Allahabad High Court
Faizabad vs Secretary Of on 22 May, 2003
1
251
before this Court in its next sitting. But till the next date of
sitting the application is filed and disposed of, the
excavation work will continue.
The final report shall be submitted after completion
of digging of the trenches. The A.S.I. shall submit progress
report every two weeks and such report shall indicate (1)
the trenches in which the digging was done (2) the depth of
digging in each such trenches, and (3) the items found in
such trenches."
236. The plaintiffs (Suit-4) filed an application no. 43 (O) of
2003 seeking permission to inspect the trenches and check the
stratification given by ASI, which was allowed vide order dated
22.5.2003 but they were not permitted to make any scrapping,
section etc. of the trenches.
237. Vide application no. 48 (O) of 2003, interim project report
of the excavation from 22.5.2003 to 5.6.2003 was submitted by
Sri Hari Manjhi, Team Leader, as under :
"Upto 21.05.2003, in total 52 trenches were
excavated fully or partly and a request was made to the
observers and the authorized person for allowing the ASI
to excavate 10 trenches partly on the raised platform.
Accordingly as per the instruction of the Hon'ble High
Court the following 30 trenches having cutting area of 4x4
mt. were partly excavated on the raised platform and in the
area where anomalies or anomaly alignments were shown
in the site plan received from Tojo-Vikas International Pvt.
Ltd. in connection with GPR Survey, viz.B2, B3, B4, B5,
B7, B8, B9, C3, C4, C6, C8, D6, E2, E6, F2, F3, F6, F8,
G5, G7, G9, J1, K6, K8, L1, L3, L4, L7, ZCI and ZJ2.
Among these 30 trenches, 18 new trenches viz. B2,
252
B3, B4, B5, B7, B9, C3, C4, C6, E2, F2, F3, G5, L1, L3,
L4, L7 and ZJ2, have been excavated partly, while the work
continued in the 9 old trenches viz. B8, C8, G7, G9, J1, K8,
K6, ZC1 and F8. The un-excavated portion in the 3 old
trenches viz. D6, E6 and F6 have also been taken up for
excavation during the period under review. The details of
the depth and finds in each trenches has been tabulated as
under:
S. Trench Max. Structure Items found
No No. Depth (in Other finds
metres)
1 B2 0--1.70 Nil Moulded brick
fragments,
Terracotta (TC)
wheel, Stone
architectural
fragments and TC
architectural
fragments
2 B3 0--1.30 Nil Nil
3 B4 0--1.20 Nil Nil
4 B5 0--1.60 Nil Nil
5 B7 0--1.60 Nil Nil
6 B8 0--1.20 Nil Nil
7 B9 0--1.60 Nil Decorated stucco
fragment and stone
architectural
fragment.
8 C3 0--1.30 Nil Glazed tile
fragment.
9 C4 0--1.50 Nil Stone architectural
fragment
10 C6 0--1.60 Nil Glazed tile
fragment.
11 C8 0--5.00 Brick-bats TC animal
wall in east- figurine, TC sling
west ball
253
orientation
12 D6 0--1.15 Calcrete Nil
stone
masonry wall
13 E2 0--2.75 Brick wall in Glazed tile
east-west fragment and
orientation decorated stucco
facing north fragments.
over which
another brick
wall running
north-south
facing west;
Floor 1 in the
south-east
corner;
Floors 1 and
2 in the
north-west
corner; and a
triangular
shaped
buttress.
14 E6 0--2.60 "L" shaped Fragments of
calcrete stone glazed tiles.
block wall in
the east-west
and north-
south
orientation
raised on a
brick wall
running
north-south;
a tiered brick
structure
abutting the
brick wall;
two brick
walls running
east-west
which are
parallel and
adjacent to
254
each other;
and
successive
layers of
floor 1, 2, 3
and 4.
15 F2 0--2.53 Brick wall Nil
orientation
east-west
which is
continued
from trench
E2,
another
adjacent
brick wall
oriented east-
west and
decorated
coloured
floor and
successive
layers of
floor 1
16 F3 0--3.08 "L" shaped Fragments of
calcrete stone moulded bricks;
block 1.64 mt. high
structure in decorated black
east-west and stone pillar
north-sought (broken) with
orientation; Yaksha figurines
decorated on four corners,
and coloured glass bangle
floor and fragment.
successive
layers of
floor 1;
circular
pillar base of
brick bats
below "L"
shaped wall.
