On Law and Other Things blog, Bhupender Yadav and Vikramjit Banerjee, advocates in the Supreme Court address the question of whether or not it is correct that the Court has “wrongly” considered faith as the basis of the judgment in the present case:
It is important to note that what was being asked for is not a title to the land , but a declaration that the site was a “Public Mosque”. This would mean an essential decision as to whether the site can be called a “Public Mosque” at all . This means a conclusion will have to be drawn as to whether the said site could be called a Public Mosque in Islamic Law. Now, there are certain facts which have to be adjudicated in Islamic Law for a place to be called a Public Mosque and one of them is whether the Muslims ever treated this place as a public mosque, another, whether Islamic Law allows construction of mosques on places of worship of others and third, what is the status of a supposed Mosque which is presently a place of worship of another religion (all questions of faith ). It is also important to bear in mind that though it is being bandied about today that the dispute was a “title” suit, but what is most important to note is that the Sunni Waqf Board had never ever sought declaration that the “title” of the land be declared in their favour but had asked it to be declared a “Public Mosque”, with all it’s consequent conditions, which could not be decided without going into the “faith” of Muslims . The same “faith” which is a secular dirty word today...
...it is apparent that the said conclusions directly arise out of the issues framed in the suit and are not a fanciful exploration of “faith” as is being attempted to be made out by the secular chorus. What requires repetition is that the present case being a civil suit and not a “Government Commission of Enquiry” or a “People’s Tribunal” had to be argued only based on the statements stated in the plaints and the written. It is a fundamental proposition of civil procedure that no party can go beyond the assertions in the plaints and written statements filed by the parties in court in the case and all evidence and arguments has to be restricted to proving the facts stated in the plaint and the written statements only. A plaint and a written statement is the basis of any case , and , they are of utmost importance, as facts stated in them cannot be changed later for better or for worse.
Read the full blog post at the Law and Other Things blog