By Md. Ali, TwoCircles.net
New Delhi: Several Muslim organizations have become active on the issue of filing appeal in the Supreme Court against Allahabad High Court’s judgment on Babri dispute.
The Jamiat Ulama-i-Hind (JUH), one of the main parties in the Babri Masjid-Ramjanmbhoomi title suit filed the first appeal in the Supreme Court against the HC judgment on Monday, November 15th.
The appeal highlighted the “illegal” basis of the HC judgment regarding the alleged birth place of Lord Ram as it was based on the “faith” of Hindus and not on evidence admissible in a court of law.
Raising several legal and constitutional objections over the HC judgment, the JUH pointed out in the appeal that the report of the Archeological Survey of India (ASI) didn’t have any evidentiary value and as per the law it couldn’t have been made as one of the basis of the legal judgment.
The Allahabad HC judgment made several references to the ASI report in order to substantiate its judgment that a temple existed at the site of Babri mosque.
JHU also raised the issue of demolition of the Babri Masjid in the appeal and asked whether it was illegal and an act of vandalism; if yes then why did the HC end up legitimizing through its judgment.
The appeal which was filed through its lawyer Anis Suhrawardy, argued that the Allahabad HC failed to appreciate several evidences which prove that the Babri Masjid which was constructed in 1528 A.D. was there at the present disputed site and Muslims were offering prayers regularly until the night of December 22-23, 1949 when the idols were brought from the courtyard and placed under the central dome.
Furthering the argument the JUH appealed in the apex court that in the light of above mentioned facts the HC ought to have restored quo ante as obtained prior to December 22, 1949.
AIMPLB will appeal in December
On the other hand, according to SQR Ilyas member, Working Committee, AIMPLB informed TwoCircles.net that the Board is almost done with its preparations for approaching the SC as an intervener and will hopefully do that in the first or second week of December.
“We will approach the apex court in the first or second week of December. We are almost done with formulating the petition,” said Mr. Ilyas
“We are only waiting for the certified copy of the judgment after which we will have one month in our hand to file the appeal,” said Mr. Ilyas.
After getting the copy of the judgment the legal committee will meet to check and approve the petition before finally approaching the SC, informed Mr. Ilyas.
While cautioning against trying to gain brownie points over each other and doing “haste” in filing appeal in the SC, Mr. Ilyas requested other Muslim organizations to consult and co-ordinate with each other before finally appealing in the apex court.
While talking to TCN, Anis Suhrawardy, the lawyer of JUH brushed aside all the allegations of the JUH filing the appeal in “haste.”
“Had there been some faults in the appeal, the honorable Supreme Court couldn’t have entertained the petition in the first place,” responded Mr. Suhrawardy
Although he didn’t comment on the view that JUH didn’t co-ordinate with other organizations like AIMPLB before approaching the apex court.
He also informed TCN that besides several other legal experts, senior most SC lawyers like PP Rao has also been engaged to deal with the case.
On the other hand Shoaib Iqbal, MLA from Matia Mahal Assembly constituency, had also filed an appeal in the SC against the Allahabad HC judgment.
On November 26th the apex court will decide whether to entertain or reject Mr. Iqbal’s petition which was filed by M.M. Kashyap who is a senior advocate of Supreme Court.