World

Indian Supreme Court stays ‘strange’ Babri verdict

Criticises the high court decree to divide the disputed site into three parts.

Aditi Phadnis May 10, 2011

NEW DEHLI:

The Indian Supreme Court (SC) has stayed the Allahabad High Court’s judgment in the Ramjanmabhoomi-Babri Masjid case, calling it a “strange” verdict.

Although there was complete calm on the ground in Faizabad where Ayodhya is located, the SC’s intervention raised questions about the reasoning for the high court judgment – whether it was law or faith.

A SC bench, comprising Justice Aftab Alam and Justice RM Lodha, was hearing the case on Monday. It described the September 2010 judgment of the high court as “strange”, especially the three-part division of the disputed site. Justice Lodha observed that no party had asked for such a partition and the court had done it on its own.

A three-judge bench of the Allahabad High Court, in a lengthy judgment that ran into more than 5,000 pages, had directed that the 2.77-acre land on which the structure had once stood be partitioned into three parts among Muslims, Hindus and the Nirmohi Akhara. In its judgment, the high court referred to 274 books and cited 800 judgments.

During the half-hour hearing in a crowded courtroom, the judges remarked that “a new dimension was given by the high court as the decree of partition was not sought by the parties. It was not prayed by anyone. It (the high court judgment) has to be stayed. It is a strange order,” the bench said.

The court clarified that there shall be no religious activity on the 67-acre land acquired by the central government following the 16th century structure’s demolition by Hindu devotees. The present order substantially continues the orders that the SC had passed in 1993 and 2002, awaiting the judgment of the high court regarding the site’s ownership.

“It is a difficult situation now, the position is that it (the high court judgment) has created a litany of litigation,” the bench observed.

The bench was hearing a batch of appeals filed by the Nirmohi Akhara, Akhil Bharat Hindu Mahasabha, Jamiat Ulema-i-Hind, Sunni Central Wakf Board and others. The wakf board and Jamiat Ulema-i-Hind want the entire high court judgment to be set aside. According to them, the high court relied on faith rather than evidence.

Published in The Express Tribune, May 10^th, 2011.

COMMENTS (71)

Nobody | 13 years ago | Reply @ameer: More secular than American? Please, give me some of what you're smoking.

Suresh | 13 years ago | Reply If Indian Muslims can go to court and fight a battle for their religious possession fearlessly, without prejudices, that alone the strength of Indian state. There are bad guys on the street do all sorts of wrong things which they should never do, but a secular constitution and independent judiciary are all that matters. In this case however, the issue is who holds the title for the land. Unfortunately, neither Hindus nor Muslims. Both have their own version of long possession. A tricky situation for a secular state which respects all the religion, and considers they are all same. It can not even say, let the state acquire it and ask all the 3 parties to vacate the disputed land.

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Suresh | 13 years ago | Reply @Shahanawaz Kashmiri… Out of millions raped in Kashmir, can you give me region wise data. For example how many in Poonch, Rajouri, Ladhak and finally the valley. Obviously, Srinagar and Ananth Nag have/had highest density of military, obviously rapes here too should be highest. So, how many in these two towns alone? Shall we say 750,000???

Ashok | 13 years ago | Reply Shanawaz Kashmiri is not a Kashmiri folks, neither is the terrorist of the 313 Brigade, Ilyas Kashmiri. Both are Punjabis/Mirpuris from what is today Azad Kashmir. There is no Kashmiri surname called 'Kashmiri'. It's like being born in Canada and changing your last name to 'Canadiani' - it makes no sense. Names like Matoo, Hak, Dhar, Kaul, Bhatt (not Butt, which is Gujjar) etc are Kashmiri surnames.

Ashok | 13 years ago | Reply I predict this is a bad decision by the court; India should have treated this as a one off affair - and made a special exemption clause - so that it wouldn't be used as a test case for future verdicts. By over intellectualizing this issue, the court has forgotten the empirical nature of the case - one that is rooted very much so in a practice invading Turks took to - demolishing shrines and structures associated with religious and cultural practices outside what they perceived to be the norms in Islam (this included some Islamic structures that were declared heretic as well). Despite the creation of Pakistan (and former East Pakistan) in 1947, Hindus have not sought to prevent muslims from creating new mosques, nor have they demanded demolition of all mosques. What they have been demanding throughout the past 60 plus years are narrowed down to just three structures - The Ram Janmabhoomi, the Krishna Janmabhoomi, and the Kashi Vishwanath temple in Benares, the holy city of Hindus, which is currently under the dome of a mosque - the Gyan Vyapi mosque, established by Aurangazeb. Out of all the mosques that exist in India, Indian Muslims must ask themselves, why just these three structures? Out of all the places and mosques in India? There must be something more about it that would make Hindus have a special affection for these locations. By staying the issue, the Supreme court has decided that since camcorder video technology was not available prior to the 20th century, Hindus should lose any hope of restoring holy structures and should not have any special affection towards their religion. My fear is that, no longer will Hindus just settle for a shared and truncated Ram temple in place of the Babri Masjid, but will rightly ask about the other two structures as well. This is an example of genuine justice being subverted to the majority community of India, which has had to bare the brunt of ruthless practices of foreign invaders since time immemorial. This speaks poorly of the Supreme court of India.