17 F6 0--2.38 Two squarish Broken TC animal
brick pillar figurine, cut brick
255
bases; stone fragment, moulded
masonry wall brick fragment and
running east- TC hopscotch.
west and
north-south;
and floor 2
and 3
18 F8 2.60-- Two brick Nil
2.65 wall running
north-south
parallel and
adjacent to
each other
and two brick
structures in
the southern
part of the
trench.
19 G5 0--2.60 Successive Broken TC bird
layers of figurine, TC
floor 1; brick animal figurine
pillar base (Broken), Moulded
and floors 2 brick fragments,
and 3. Iron nails, TC
human hand, glass
bangle fragment,
incised decorated
object, TC human
hand, TC broken
human leg and TC
tile fragment;
Arabic inscription
of holy verses on
stone, decorated
architectural
fragments.
20 G7 2.80-- Brick Pillar Copper coin,
4.40 base and glazed tile
floor 2. fragment, iron
nails, Iron pointed
blade, razor
human head,
human figurines,
bird figurine,
256
pestles, animal
figurine, lamp,
bead, perforated
disc, seal with
worn out character
and an unidentified
object all in
terracotta;
Carved stone
piece, grooved
brick fragment,
decorated stucco
fragment, bone
point and
engraver.
21 G9 0--0.60 Circular Glazed tile
pillar base. fragments.
22 J1 1.06-- Squarish Glazed tile
1.55 pillar base. fragments, iron
nail and hexagonal
short bead.
23 K8 3.90-- Calcrete Nil
5.12 stone block
structure and
floors 4 to 10.
24 K6 3.45-- Floor 3 and Dressed stone
4.55 brick wall fragment, circular
running east- flat stone slab,
west glass bangle
fragment, stone
fragment with
srivatsa pattern;
TC balls, areca
nut-shaped beads,
bi-conical bead,
pestles, leg part of
animal figurine
and an object with
rim (all in
terracotta).
25 L1 0--.75 Lime floor. Carnelian bead,
animal head on
glazed TC and ball
257
of terracotta
26 L3 0--2.55 Brick on edge Copper coin, glass
floor and piece, fragments of
brick wall in TC ball and bead;
south-north and glazed tile
orientation. fragment.
27 L4 0--2.05 Brick bat Copper coin,
paving and copper button,
"L" shaped bangle piece, TC
brick bat wheel and glazed
foundation tile fragments.
28 L7 Nil Nil Copper coin,
broken copper
ring, copper
fragment, broken
glass bangle, white
stone piece, TC
ball, TC bead, TC
ring, TC decorated
plate (broken),
glazed tile
fragment and stone
bead.
29 ZC1 0--2.70 Brick bat Glazed tile
wall fragments,
(retaining potsherd showing
wall) Svastika, and sand-
stone architectural
fragment.
30 ZJ2 0--0.40 Lime floor TC disc and Iron
with burials. nail.
However while checking the anomalies indicated in
the GPR Survey Report, anomalies were confirmed/partly
confirmed in trenches F3, F6, F8, G9, J1, K8, L3 and ZC1
whereas no anomalies were reported in trench E6. In
trenches D6, E2, F2, G5 and L1 anomalies could not be
confirmed due to structural activities at the upper levels.
However no structural activities were noticed at the spots
258
of reported anomalies in trenches B2, B3, B4, B5, B7, B8,
C3, C4, C6, C8, G7, K6, L4 and L7. Trench ZJ2 was not
surveyed."
238. The aforesaid interim report was also objected by the
plaintiffs (Suit-4), which was disposed of by Court's order dated
3.7.2003 stating that the ASI need not submit any further project
report but may submit final report.
239. ASI's application no. 53 (O) of 2003 seeking further time,
was also opposed by the Plaintiffs (Suit-4), but we permitted
ASI to submit its final report on or before 27.8.2003 by order
dated 3.7.2003.
240. After completion of the excavation work, but before
preparation of the final report, this Court, after hearing the
parties, gave certain further directions on 8.8.2003, as under :
"Having heard all of them and considering their
views, we issue the following directions:
(1) The ASI Team shall be permitted to visit the site for
excavation upto 22nd August, 2003.
(2) As there is unanimity amongst all the counsel for the
parties, all the trenches should be kept in tact as exist
on date so as to facilitate the ASI Team to study the
excavation site and submit their report until further
orders of this Court.
(3) Although there is 'Shamiyana' over all the trenches
yet further precaution may be taken to protect them
from any damage or alteration. If needed, the
trenches may be covered by plastic sheets or any
other materials as the authorized person in
consultation with the ASI Team and the Chief
Engineer of PWD may deem it proper.
