'Mosque built on temple ruins not valid under Shariat'

New Delhi, Aug 14 (IANS): On the sixth day of hearing in the Ayodhya case, the Ram Lalla Virajman counsel claimed there is enough archaeological evidence to establish that the mosque was built on temple ruins, and if it is so, then Shariat law would not recognize the structure as a mosque.

Senior advocate C.S. Vaidyanathan, the counsel representing deity Ram Lalla Virajman, informed the court that the basis of his claim originated from various travelogues and sketches prepared by foreign travelers where a distinct image of a place revered by Hindus, for its immemorial divinity, has been identified in Ayodhya.

He pointed out that the travelogues of foreigners such as Joseph Tiefenthaler (early 18th century Jesuit missionary), Montgomery Martin (both British surveyors) and English merchant William Finch and others, establish historical evidence of people having faith in Lord Ram at a particular site in Ayodhya. These foreigners were never under any compulsion to lie, he said.

"If a mosque is built on the ruins of a temple, it cannot be a valid mosque", Vaidyanathan argued, stating it is against the Muslim belief.

He cited a travelogue written by English merchant William Finch, (1608 - 1611), who during his visit in India, documented how Hindus believed Ram was born in Ayodhya, and that there was also a fort.

"Finch's travelogue published in the book 'Early Travels to India', documents Hindus believed Ayodhya was the birthplace of Lord Ram, he told the court.

Vaidyanathan claimed that a joint possession of the site is not possible. "Faith cannot be dissected, bisected or trisected. The continuity of faith and belief shows despite other religious influences, the faith of Hindus continued, and it is established by continuity in the pilgrimage", he argued.

Justice S.A. Bobde, one of the judges on the Constitution bench, posed a query for senior advocate Rajeev Dhavan, appearing for a Muslim party, seeking information on the conflict between Shias & Sunnis over the disputed site. Dhavan replied that dispute does not affect the present proceedings. Vaidyanathan said in a suit filed in 1945 Shia Waqf Board admitted this is a temple land.

Vaidyanathan, to strengthen his arguments, cited the Archaeological Survey of India (ASI) reports, which claimed there is evidence of a temple under the Babri Masjid structure. The ASI submitted its 574-page report on the matter in 2003 to the Allahabad High Court. He also cited A.E. Cunningham's report, who conducted the first survey in Ayodhya in 1862-63 to support his arguments.

During the arguments, Justice D.Y. Chandrachud, another judge on the bench, said, "It seems to be a very fluid situation in Ayodhya. There is the presence of Buddhism, Jainism, Hinduism & Islam." Vaidyanathan replied, all these religions had an influence, but Hinduism always got revived. What never changed, however, was the unbreakable faith of people in the Ramjnmabhoomi.

"In fact, Hinduism did assimilate principles of Buddhism and Jainism as well", he told the bench.

Vaidyanathan cited the Allahabad judgement which clearly indicated that there is no issue that the site is the birthplace of Lord Ram, and a mosque was built on it. "All historical material shows divinity in the place of birth is true. There are also images of Lord Shiva, Lord Krishna and Lord Hanuman, and these images can be seen on the pillars. There are total 14 'Kasuati' pillars," he told the court.

During the first half of the hearing today, the bench asked Vaidyanathan: "When was it first called Babri Masjid?". He replied that it was brought onto public imagination in the 19th century and not before, and that there isn't any document to prove it either.

On this, the bench asked: "What about Baburnama (memoirs of Mughal ruler Babur), or is it totally silent on this?".

Vaidyanathan replied 'Baburnama' is silent on this. Then the bench queried: "What is the objective evidence available on record that Babur directed the temple demolition?". He replied that Babur had directed his general to demolish the structure. Dhavan, objecting to Vaidyanathan's submission, said 'Baburnama' mentions Babur crossing a river to Ayodhya and that two pages of his stay are missing.

Vaidyanathan said there were two versions on the destruction of the temple -- one by Babur and the other demolition by Mughal ruler Aurangzeb, but the inscription on a plank in the mosque indicates Babur constructed the three dome structures at the disputed site.

Vaidyanathan also cited excerpts from Hans Baker book on Ayodhya. He further cemented his arguments, stating that the ASI excavated and discovered a massive fortification wall at the site that may be as old as 3rd century BC.

Vaidyanathan has continuously argued for two days before the Constitution bench, and he is most likely to continue his arguments on Friday.

The apex court has taken a special initiative to conduct day-to-day hearing on the Ayodhya dispute, as the Chief Justice is scheduled to retire in mid-November.