gandoo | 13 years ago | Reply @muhammad aamir salim: "India has progressed so much & is now talked of as an economic powerhouse is that they are a secular country,india hasn’t allowed religion to interfere in the matters of the state.they’ve not allowed hinduism to decide the how to phrase the laws in their country." Indian economy was ahead of pakistan in 1947 and is ahead in 2011 so nothing new to reprot their. The British Raj only developed port cities all of which are in India.The British Raj on partition gave most of the assets to you.Pakistan is a much smaller country your blocked out water and trade on day 1 so pakistan has always been on the back foot. As for India being secular and pakistan being islamist. 1)Pakistan is neither secular nor Islamic law as you crazy media things it is 2) india is not secular. 3) Manmohan Sigh maybe PM but he is not the real person in charge and people only vote for the gandi family not for him Secular has nothing to do with economy.

Talha | 13 years ago | Reply @s. ali: what are indians doing on this page ????? just because the Indian media self censors about the extent to which hindu radicalism has infiltrated not only BJP but Congress as well doesnt mean it does not exist.

p | 13 years ago | Reply ha! doubt it!....no one really cares about thisissue anymore except for the intimately connected stakeholders, for sure it has for long not been raised as a issue during elections and a salute tothe indian electorate for that@NA:

Raj | 13 years ago | Reply @Shahnawaz kashmiri : The sorry situation of the Muslims that you have put in your latest post is partially true though the exact figures are debatable. However the major onus for this go to the Muslims themselves and not the state. Yes the state has his own list of flaws which is quite large but that is not particularly directed to a specific caste or religion but rather to it's common citizens in general and economically deprived groups in particular. But things are improving slowly and probably in another 10-15 years there will be more parity in the society when we talk about economic and social opportunities. Now coming to my first argument , I personally believe a section of the Muslim society are to blame for the sorrow state of their community in general. In many villages they don't encourage their children to go to schools even if it is available, rather they will listen to what the religious head will say and send the kids to madrasas who have a very poor education system as per global and national standards. Significant number of common muslims get easily brainwashed by religious bigot in his locality and gets distracted from the mainstream life. That's why except Turkey and Iran, most of the Muslim dominated regions across the globe suffer the same problem of education that you have pointed out. And once they don't have any education it's tough to survive out their unless your father is some Sheikh with oil fields in Arabia. The government has it's own responsibilities but the people has his own as well. Does that mean that other communities are free of such religious bigotry. Not at all. Several hindus of India are equally brainwashed by their priest class and suffer like their Muslim brothers. But the positive part is a significant section of Hindus have come out of the grip of such hypocrites and started using their own brain. They are still religious in spiritual sense but slowly they have realized that their life and family will be at stake if they let others control themselves. In recent years many Muslims have realized the same and started challenging orders of their so called religious leaders and started moving on with their own life. Indian Muslims who have freed themselves from the religious burden are right on track of achieving their dreams and earning honour and respect in their society. However you will not understand all these things as you are not a citizen of Indian Kashmir. You are too uneducated to understand that dhoti and tika is not just part of religion but part of subconitnent culture. You believe only what is poured into your head without analyzing the same. But then why am I righting this reply to you. No this is not for you. You are a lost case. This is for numerous other readers of this blog who still possess some sanity but may get get distracted by your false rhetoric.

Anoop | 13 years ago | Reply @Shahnawaz kashmiri, You are talking about a Country which has the Khans ruling its Film Industry and a excellent representation of Muslims in its favourite sport. You are talking about a Country which elects a Sikh Prime Minister, in spite of being 80% Hindu! You decide who tells lies and who doesn't.

Anoop | 13 years ago | Reply @A Pakistani: That figure of 4000 is only increasing every day.. You guys add 1 for every single day that passes. In a population of 1 Billion, with a variety of Languages and Cultures and Religions, there is so much prosperity and peace in India. You talk about an incident that happened a decade ago, but what about the 3000 or so killed every year in Pakistan by fellow Muslims? In India Minorities are given protection under the Constitution, in Pakistan they are institutionally discriminated!!