259
(4) No one except the ASI Team, the two observers,
Chief Engineer, PWD, learned counsel for the
parties, shall be permitted to enter the site in
question without prior permission of this Court.
(5) The Archaeological finds and other materials found
during excavation shall be so preserved that the
same may be made available whenever needed by the
orders of this Court.
(6) The authorised person shall also ensure that the
right of Darshan of the devotees is not in any way
interfered with, as directed earlier.
(7) The authorised person in consultation with the ASI
Team and the Chief Engineer of PWD as also the
observers may provide support to the walls of the
trenches/boxes likely to collapse or get damaged
during the current rainy season by putting sand/earth
bags so that such bags which may be removed as and
when required for the purpose of study of such
trenches/boxes. In short, all steps should be taken to
protect and preserve the make shift the temple as
well as trenches.
(8) The ASI Team shall prepare 15 copies with drawings
and maps in original showing colours. If more copies
will be required by the parties, the same may be
provided on payment of costs. For that purpose,
learned counsel for the parties shall move an
application for providing extra copies before the
OSD of this Court within 48 hours from the date of
submission of the final report by the ASI Team.
(9) The report alongwith number of copies, as indicated
260
above, shall be submitted by the ASI Team in the
sealed cover before this Court and after necessary
order the copies should be provided to the parties
concerned.
(10) Until the report is submitted before this Court, the
ASI Team shall not divulge its contents to any one
even on the terms of the anonymity."
241. Ultimately, ASI submitted final report on 22.8.2003.
Besides, ASI also submitted the following record :
Sl.No. Date Description of document
1. 02.09.2003 1. Field Note Book. Total No. 47
2. Drawing/Maps 182.
3. Negatives, (A) Colour-7777, (B)
Black & white-1510
4. Photographs in 46 Albums 4293
5. Video Cassettes 10
2. 16.10.2003 Ten sets of CDs (A set of 29 CDs
kept in 10 separate plastic boxes)
made out of 11 Video Cassettes of
Ayodhya Excavation
3. 11.11.2003 1. Register of excavated pottery and
unsealed boxes
2. Register of Architectural members
stored in the tin shed at excavated
site Ayodhya
3. List of boxes containing antiquity,
boxes, glazed wares and other
samples in the sealed bags.
4. Register containing antiquity
packets.
5. Letter dated 22.9.2003 received
from Birbal Sahni Institute of
Palaeobotany
6. 13 Digital Cassettes and ten sets
of their CD's
4. 08.12.2003 1. Packet 'D' containing 3 Registers
including day to day Register
2. Packet A containing 753 slides
3. One set of 13 CDs
261
4. Trench wise index of Drawings
5. 45 site note books and two
registers
6. Day to day register in two
volumes and 5 xerox copy.
