Ayodhya
“Ayodhya ruling: SC
relied on 1940 Privy Council Judgment
Dhananjay.Mahapatra
@timesgroup.com
New Delhi: In denying justice person status
to Ram Janmasthan, the SC’s Ayodhya verdict relied on a 1940 Privy Council
judgment which dealt with a Sikh Muslim ownership dispute leading to demolition
of the Shahid Ganj mosque in Lahore.
The mosque, near
Naulakha Bazar in Lahore , was dedicated in 1722 by Falak Beg Khan. It came to
be occupied by Sikhs in 1762 during Ranjit Singh’s reign.
The land adjacent to
the mosque became a site for Sikh martyrs and a gurdwara. A tomb of Sikh leader
Bhai Taru Singh also came up. When the British annexed Punjab, the mosque
building and its property were in possession of the Sikhs.
A suit filed by Nur Ahmed on behalf
of Muslims seeking passion of the mosque
and surrounding land was first rejected in 1853. It attained finality in 1856.
On the night of July 7, 1935, the mosque was demolished by or with connivance
of its Sikh custodians under the influence of communal ill-feelings.
Riots and disorder ensued and much
resentment was felt and expressed by Muslims, the Privy Council judgment said
while dealing with a petition filed on behalf of Masjid Shahid Ganj seeking a
declaration that the mosque and its adjoining properties were a juristic
person.
Babri Masjid too was
attacked by a riotous mob in 1934 and its three domes were damaged.
Prior to this, in
1858, Nihang Singh Faqir Khalsa had intruded into the area under the mosque’s
central dome and wrote ‘Ram” all over the place with charcoal.
In 1949, idols were
placed under the central dome and in 1992, the mosque was demolished.
The Hindu parties had
sought juristic personality for Ram Janmasthan. A bench of then Chief Justice of India Ranjan Gogoi and
Justice S A Bobde (now CJI), D Y Chandrachud, Ashok Bhushan and S Abdul Nazeer
relied on Justice George Rankin’s view in the Masjid Shahid Ganj case in
denying the mosque and its properties juristic person status.”[1]
[1] “Ayodhya ruling: SC relied on 1940
Privy Council Judgment,” The Times of India (Vijayawada) 22 November
2019, 5.
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