SKChadha | 13 years ago | Reply Possession is first right and it is always protected unless there is adverse unflinching proof of ownership. There are many rights (e.g. possessory, ownership, tenurial, succession, lease hold, easement etc.) over immovable piece of land and different people may hold different rights. Even today in India, there is no single document to title defining rights of different persons on same immovable property. The rights and title to immovable property is derived from different documents (e.g. documents of sale, gift, will, succession orders, revenue records, tax receipts etc.). Babri Masjid/ Ram Janm Bhumi, whatever you call this piece of land is a classic dispute where title to land is not ascertainable. Moreover, GOI acquired even its possession over 100 years back through notification and hence nobody other than GOI hold its possession which is also final under Law of Limitation. The different warring parties/ individuals are enjoying easement rights to practice their faith over this piece of land. It is also a fact that no ‘Namaz’ is being recited at the site. Surprisingly, all political superiors in India i.e. Parliament, religious leaders, Hindu Mahasabha, VHP, Umma, Ullema, political parties etc. etc. rather than taking reasonable decisions in this dispute are shirking their responsibility by putting burden of proving the title over the Courts. I do not know how far it was correct and possible for courts to decide? These ‘Thekedars’ of public morality failed to provide better social order of which all of them claim to be champions. The issue will now be taken up to SC. It is turning out to be a big joke ..?? To my opinion, the history will not spare these bunches of jokers who want to keep it alive to secure their vote bank. We have lost minimum human sense of good social order and peaceful co-existence.

MHJ | 13 years ago | Reply @all indians : Well, if we assume for a moment that there was a temple in 1500's (only assume cant believe). Then how many centuries have passed. Surprised you people dont have any limitation act !

MHJ | 13 years ago | Reply @Narain: Well i think you have not taught history, Kashmir was a part of Pakistan but Indians showed their "Banya" approach and deceivingly occupied the Kashmir. You need to get some history classes.

SKChadha | 13 years ago | Reply In most of civilizations, possession is first right and it is always protected unless there is adverse unflinching proof of ownership. On immovable property people have different rights (e.g. possessory, ownership, tenurial, succession, lease hold, easement etc.). Different people may have different rights over the same property at a given time. Even today in India, there is no document to title which defines holding of all above rights in a single person. The rights in and title to immovable property is derived from different documents produced before the courts (e.g. documents of sale, gift, will, revenue records, tax receipts etc.). Babri Masjid/ Ram Janm Bhumi, whatever you call this piece of land, is a classic dispute where title to land is not ascertainable and possessory right are with different warring parties/ individuals. Moreover, with GOI acquired its possession over 100 years back and hence nobody hold even the possessory right to the land under Law of Limitation. Yes, people of different faith are enjoying easement rights to practice their faith over the land. Surprisingly, all political superiors in India i.e. Parliament, religious leaders, Hindu Mahasabha, VHP, Umma, Ullema, political parties etc. etc. rather than taking reasonable decisions in this dispute are shirked their responsibility by putting burden of proving the title over the Courts. I do not know how far it was correct? They are shirking their responsibility, even now, to provide good human social order of which all of them claim to be champions. The issue will now be taken up to SC. It is a big joke ..?? To my opinion, the history will not spare these bunches of jokers who come forward to lead the society and do not have minimum human sense to maintain social order. Regards.

Observer (Mumbai) | 13 years ago | Reply @ Athiest (India) & Prashanth - both of you are right. The case can be settled ONLY on the basis of Indian law. Whoever has the title to the land owns it. Period. Does not matter what Ram did 4000 years back or Babur did 500 years back or ABC did 100 years back. Since 1950, India has a constitution and we will abide by it come what may. Muslims hold the title to the land and I believe it should go to them. Hopefully the honorable Supreme Court will make a similar judgement. If our cherished rule of law is circumvented, we'll be no better than a police state with arbitrary laws. [I'm a practising Hindu, by the way]

Observer (Mumbai) | 13 years ago | Reply @ Narain - I'm an Indian and I find your words ill-informed. What happened 500 years ago (invasion of Babur) cannot be undone. Nor can it give justification for current hatred. If that is the case, why not demolish British buildings including the entirely British build New Delhi? After all, the British were unwanted invaders from outside.

Shahnawaz kashmiri | 13 years ago | Reply Hahaha some indians here using fake id names are calling themselves as pakistanis. Pity on them as they are even ashamed to disclose their names. Hahaha.