7. Three Registers-List of the
potteries and bones kept in 9 boxes,
list of artifacts kept in tin shed
8. Trench wise index of drawing and
list of figures along with five sets of
xerox copy
9. Xerox copy of site note books Sl.
No. 1-45 along with two registers
5. 16.12.2003 Three sets of slides
6. 05.01.2004 13 CDs from Dr. B.R. Mani, Former
Team Leader
7. 19.01.2004 45 sets note books, a chemical
Register and a documentation
registers
8. 30.01.2004 Brief summery of hard disc of
Laptop 16 items
9. 30.01.2004 Laptop, Power Adopter, CD
RW/DVE Drive, Floppy Drive,
Password
10. 11.03.2004 Ten sets of compact discs containing
data of hard disc of the Laptop
11. 29.03.2004 CDs and Bromide prints of the
maps/Drawings of Ayodhya
excavation
12. 17.05.2004 One set each of bromide prints and
CDs of map and drawings of
Ayodhya excavation
13. 14.07.2004 Enlarged copy of Fig. 3A of ASI
Report along with 15 copies of the
same
242. The ASI report came up before the Court on 25.8.2003.
Supplying copies of the report to the learned counsels for the
parties, they were permitted to file objections thereto. At this
stage, we are not giving details of ASI report etc. as this would
262
be dealt with later on at the appropriate stage. Suffice is to
mention that the ASI report was objected mainly by Sunni
Central Board of Waqfs, Mohd. Hashim (defendant no. 5, Suit-
5), Mahmood Ahmad (plaintiff no. 9, Suit-4) and the defendants
no. 6/1 and 6/2 (Suit-3), who raised mainly the following
objections :
"1. That the report is one sided and is greatly influenced
by certain preconceived theory of nations;
2. that ASI has adopted a biased and selective
approach, as is evident from the fact that importance and
impact of presence of several animal bones having cut
marks, recovered from different floor levels of the
respective trenches, has purposely and designedly been
kept out of consideration and had the same been
scientifically studied and the result taken into
consideration, it would have not been possible for ASI to
opine that things found were indicative of remains which
are distinctive features found associated with temples of
north India;
3. that in spite of clear cut directions of this Court to
file all the papers-documents relating to the excavation, the
ASI not only delayed the filing of certain relevant
documents, but also destroyed the notes prepared by it at
the time of study/analysis of various finds/architectural
objects, which raises a grave doubt about the veracity of
report;
4. that while the names of the authors of chapter I to IX
are mentioned; but it is not known as to who authored
chapter X captioned "summary of results" and so the
whole of Chapter X deserves to be scored out from the
263
report and cannot be allowed to form part of the evidence;
5. that on complaint, this Court directed that Sri B.R.
Mani should not head the excavation teach and in
compliance of those orders Sri Hari Manjhi was deputed to
head the team, but it is not known as to how Sri B.R. Mani
continued his association with the task of excavation and
how he co-authored the report;
6. that periodization done by ASI in Chapter III
captioned "Stratigraphy and Chronology" (Pages 37 to 47
of Vol 1) has no scientific basis:
7. that in absence of concordance of different
layers/floors of respective trenches with each other, the
basis of the report itself becomes doubtful;
8. that the report is full of inconsistencies and
discrepancies and the conclusions therein appear to have
been tailored to support a particular theory;
9. that theory of existence of massive structure on wall-
16 and the 50 pillars, as shown in figure 23-B page 42-C of
Volume I, is a concoction and unacceptable for the reasons
inter alia that there were no pillar bases and the same had
not alignment with each other nor were at the same level
nor had capacity to support load bearing pillars;
10. that theory of massive structure is totally ill-founded
because ASI report is silent on the point as to where were
the remaining three walls of that structure, if wall 16 was
one of the walls;
11. that so called "circular shrine" (which according to
ASI, had a waterchute in the north and could be associated
with Lord Shiva) could also be a structure relating to
Budhism or Jainism, as considering the thin passage and
264
little diameter, it was not possible for even a single person
to enter and offer "Abhishekha";
12. that ASI has, without any firm basis, characterized
mutilated stone sculpture (plates 235 of Vol II of the
report) as 'divine couple' and appears to have invented it
at some later stage, as reference to it does not find in
corresponding Site note-book or Day to Day Register;
13. that pillar door jam, octagonal shaft of pillars,
amalka, divine couple stone with Srivastsa motif, lotus
medallion, which ASI has taken into consideration for
saying that there were remains of temple on the site in
question, were of not significance as the same had been
recovered from debris;
14. that alleged Srivatsa (see Plate No. 88) could equally
be associated with Jainism and lotus with Buddhism and
Islamic religion;
15. that terra-cotta figurines (62 human & 131 animal)
discovered from different trenches, belong to ancient
period and had no relevance;
16. that glazed- wares and glazed- tiles so recovered
during the course of excavation spoke against the theory of
existence of temple as all these were found below floor No.
4 relating to Medieval Sultanat period;
17. that in view of what has been written by S.K.
Meermira in his book "Indian Pottery" glazed tiles were
proof of Muslim habitation;
18. that wall-16 had niches (mehrab) on the inner side
which are distinctive features of Islamic building and even
if it is accepted that the same existed prior to construction
of Babri Masjid, the same could have been a Idgah or
265
Kanati (roofless mosque);
19. that no idol, or statute of any Hindu deity and no
object of Hindu worship was found on the site so as to
entitle the ASI to say that there were remains of existence
of temple of north India;
20. that how the conclusions of ASI came in the Indian
Express in its issue of 13.8.2003, much before 22.8.2003,
when the report was filed in Court and that indicates that
ASI tailored the report on the lines given in S.P. Gupta's
book titled "Auodhya Puratatve Evam Itihas".
243. Besides, the defendant no. 3 (Suit-3) filed his objection
contending that some more area towards east of trenches
number G-3, G-4 and G-5 should have been excavated so as to
reach a correct conclusion.
244. This Court after hearing the parties, vide its order dated
3.2.2005 held that the objections are basically such which can
be considered and decided in the light of other evidence, which
may come up before the Court. The objections against the report
have to be considered before ASI report is acted upon but that
situation will arise only when the Court would decide the matter
finally. Therefore, the Court held that the ASI report shall be
subject to the objections and evidences of the parties in the suit
and all this shall be dealt with when the matter is finally
decided.
