Muslims on Friday contended before the Supreme Court the Babri Masjid was destroyed by 'Hindu Taliban' in 1992, just as 'Taliban' razed down 'Buddha' statutes in Afganistan's Bamiyan.
Senior advocate Rajeev Dhavan, appearing for legal representatives of M Siddiq, one of the original litigants, made the controversial statement before a bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer, while strongly opposing a plea by Shia Central Waqf Board to give away the disputed portion of land for “unity, integrity and honour” for building a Ram temple.
“It is my view that just as Bamiyan statutes were destroyed by Taliban, the Babri Masjid was destroyed by Hindu Taliban. It is not that once, it was destroyed, nothing can be done. Such an argument cannot be allowed. The Constitution has preserved democracy and rule of law,” Dhavan said.
He once again made a strong pitch for reconsideration of the observations made in a 1994 judgement in 'Dr M Ismail Faruqui' case, which had stated that the mosque was not essential to the practice of Islam. He said no faith had a right to destroy a mosque and just because it was destroyed did not mean the right to offer prayer over there could not survive.
Dhavan said we are bona fide litigants and then accepted the observation as statutory reference was rejected. We did not get any occasion to seek reconsideration of the 1994 judgement by a five-judge bench. He reiterated the judgement, if not reconsidered, would adversely affect the outcome of the title suit before the top court.
Shia Central Waqf Board, represented by senior advocate S P Singh, submitted that there was no need to refer the matter to a five-judge bench. He said the board was ready to relinquish the claim in the national interest. The court fixed the matter, arising out of appeals against a 2010 Allahabad High Court judgement, for consideration on July 20.
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