Shahnawaz kashmiri | 13 years ago | Reply If the link of washington post "muslim as untouchables" of india, i mentioned above doesn't work just google it. :p

Aninda Chowdhury | 13 years ago | Reply I think the archaeological survey of India have proved the existence of a Ram temple before 1528. So, its not about proving whether a temple was there or not. In a modern, democratic and civilised world, I don't think we Hindus should have razed the mosque like that. We could have easily made another temple just adjacent to it thereby promoting Hindu-Muslim unity. Just because, Babur was brutal to Hindus doesn't mean we should also be brutal to today's Muslims. Now the only solution is that the place to be completely abandoned or both temple and mosque to be allowed. I myself being a lawyer still respect the HC judgement, because, I think its the law who is there to serve the people and people are not there for the law. That was the best way to maintain Hindu-Muslim unity which the SC is ignoring unfortunately.

Shahnawaz kashmiri | 13 years ago | Reply @To all indians guys what you are saying has no evidence. And if you are bringing any evidence from websites you come up with indian websites which are busy in propaganda and hatred. You should have shown me some evidence from neutrat websites so that i could have believed. About kashmir, some body said population of kashmir valley is just 7 million, he smells like a "dogra certificate" type of mind. Kashmir means whole kashmir right from indian occupied kashmir to azad kashmir to 1.5 million refugees from indian occupied kashmir in azad kashmir. And the population of indian occupied kashmir is 1.25 crore. India murdered millions in kashmir right from 1947, as is evident because after partition " percentage population of muslims in IOK has been decreasing(approximalety 2% after every census while population of hindus has been increasing almost by same margin)". This is story of indian genocide. An indian muslim ofcourse in fear wears "doti and tikka" a hindu dress to evade muslim identity, as i know it myself because i'v visited many states. This is the status of indian muslims www.washingtonpost.com/wp-dyn/content/article/2007/11/01/AR2007110101035.htm an indian muslim is treated as untouchable in india. NCAER report says that 1/3rd of muslims in india survive for less than Rs 550/month. NSSO in report titled "education in india, participation and expenditure" says that 100 muslims in education system, just 10 are enrolled in high school and above. Higher education among urban muslims is lower than that of counterpats in rular areas. 52% of muslims in india are unemployed, compared to 47% of dalit untouchable men. Unemployment among muslim women in india is 91%, compared to 77% among dalit untouchable women. 48% of muslims older than 46 cant read and write. Muslims hold only 4.9% of governmental jobs despite having more than 13% in more than population share. Seriously....what is happening in india...leave aside hatred, why are muslims in india treated as un touchable dalits and more importantly earn on average less than untouchables. Read sachar commission report it makes in tears.... What is happening why are muslims slaughtered in riots..... Why isn't modi and mohan bagawat hanged..... Why there things dont make news in indian media. OH ALLAH/EISHWAR/RAM now only you can save muslims of india

Manoj | 13 years ago | Reply @Shahnawaz kashmiri: You deserve no reply. You are either ill informed or have sick mind.

s. ali | 13 years ago | Reply I believe that pak is not the saviour of Muslims. Do u know Pakistanis , why Islam is so hatred religion now a days ? Due to people like you and the intolerance of the arabian muslims.who,the hell , are you to interfere in our state's matter .Muslims were killed in Guj and being a muslim and a resident of Gandhinagar ,i know what was the real cause . But nobody mentions about 34 muslims who were killed in 26/11 attack .Not a single one mentions this . Mass murderers are roaming freely and causing suicidal attacks in Pak,but nobody mentions that .At least People kill in the name of religion here because of lack of education ,but there muslims kill muslims .And you have come here to defend urself. Pak rapists rape thousands of Bangladeshi muslims ,nobody mentions that. I think I don't need proof for that .How do u know that indian soldiers rape thousands of women in Kasmir.this is just a propaganda. in Recent days ,the separatists are killing each other,if u r keeping close eye on it. Indian military is under control of gov and trying their best to nail the protesters who were also brainwashed by eparatists.

prashanth | 13 years ago | Reply @Atheist, India: Land disputes are decided on title. Possession also has a large role in deciding the title.

CK | 13 years ago | Reply Soon.. muslims will dominate India and both Pakistan and India will be reunited ;)

Rakesh Kaul | 13 years ago | Reply @Shahnawaz kashmiri: " ... Indian religious state terrorism knows no bounds. indians even set on fire a historical and famous jamia masjid in kishtawar in occupied kashmir, even though kashmir is a muslim majority area ... " Events beyond your control are unfolding - "Azad Kashmir", GB/NA will all be absorbed into Jammu And Kashmir, and regularized as another state in India. The Great Game includes these areas AND Afghanistan AND Baluchistan. Something to think about - Did PPP/PML-N/MQM win in the recent elections in GB or did a Nationalist Party take the elections ?

jals | 13 years ago | Reply @Rizwan Wattoop: Well before Babri Masjid came into existence there was temple which was destroyed and built by Babar. You can google yourself to see the historical facts. Ofcourse Islam never originated in India, and it came with invaders who invaded and destroyed local religion in most of the countries around the world.