245. An application was filed by plaintiffs (Suit-5) requesting
to examine Dr. Bhuvan Vikram Singh and, accordingly, he was
summoned to depose his statement. He filed an application no.
25(o) of 2006 requesting that he may be summoned as a Court's
witness and not that of any party since he was a party to the
excavation team and the said excavation was conducted under
266
the order of this Court, hence he was not willing to depose his
statement as a witness of any party to the suit. This application
was not opposed by the plaintiffs (Suit-5) and in fact, learned
counsel made a statement that he does not propose to examine
Dr. Bhuvan Vikram Singh as witness of plaintiffs (Suit-5). He,
however, insisted that Dr. Bhuvan Vikram Singh should be
treated as a Court's witness and be allowed to be examined
accordingly. This question was considered by this Court vide
order dated 4.12.2006 and it was observed that this Court has
discretion to call any witness and examine him as Court's
witness but that situation cannot be imposed upon the Court by a
party to the suit by filing an application requesting to summon a
witness and then to press to treat the witness as Court's witness.
Whenever the Court shall feel it expedient or necessary it may
exercise its power by summoning a witness as a Court's witness
but such a discretion cannot be fastened upon the Court by a
party to the suit. Since the plaintiffs (Suit-5) was also not
inclined to examine Dr. Bhuvan Vikram Singh as its witness,
the said witness was discharged without recording his
deposition.
Details of Impleadment Applications rejected
246. Several applications were filed by many persons,
legal/juristic, seeking impleadment in the proceedings on one
ground or the other. We do not propose to discuss the matter in
detail where applications have been rejected by the Court
finding impleadment of the person/s unwarranted or otherwise
but suffice to give only the brief description of those persons for
ready reference as under :
Sl. C. M. Moved By Rejected
No. Appl. No. on on
01. 465C 25.10.68 Mahant Raghubar 30.04.69
267
Prasad
02. 477C 27.01.69 Sri R.N. Verma and Sri 30.04.69
Har Prasad
03. 553C & 30.01.71 Sri Prem Singh 13.02.71
556C Sri Uma Dutt Mishra
04. In Suit-4 08.11.88 Kashiteesh Chandra 19.11.88
[ 786 Mishra
Ka ]
05. 788 Ka 19.11.88 Sri Chhitij Chandra 09.01.89
808 Ka 24.12.88 Mishra Ad.
Sri Ashok Kumar
Pandey Ad.
06. 25 (O) 14.08.89 Farooque Ahmad 14.08.89
1989
In Suit-5
07. 24 (O) 11.08.89 Molana Sajjad Ahmad 19.08.89
1989
In Suit-5
08. In Suit-4 10.05.89 Sri Ram Janambhumi 23.10.89
[ 877 Sewa Samiti
Ka ]
09. 32 (O) 25.08.89 Sri Sri Mandir Raksha 23.10.89
1989 Samiti
In Suit-3
10. 31 (O) 25.08.89 Sri Prem Chandra 23.10.89
1989 Gupta
In Suit-3
11. 36 (O) 25.08.89 Mandir Raksha 23.10.89
1989 Committee & Sri Bal
In Suit-5 Krishna Sharma
12. 35 (O) 25.08.89 Sri Prem Chandra 23.10.89
1989 Gupta
In Suit-5
13. 3 (O) 09.01.90 Hindu Mahasabha to 09.01.90
1990 implead Union of India
In Suit-4 as Party
14. 55 (O) 13.12.90 Buddhist 17.01.91
1990
In Suit-5
268
15. 01 (O) 04.12.90 Sri Brahmajeet 17.01.91
1991 S/o Nihal
In Suit-4
16. 27 (O) 12.08.91 Maharshi Awadhesh 30.09.91
1991
In Suit-4
17. 670 / 20.02.88 Sri Ram Bhadra Pathak 09.12.91
1/Ka/1
18. 838 Ka 27.03.89 Sri Ramjan 09.12.91
Armatandavi
19. In Suit-4 16.04.88 Sarpanch Ramswaroop 09.12.91
[ 672A ] Das Chela Raghubar
Das, Panch Bhaskar
Das and Rajaram
20. In Suit-4 07.04.78 Sri Ram Janambhumi 09.12.91
[ 4Ka ] Dharmarth
Prabandhkari 'Samiti'
Sri Ram Janambhumi
Ramkot Ayodhya and
