged 75 years(as on 29.08.2003). In his examination-in-chief, he states:
".. During my tenure from 1946 to 1949 till
the date of attachment no Muslim ever
visited the disputed site to offer Namaz
and no Namaz was recited there. Hindu
devotees used to offer money, Sweets
fruits and other items to the deities
seated within and out of the disputed site
which were received by the Nirmohi Akhara through the priest..
160. The witnesses who were examined by plaintiffs of Suit No.4 also in their statement have admitted that what they call Babri Masjid' is called by Hindus as Janmasthan'
161. Mohd. Hashim who appeared as PW-1 was aged 75 years(as on 24.07.1996). In his cross-examination he admits that the place which was attached on 220/ 23 December, 1949 is called Ram Janam Bhumi by Hindus and Babri Masjid by Muslims.
"... The place which was attached on
22nd/23rd December, 1949 is called Ram
janambhoomi by Hindus and Babri Masjid by Muslims In the suit of Gopal Singh
visharad also it has been called Ram Janam
Bhoomi by Hindus and Babri Masjid by
Muslims....
162. He further states that was Mecca is important for Muslims so is Ayodhya for Hindus due to Lord Ram.
163. PW-2 Haji Mehboob Ahmed aged 58 years, resident of Tedhi Bazar. Ayodhya, states in his cross examination:
.The grilled wall adjoined the wall of
the mosque to the south. We call it a Masjid
and the other party calls it a Mandir. The
height of the entire boundary was the same.
This was a fully constructed building to
the west of the courtyard. This was a mosque to which others called a Mandir...
Yaseen PW-4. aged 66
164. Mohd. Yaseen P-4. aged 66 years (as on years (as on 07.10.1996) also states following:"...I live in Ayodhya, so I often meet some Hindus and Priests also. We also meet them in marriage ceremonies. They believe that this is the birth place of Lord Rama. (Then said they have their own faith). Hindus consider it a sacred place and worship here...
165. Pw-23. Mohd. Qasim, aged 74 years, admits in his cross-examination that what he call Babri Masjid is: called Janamsthan by Hindus. He states "after that there is Babri Masjid on its one side. It is true that
the place I call 'Babri Masjid' is called Janamsthan by Hindus."
166 The oral evidence as noticed above of the witnesses examined on behalf of plaintiffs of Suit No.5, plaintiffs of Suit No.3 and even witness examined on behalf of plaintiffs of Suit No.4 clearly proves
faith and belief of Hindus that Janmasthan of Lord Ram is the place where Babri Mosque has been constructed.
Three-dome structure was treated as Birthplace of Lord Ram. People worship of the three-dome structure. parikrama of the entire premises by the devotees have been amply proved by oral evidences led in the Suit.
167. The statements noted in all Gazetteers as noticed above published under authority of government categorically and unanimously state that at Janmasthan
of Lord Ram, Babri Mosque was constructed in 1528 by Babar. It is true that statements recorded in Gazette is not conclusive evidence but presumption of
correctness of statements recorded have to be raised subject to being disproved by leading appropriate evidences. All Gazettes published by the Government authority repeats the same statement that Babri Mosque was constructed at the Janmasthan of Lord Ram. There is no evidence worth name led of the plaintiffs of Suit No.4 to disprove the above statement and further, oral evidence as noticed above clearly supports the faith and belief of Hindus that Lord Ram was born at the place where Babri Mosque has been constructed. The
conclusion that place of birth of Lord Ram is the three dome structure can, therefore, be reached.
168. Dr. Rajeev Dhawan, learned senior counsel submits that although in oral statements it was stated by the witnesses that birthplace of Lord Ram is below the
middle dome but infact Ram Chabutra which was outside the three-dome structure on the left side in outer
courtyard was the birthplace of Lord Ram. He submits that in the judgment of the suit filed in 1885 by Mahant Raghubar Das also the Janmasthan was treated to be Ram
Chabutra.
169. The sequence of the events as noticed above clearly indicate that faith and belief of Hindus was that birth place of Lord Ram was in the three-dome structure Mosque
which constructed at the janmasthan. It was only during the British period that
grilled wall was constructed dividing the walled premises of the Mosque into inner courtyard and outer courtyard. Grilled iron wall was constructed to keep Hindus outside the grilled iron wall in the outer
courtyard. In view of the construction of the iron wall, the worship and puja started in Ram Chabutra in the outer courtyard. Suit of 1885 was filed seeking permission to construct temple on the said Chabutra
where worship was permitted by the British Authority.