Insane guy | 13 years ago | Reply @A Pakistani: Even last year one temple was destroyed in Pakistan last year.. http://www.rediff.com/news/slide-show/slide-show-1-durga-temple-faces-destruction-in-sindh/20110311.htm And this one to be destroyed this year... http://www.dnaindia.com/world/reportpak-to-demolish-87-yr-old-temple1412526

Narain | 13 years ago | Reply @Atheist, India: If you are an atheist, then why do you care who the land goes to? In any case, the Masjid was built by Babur, an unwanted invader, not by Indians. So, its demolition is fully justified.

Narain | 13 years ago | Reply @Shahnawaz kashmiri: If the basis of your separation from India is that you are muslim, then you should have moved to Pakistan when the partition of 1947 happened. Having stayed back and then seeking additional separation now is unacceptable. The Union of India has been formed and there can be no more separation to it. So, the choices before you are very clear: stay with India or leave.

Harish Bishwas | 13 years ago | Reply Those who want to understand the situation on Indian muslims can take a clue from the initial lines of this news article which mentions one of the two Supreme Court Judges as "Aftab Alam". I as an Indian first and hindu second will respect whatever decision is given by the honorable supreme court of India.

Seeker | 13 years ago | Reply @Shahanawaz Kashmiri... Your lie starts here "millions of murders in Kasmir"....do you know how many zeroes are there in millions..??? Population of kashmir valley is 7 million (as in 2011) with total of 12.5 in all J&K...up from 11 million in 2001....wow..despite of "millions" of murder the population is rising na?? due to RAW and Hindutva Brigade??? "In india a muslim in fear wears a “doti and tikka” on head to evade muslim identity." yeah...and all those people with lungi and topi on their head are the secular hindus trying to balance it na? "There is no doubt that every day an antimuslim riot breaks in india, everyday a mosque is breaked." Wow...really?? everyday?? ..you have so much of knowledge ..you must be indulge in the riots na?...where do you get your data from?? Geelani...??

Malay | 13 years ago | Reply @shanawaz kashmir After reading your 1st post I thought about a detailed reply. After reading the next few I am of the opinion that you have already decided that India is a facist hindu state and then started looking for evidence which supports your pre-fixed opinion. The way you quote figures of millions and thousands at the drop of a hat, I doubt if you can count from 1 to 10. Lets look at them. If millions of kashmiris are killed by Indians then in 64 odd year there would have been very few left in kashmir. And if a mosque is brokendown everyday, again in 64 years 23,360 mosques would have diappeared by now. By the do you know the no of kashmiri pundits who were in kashmir at the time of partition and how many of them are there today. They are systematically pushed out of the state. That's what is sort of genocide. What you don't know is that Bangladeshis (who happen to be muslim) in thousands have moved (illegally) into India for a better future. Surely they thought about their mortal safety and religious freedom before they crossed the border.There are a lot that can be said but I will say this much. India (not hindustan) is not a religious state. Yes we are not perfect, but for last 64 years everyday we are inching towards a society which will reflect what the makers of our constitution intendrd. It's a journey frought with many pitfalls but if the past is any indication I am hopefull we will be there. Even if one mosque or church is destroyed by fanatics It's wrong, even if one minority member is discriminated against It's wrong and the state and the judiciary should address the problem and fix it. That's how civilised socities are run.

sumeet | 13 years ago | Reply @shahnawaz kashmiri,do indian govt listen to geelani,mirwaiz?then who are you?no one gives a damn about what you say.indian are busy with their problems and so is pakistanis.and please write my state's name correctly.it is ODISHA not ORIAISSA or orissa or anything.

Shahnawaz kashmiri | 13 years ago | Reply Indian religious state terrorism knows no bounds. indians even set on fire a historical and famous jamia masjid in kishtawar in occupied kashmir, even though kashmir is a muslim majority area

Cautious | 13 years ago | Reply I suppose those justices never read anything about Solomon. When respondents are unwilling to compromise there should be nothing to prevent a judge from implementing a compromise - the winner takes all approach isn't necessarily the best.

Neutral | 13 years ago | Reply @A Pakistani: In 1989 and 1992 over 300 Hindu temples were destroyed. Many Hindus lost their homes. The largest outward migration of Hindus from Pakistan since Partition took place during these years.... Just try to check it on internet and you can find all the details

Naveed Ahmed | 13 years ago | Reply @Shahnawaz kashmiri That's just a desperate propaganda to start another round of stone pelting in Kashmir valley this summer. The thing is, Indians, especially Indian Muslims have moved on. All they care about now is economic progress. But Kashmiris like you are still being brainwashed by hardliners having political agenda. Wake up before it's too late.

