Babri case: After fresh Sufi salvo, Sunnis smell a political conspiracy
After Central Shia Waqf Board took a backstep in the Ram Janmabhoomi case, a new dimension has been presented before the Supreme Court. The board urged the Supreme Court to act as a mediator in the matter and also suggested that the Ram Temple be built at the disputed site and a Mosque at a nearby Muslim dominated area.
The board also moved the Supreme Court challenging a trial court order which had on March 30 1946 declared the Mosque as Sunni Waqf Board property. The Shia board also admitted that the Babri Masjid was constructed after demolishing a temple on the site.
This gives the case an entirely new perspective. The Sunni board is clearly unhappy with these new developments. It has said that the affidavit is a politically motivated one and the same has no locus standi in court.
It may be recalled that the Allahabad High Court had in 2010 directed that the site where the Mosque once stood be split between the Nirmohi Akhara, the Waqf Board and Ram Lalla, who were all claimants.
Counsel for the Sunni Waqf board Zafrayab Jilani says that the affidavit by the Sufi Waqf Board will be challenged. There is no locus standi to it. Moreover there was no such affidavit before the Allahabad High Court, he said.
The Shia board on the other hand said that Abdul Mir Baqi who built the Babri Mosque was a Shia. Hence the mutawali or caretaker is the Shia Waqf Board. The Shia board came into the picture in 1989 when it was impleaded as a party to the case by the Vishwa Hindu Parishad. During the entire hearing before the High Court, the Shia board never took any such stance and hence it does will not stand before the SC, Jilani also said.
The Shia board however says that the Mosque was not built by Babur as has been claimed. In its plea, the Shia board said, "even if Babur ordered for building a mosque, the Wakif is the one who actually creates Waqf by dedicating it to the God. The mosque was built by Baqi out of his funds. Babur stayed near Ayodhya only for 5-6 days whereas construction of mosque took more time. The trial court failed to appreciate that merely ordering to build mosque does not make that person as Wakif. Babur might have ordered Baqi to build mosque but it was Baqi who chose the site and having demolished the temple got the mosque built.
The board went on to say that the Mosque was always looked after by the Shia community. However it was the British government which erroneously included it amongst the Sunni Waqfs in 1944 and it had approached Faizabad civil court in 1945 which had dismissed its claim a year after.
To give further proof to their claim, the Sufi board said that inscription on the pulpit of the mosque elaborately described Baqi as its builder and the court made serious error in rejecting its claim.