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Jamiat will file a review petition to challenge the judgment on  the  Babri Masjid-Arshad Madani

Jamiat Ulama-i-Hind President Maulana Syed Arshad Madani has announced on Sunday that Jamiat will file a review petition to challenge the judgment on  the  Babri Masjid title suit case given by the supreme court   November 9. The decision was taken after the Jamiat’s highest decision taking body the Working committee has given the nod to go ahead for this.

The Working Committee  has formed a five-member expert panel of jurists and Ulama (religious scholars) to look into every aspect of the November 9, judgment.The panel under the chairmanship of Jamiat President Maulana Arshad Madani has deeply gone into the prospects of a review petition challenging the apex court verdict.  The expert panel observed that the judgment was against the Babri masjid and it was not a final judgment as the option of reviewing is available under the Constitution of India. The panel found that in its more than 1000-page judgment, the 5- member apex court bench under the Chief Justice of India   has accepted the most of the evidence and arguments given in favour of Babri masjid. While the legal option is available, there is also Sharia obligation to defend the masjid till  the last  breath,  the  expert panel added.

It underlined that the Supreme Court made some observations that cleared many allegations regarding the construction of the Babri masjid.  For example, the mosque was not built by after demolishing on a Ram-temple and the ASI report also amply confirmed that the Babri Masjid was not built after razing down any temple there.

“The court has found that mosque has not been built by demolishing a temple. No archaeological evidence of temple under the mosque was found.” Furthermore, both the courts – the Supreme court and the Allahabad High court- had accepted this bitter fact that idols were put inside the Babri mosque illegally, first in the court yard of Masjid  then these were shifted to the main dome of the masjid in 1949 and  till then the five-time prayers were being offered in the mosque.

The bench also accepted that the mosque was demolished by a sheer act of vandalism and it was an illegal act.  In addition to this, both the highest courts also accepted that Muslims have ample evidence to prove that they had offered five-time namaz   from 1857 to 1949 in the Babri masjid. Now, it is perplexing that how the mosque was given to the Hindu parties despite Muslims offered namaz more than 90 years there? What does it mean and this is beyond everybody’s comprehension? The panel also underlined that the non-Muslim legal luminaries also expressed their reservations and disagreement with the Supreme Court judgment.

 The panel quoted retired Supreme Court Judge Ashok K Ganguly’s discontent with the apex court’s decision of giving the land to the Centre for the construction of Ram temple and said that the minorities have been “wronged”. Justice Ganguly, who retired in 2012, posed a question that if Babri masjid were not demolished and Hindu parties approached the court pleading that the Ram Janmbhoomi was inside the mosque, and then the court had ordered the demolition of the mosque?

The court would not have done this, then why it did now? Justice Ganguly asked.

In the light of above mentioned reservations and objections, filing a review petition has become necessary. It is also perplexing that the bench did not accept the deity  Ram Lalla as the owner of the land but handed over the mosque to the Hindu parties.Therefore, Muslims also use this legal option to challenge the Babri Masjid verdict, he said.

If we assumed that the court had used Article 142 of Constitution which gives it special powers, for delivering this judgment, but it was not based on merit and evidence and defied all reasons and logic, Maulana Madani said and adding that the said article of Constitution ordains to deliver judgment on the basis of evidences and proofs.  In spite of accepting most of the arguments and evidences in the case, the court has delivered the judgment against Muslims and in favour of the Hindu parties, he added.  The justice was not done fully as Muslim cannot shift the mosque, therefore, accepting an alternative land for the mosque is absolutely out of the question, Maulana Madani said. He said Jamiat Ulama-i-Hind has been struggling to reclaim the Babri Masjid since a long time and it will continue its struggle till its logical ends. It is to recall that on October 23, 2010 Jamiat Ulama-i-Hind’s Working Committee had decided that it would challenge the Lucknow bench of Allahabad High Court’s   judgment on Babri masjid case. Under the instruction of the Jamiat President Maulana Madani,  the Jamiat team of lawyers filed  the petition against  Allahabad court judgment in the supreme court  which was first suit challenging this verdict. Its Civil Appeal Nos.  were 10866-10867 — 2010

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