Raj | 13 years ago | Reply @Shahnawaz kashmiri : "There is no doubt that every day an antimuslim riot breaks in india, everyday a mosque is breaked." You are not from Kashmir. Otherwise you would not have written such comments. Even majority of the Pakistanis who have minimal level of education are laughing at your comments because even they know that given the current socio-political situation Muslims are safer in India than in Pakistan or Middle-East though they may not be vocal about it. However it's altogether a different case if you are suffering from a mental glitch. My feelings for you.

ameer | 13 years ago | Reply @Shahnawaz kashmiri Request to all indian members to ignore this clown! As a pakistani i know that india is more secular state than america and much better than any muslim country!! Moreover in kashmir,our role in destabilizing plays a major part in polarization of kashmir!! I know we cant win kashmir nor can kashmiris liberate with silly protests. So india and pakistan must learn to live and concentrate on economy

Shahnawaz kashmiri | 13 years ago | Reply And it is very funny to see indians posting craps here and spewing venom of hatred and propaganda. I thank pakistani newspaper for giving them chance and if i ever make any comment on indian newspapers i'v never seen my comment moderated their. Hahaha recently i was blocked by times of india on facebook. Haha indians dont encourage even dialogue. Pity on them

Shahnawaz kashmiri | 13 years ago | Reply @Narain: oh come on, what kind of inquiry, asia-nelofar type na? After army raped and murdered them, CBI said that they got drowned in rivers haha. And no their isn't only CRPF in kashmir but army aswell including BSF. And if you are so much concerned about kashmiri violent activities then where where you when modi murdered lacks of muslims in gujrat in violent activities. We protest peacefully but when live ammo, bullets tear gases and rubber bullets are fired at us we turn violent and start protesting with stones. And hahaha we are people who have converted by our own will into islam from hinduism and we never erased any religion like hindus erased buddhism from india.

Raman | 13 years ago | Reply @Atheist, India: Constitution will certainly have the final say. But if more that 2/3rd of the people agree to an issue, then that is the constitution.

Shahnawaz kashmiri | 13 years ago | Reply In india a muslim in fear wears a "doti and tikka" on head to evade muslim identity. Safaron terrorists following the hinduvta ideology are murdering muslims in genocide. Mosque in india are blasted by hindu safaron terrorists eg, Meeca masjid blast, malaygoun blasts, ajmeer sharief blasts, dargah blasts etc and then a police man who takes charge to eradicate hindu terror is murdered just like hemant karkare. Those who want to know about condition of muslims in india should know about "Sachar commission report" according to which A muslim in india is treated as untouchable and second class citizen and on average are poorer than the poorest dalits(lowest caste of hindu society). There is huge discrimination about muslims in india. "washingtonpost says that muslims in india are new untouchables". There is no doubt that every day an antimuslim riot breaks in india, everyday a mosque is breaked. Not only muslims but sikhs too are murdered eg in 1984 more than 3000 sikhs were murdered in cold blood murder in delhi, christians in orrisa etc. Dalits are murdered by hindus mercilessly. India is an upper class hindu state, in nagaland adivasis are the target. The draconian laws like AFSPA AND PSA has made lives of kashmiris a mirage. Forced conversion occur in hinduvta influenced india where a muslim is extremely frightened to disclose his/her identity... India can murder kashmiris but not all kashmiris the day isn't so far when we will come out of imperialism and get freedom of india

Narain | 13 years ago | Reply @Shahnawaz kashmir: No one believes your nonsense. First of all it is the CRPF and not the Army that is deployed in Kashmir. While there may have been some atrocities as with any such deployment, it has been few and most investigations of allegations have been found to be without merit. As far as law enforcement is concerned, what do you expect the police to do if the muslim inhabitants of Kashmir engage in anti-national and separatist acts of violence, rioting arson and destruction of property and life? Kashmir belongs to India and has for 5500 years. Those who do not want to live in India are free to leave. In any case, muslim inhabitants of Kashmir are not indigenous Kashmiri but migrants from Central Asia and as such cannot have any sort of claim on the territory of Kashmir. It was the benevolence of India that these migrants were allowed to remain and instead they have reciprocated by indulging in a violent separatist movement.

narayana murthy | 13 years ago | Reply @Shahnawaz "It is the policy of india to kill muslims and declare india as hinduvta state….isn’t it?" By the way, even if all Muslims are eliminated, India will not become a "Hindutva state" (sic) (If you are educated enough, you'd know that it's Hindu state and not Hindutva state. It's like saying Musalman state. Makes no sense), because there millions of Christians, Sikhs, Jains, Buddhists, Zorostrians and Jews living happily in India.