Against the 2010 Allahabad High Court verdict, nearly 14 appeals have been filed in the top court. The High Court through its judgement, in four civil suits, partitioned the 2.77-acre land in Ayodhya equally among the three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

On December 6, 1992, the Babri Masjid structure was demolished.


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Comment on this article

  • MM, Mangalore

    Thu, Aug 15 2019

    Ram Lalla Virajman Council recommending sharia Law in the country. Not a bad option.

    DisAgree Agree [3] Reply Report Abuse

  • SmR, Karkala

    Wed, Aug 14 2019

    Senior advocate C.S. Vaidyanathan, the counsel representing deity Ram Lalla Virajman never read Islamic Holy book Quran of Prophets customs recorded in the authentic book of Hadith.
    This lawyer seems to be fooling the bench of judges with his wage history. If the court goes by his argument 'Hagia Sophia' in Turkey was always church.
    It was turned into a mosque in the 15th century after the Ottoman Turks defeated the Greek emperor in Constantinople and renamed the city Istanbul. In the 1930s, the founder of modern Turkey, Kemal Ataturk, turned it into a museum in his drive to create a secular republic on the ruins of the Ottoman Empire.

    The history has many examples in which Mosques converted to Churches, Temples to Mosques, Mosques to Gurdhwars from the period of Greek, Romans, Ottomans, Mughals, Hindu rulers and so on.

    Hindu and Jain temples dotted the landscape of Aurangzeb’s kingdom. Many modern people view Aurangzeb’s orders to harm specific temples as symptomatic of a larger vendetta against Hindus. Such views have roots in colonial-era scholarship, where positing timeless Hindu-Muslim animosity embodied the British strategy of divide and conquer. Today multiple websites claim to list Aurangzeb’s “atrocities” against Hindus and fuel communal fires.

    In one of his early acts as emperor, Aurangzeb issued an imperial Farman February of 1659 Aurangzeb.
    “You must see that nobody unlawfully disturbs the Brahmins or other Hindus of that region.”

    The Ram Lalla Virajman council and SC Judgest should read the below-mentioned books written by historians before pronouncing judgment.
    Monuments Matter: India’s Archeological Heritage Since Independence, the historian Nayanjot Lahiri
    The Man and the Myth, Audrey Truschke, Viking, Penguin Random House India.

    This is the same lawyer earlier argued that land record belongs to temple looted by dacoits in 1992. Ibn-e-Batuta from Morocco traveled 1333-1342 AD Under Dynasty Mohammad Bin Tughlaq.
    Is SC verify temple exist then?

    DisAgree [1] Agree [1] Reply Report Abuse

  • netizen, Mangaluru

    Wed, Aug 14 2019

    Responsible behind demolishing Mosque need to be punished. That should be the first priority of court .

    DisAgree [1] Agree [5] Reply Report Abuse

  • Sms, Kundapura

    Wed, Aug 14 2019

    Eh andar ki baat hai. BJP never want temple be built. Suppose if it is done, then on what they will fight elections?

    When people realize real agendas of BJP, it will be too late.

    DisAgree [3] Agree [2] Reply Report Abuse

  • Rolf, Dubai

    Wed, Aug 14 2019

    Agreed Ram was Born in Ayodhya but did not mention by British that Temple was demolished and Mosque was built .

    DisAgree [8] Agree [13] Reply Report Abuse

  • Prakash, Mangalore

    Wed, Aug 14 2019

    History repeats itself....
    Muslims of subcontinent who are immensely proud of their dominant Mughal history may feel infuriated.

    DisAgree [4] Agree [12] Reply Report Abuse

  • Desh Bhakth, Mangalore

    Wed, Aug 14 2019

    Vakil Saab, talk about temple in Babri masjid site not about people's faith towards Ram from your Britishers master's theories. First priove existence of Ram during the Babri masjid construction then prove pre existence of temple on that site. But as it stands now destruction of mosque by your hooligans is absolutely illegal according to Indian law for any reason.

    DisAgree [11] Agree [14] Reply Report Abuse

  • Prakash, Mangalore

    Wed, Aug 14 2019

    Time is ripe for a practical solution like Kashmir...

    DisAgree [5] Agree [14] Reply Report Abuse

  • Desh Bhakth, Mangalore

    Wed, Aug 14 2019

    If BJP finds practical solution like Kashmir and build the temple then what BJP can brag about to fool people during elections time???????....

    DisAgree [4] Agree [1] Reply Report Abuse

  • Alwyn, Mangalore

    Wed, Aug 14 2019

    Ha....Ha....Ha....Now BJP need the help of British and Christians.......

    DisAgree [16] Agree [22] Reply Report Abuse


Title : 'Mosque built on temple ruins not valid under Shariat'


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