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Mughal ruler Babur is an invader and an invader’s rights cannot be institutionalised, Hindu Mahasabha argued before the Supreme Court in the Ayodhya case.
Advocate Hari Shankar Jain appearing for Hindu Mahasabha made submissions to that effect today.
“Babur invaded India, he is an invader. Invader’s rights cannot be institutionalised. We have come far from the black days of slavery, we are living in a civilised society”, submitted Jain.
Jain also submitted that before 1855, there is no evidence that the disputed structure was used as a mosque. It was British who asked Muslims to assert the right to pray at the disputed structure. During the British period, the right to worship of Hindus were curtailed, submitted Jain.
However, Jain contended that Hindus took back possession of the disputed site in 1949 before the Constitution of India came into force. Therefore, the restrictions on Hindus as regards the disputed site would become void as per Article 13. In other words, it was Jain’s argument that Article 13(1) would render acts of Muslim rulers and British void.
After Jain completed his arguments, Shia Board advanced arguments. Shia Board maintained that a Shia Mutwalli used to manage the mosque. Both Sunnis and Shias used to pray in the mosque. However, a Sunni imam was appointed for the convenience of Sunnis since the Taraweeh namaz is not done by Shias.
Later when a dispute arose between Shias and Sunnis, Shia Board filed a suit in 1945. That suit was decreed against Shias because of the fact that the Imam was Sunni.
“What went against us was that in order to perform a ritual (Taraweeh Namaz) we had appointed a Sunni imam since Shias don’t perform it.”
Despite losing the suit, the Shia Mutwalli continued till 1949 when dispute arose with Hindus.
“The issue of whether it is a Shia Waqf or Sunni Waqf is still pending before Your Lordships”, submitted counsel for Shia Board.
The Bench then rose for the day.
This was the sixteenth day of the hearing in Ayodhya case, The other Muslim Parties will begin their arguments on Monday next week.
Read a Report of Day 15 hearing here.