narayana murthy | 13 years ago | Reply @Harsh "It’s just that Hindus just can’t prove that their god Ram was born at that place and Ram revers the dearest spot for at-least North-Indian Hindus." It has got nothing to do with proving Ram's birth. It only has got to do with proving the existence of the temple. I bet no one can prove the existence of Prophet Mohammad or Jesus Christ for that matter.

narayana murthy | 13 years ago | Reply @Shahnawaz I could say that you're a Pakistani pretending to be a Kashmiri. But, let me take a different route. Kashmir is not very behind Pakistan when it comes to conspiracy theories. There are a few thousand people who back militancy in snatching our land. But that has failed miserably. However, these people should stop listening to lies spread by Geelaanis and other separatists and the poison also spread by religious teachers. Thousands have disappeared, yes. That's how one deals with terrorists. Regarding the claim of rape, why don't you provide a credible link here? Maybe, asking for rationale from people like yourself is too much. In India, muslims haven't been forced to convert. On the contaray, Muslims have tried to force convert Hindus. Love Jihad is one of them tactics. (http://en.wikipedia.org/wiki/Love_Jihad)

Atheist, India | 13 years ago | Reply The decision by the lower court was absurd. Just because you barge in a house and demolish it does not mean that the plot now belongs to you. I am an Hindu by birth and an Atheist by belief and I strongly believe that the land belongs only and only to the Muslims and only they should have the final right on it. This will serve as a precedent to all the chest thumping Hindus that in India only the constitution has the final say irrespective of religion.

Shahnawaz kashmir | 13 years ago | Reply @narayana murthy: hey why are you screaming craps. I'm a kashmiri and i know thousands of kashmiri women were/are raped by indian army. Thousands of disappearences of kashmiri youth, millions of murders of kashmiris by indian army. And in india muslims are forced to convert to hinduism, people like praveen tagodia, mohan bagawat are given license to murder murder. Terrorist organizations like RSS, VHP, HINDU MAHASABA, BAJRANJ DAL, SHIV SENA are carrying out blasts in mosques and are killing muslims in genocide. It is the policy of india to kill muslims and declare india as hinduvta state....isn't it?

Shahnawaz kashmir | 13 years ago | Reply I protest against the indian genocide in kashmir. Indians have killed millions of kashmiris raped more and more women and carried out huge human rights violations. And the army personals who have raped thousands of kashmiri women were never brought to justice, just look at asia-nelofar rape and murder at shopian in indian occupied kashmir. In india every day a riot breaks out every day muslims are killed harrased. Safaron terrorists are allowed to kill muslims by government, which means it is the policy of government to kill muslims. After wiping out buddaism from india indians are now looking at islam, but it is a failed attemp. Not only muslims every minority group is targeted by hinduvta and RSS terror groups eg in 1984 more than 3000 sikhs were killed in delhi, in 2008 thousands of christians were killed in orraisa. People like praveen tagodia, mohan bagawat, modi etc are given free certificate to erase muslims and mosques. Only muslims are killed in kashmir. Mosques are blasted in india eg meeca masjid attacks, malaygoun bomb blasts, ajmer sharief blasts etc to mention few. And the man who investigated the anti-muslim bomb blasts like hemant karkare are murdered by indians. India is a terrorist nation, totally anti-muslim and indian nazism knows no boundaries. Save genocide on muslims of india. And indians free kashmir from your occupation.

mit | 13 years ago | Reply @A Pakistani: After Babri demolish, many temples were demolish by municipality officers using JCB machines in pakistan. Go and find the fact.

sumeet | 13 years ago | Reply the birthplace of lord rama is believed to be very holy for hindus.the babri mosque was built by demolishing a hindu mandir and converted to a masjid.as the site is disputed,it cant be a masjid according to sharia law.but muslim just never giving the site only for matter of pride and ego,nothing else.they are idolising a barbarian invader and mass murderer as their role model and justifying his deeds.and the pseudo secularist who claim that as it was a historic site it shouldn't have demolished,then what about the mandir which exists prior to the masjid,it was also historic too.i want muslim of ayodha and wakf board to give the site to hindu to build a temple and hindus to give that much amount of land and money anywhere in ayodhya to muslim brothers to make a grand mosque and i dont want to name it babri mosque,please give another good name.

s. ali | 13 years ago | Reply Pakistani readers want to make it a big issue,but it is lost in the history in India.Pls visit and see urself if anyone has any doubts. @Rizwan Wattoop....Court will decide whom to give this land.Noone is superior to SC.No need to worried. @NA.....the impression of previous decision didn't last for even a month. Now every body in India knows that this religion is the biggest culprit for everything. India is not pak. We have dumped pak ideologies much before.Even request you not to use 'Hindustan' any more. It is hillarious that pak media has printed it as a headline.Licking the fresh wounds,but pointing towards our healed wound.

Rizwan Wattoop | 13 years ago | Reply Babri mosque was sacred place of muslims. It should be returned to them , those who demoslished it should ask for pardon.

narayana murthy | 13 years ago | Reply A Pakistani : "the same thing is goin in Kashmir, but here is only hindu girl, and there are thousands of muslim girls and rapists are indian soldiers." It's very disheartening to see such comments. Thousands of girls? Why do you spread lies. There have been rapes of Muslim girls in Kashmir by soldiers, yes. One, the number is hardly that big and two, it was not to convert them to Hinduism, like it happens in Pakistan. Just the thought of it makes me nauseous. What cruelty!

Harsh | 13 years ago | Reply Personally I wish Muslims win the court case but they give the land to Hindus as a good will gesture. It's just that Hindus just can't prove that their god Ram was born at that place and Ram revers the dearest spot for at-least North-Indian Hindus. Hindus should build an equally grand mosque for Muslims at some other place.

Harsh | 13 years ago | Reply Though the issue doesn't concern much at all. But it's still a test case of India's commitment to secularism. Hindus believe it's their god Ram's birth place. They have to prove so in court. How could Hindus prove that in court of law? OTOH there was a mosque built in 1500's by Barbar.. everybody knows that. Controversy is that the mosque was built by demolishing temple. Legally the muslims are on strong wicket, I believe.

NA | 13 years ago | Reply Decision of this incident will last very deep impact on Indian Muslims.

s. ali | 13 years ago | Reply Ayodhya issue is only an issue of name,not an real issue in India. We have moved on.Nobody cares about it.

Adnan S. Khan | 13 years ago | Reply "there are concerns that a protracted legal fight over Ayodhya could refuel sectarian tensions" <--- smart move by the court, eh?

Manoj | 13 years ago | Reply I sincerely hope that supreme court being the highest court of the land, quickly decides the dispute. Apart from politician, judiciary also to be blamed for this dispute going out of hand and vested interest taking advantage of the situation managed to polarise the people on religion basis and harvested vote in election. Justice delayed is justice denied. This dispute is hanging fire for the last 100 years at least. Now it is time to be dicided as quickly as possible.

A Pakistani | 13 years ago | Reply do any one has this type of view in Pakistan, in which anyone is destroying religious place.

A Pakistani | 13 years ago | Reply @arsalan farrukh: the same thing is goin in Kashmir, but here is only hindu girl, and there are thousands of muslim girls and rapists are indian soldiers.

shanil qadri | 13 years ago | Reply @arsalan farrukh: Well that's fairly typical of our behaviour.We'll scream,take out rallies,burn cars when some country will forbid the wearing of full length burka ,but we'll take a chup ka roza when the worst atrocities are committed against non-muslims in our own land. We won't protest hindu girls being raped to force them to convert,we won't scream when false cases of blasphemy are made against non-muslims when we want to blackmail them or settle some personal scores. All our ghairat & morality & ethics are awakened when the alleged atrocity is being committed against a muslim,we choose to deliberately remain quiet when the victim is a non-muslim.

A Pakistani | 13 years ago | Reply @muhammad aamir salim: but we didn't destroy any mandir at least. why this type of things happened in india? churches burned and mosque destroyed, more than 4000 muslim killed in gujrat.

MHJ | 13 years ago | Reply @muhammad aamir salim: Your comments seem to be irrelevant with the context.

kashish sharma | 13 years ago | Reply supreme court not high court

arsalan farrukh | 13 years ago | Reply i remember when this terrible incident took place all my friends,relatives were foaming at the mouth in anger at how the hindus had killed the muslims,but sadly none of these people said a thing when hindu girls were routinely kidnapped in interior sindh & then raped & forced to marry their muslim rapists.the rapists in these cases then proudly proclaimed how they had increased the figure of muslims & reduced the number of kaafirs in the world. only a few english language newspapers have the courage to report these atrocities & the hindu community is forced to suffer in silence.

AnIndian | 13 years ago | Reply It's the Supreme Court, not High Court

muhammad aamir salim | 13 years ago | Reply well,atleast they made a non-hindu the president as well as the prime minister.our constitution makes the horrible discrimination of not allowing any non-muslim to become president or prime minister. the reason why india has progressed so much & is now talked of as an economic powerhouse is that they are a secular country,india hasn't allowed religion to interfere in the matters of the state.they've not allowed hinduism to decide the how to phrase the laws in their country. we on the other hand have the blasphemy laws,hudood ordinance,law of evidence & family laws all result of allowing religion to interfere in the matters of the state. separation of mosque & state is the only way to save pakistan.

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