Sri Raghunandan Saran
21. 39 (O) 31.03.92 S.C. Pandey Adv. 31.03.92
1992
In Suit-1
22. 41 (O) 31.03.92 Maharshi Awadhesh 07.04.92
1992
In Suit-4
23. 32 (O) 02.02.92 Gopi Nath 15.04.92
1992
In Suit-4
24. 41 (O) 31.03.92 Maharshi Awadhesh 20.04.92
1992
In Suit-4
25. 66 (O) 06.05.92 Maharshi Awadhesh 07.05.92
1992 founder President of
In Suit-5 Rashtriya Party
26. 21 (O) 03.01.95 President, 28.03.95
1995 R.N. Nationalist Party
In Suit-4 and Avami Leeg of
Nation
27. 3 (O) 05.02.93 Moved by Different 25.05.95
1993 Parties at various dates
269
4 (O) 18.01.95 for impleadment of
1995 Union of India as Party
9 (O) in Different Suits
1995 15.01.93 pending before this
In Suit-4 03.01.95 Court
2 (O)
1993
7 (O) 03.01.95
1995 25.07.89
In Suit-3 12.12.94
6 (O)
1995
1 (O)
1989
8 (O)
1994
In Suit-5
28. 10 (O) 20.01.95 Maharshi Awadhesh 25.05.95
1995 President,
in Suit-4 Rashtriya Party
29. 25 (O) 13.02.95 Maharshi Awadhesh 02.08.95
1995 &
34 (O)
1995
In Suit-4
30. 55 (O) 09.10.95 Sri Ram Janam Bhumi 19.03.96
1995 for Nyas through Ashok
In Suit-5 transposi Singhal
ng
Defendan
ts 2, 14,
21 as
Plaintiffs
No. 4, 5
&6
respectiv
ely
31. 26 (O) 26.08.96 Dr. Mohd.Ismail 27.11.96
1996 Farooqui
In Suit-4
270
32. 34 (O) 07.10.96 Sri Ismail Farooqui 27.11.96
1996
In Suit-5
33. 11 (O) 18.02.03 Sri Rajeshwari Sri Sita 18.02.03
2003 Ram Waqts through
In Suit-5 Manager Kunwar
Shivendra Pratap Sahi
34. 26 (O) 04.04.03 Buddha foundation 07.04.03
2003 through Udai Raj
In Suit-4
35. 31 (O) 21.04.03 Sri Akhil Bhartiya 29.04.03
2003 Chhatriya Mahasabha
In Suit-1
Statements of party/party's counsel (under Order 10 Rule 2
C.P.C.)
247. Statement of Chaudhari Kedarnath in Suit-1 (Recorded
on 15.09.1951) :
"Q. In what capacity does the plaintiff seek to exercise
the relief which he seeks in the plaint.
Ans. In my individual capacity.
Q. What is your individual capacity.
Ans. My individual capacity is distinct from public
capacity and in this matter an idol worshipper.
(This shows that the plff's counsel is not in a position
to answer the Court question. The plaintiff must present
himself personally in Court on the date fixed.)
Q. Has your client any religion.
Ans. The plaintiff is a Sanatandharmi Hindu."
248. Statement of P.D. Goswami (Recorded on 13.1.1960) :
"Sri Goswami States ABCDEF is the land and building in
suit as indicated in the map of the Commissioner Sri Shiva
Shanker Lal dated 25.5.50. It is the temple since 1934.
Deities installed are Sri Sri Ram. The building existed prior
271
to 1934. The plaintiff can't say for how long it have been
existing. The plaintiff can't say who built it and what it was
prior to 1934. Sri Gopal Singh Visharad came in on about
1934 to Ajudhya. He saw the ewfrZ there, and began to
worship them. Sri Paramhans instructs that the ewfrZ were
there from before 1934. Whenever he saw it was a temple.
It has always been a temple. He can't say who got it
constructed and dedicated it.
The plaintiff do not admit that at any time the
building was used for prayer or as a Mosque by the
Mohammaden community. Babar never built it. He was
never emperor of India. I deny that it was ever used as a
mosque.
The plaintiffs confine their case to the construction
shown by letters ABCDLKJPOHNGA as shown in the map
of the Commissioner dated 25.5.50. The Chabutra and
Mandir shown in the map of the Commissioner as "Ram
Chabutara" and "Bhandar" are the same as those
described in the eastern boundary of the temple in question
in the plaint.
The replication para 31 filed in suit no. 25 of 1950 by
Paramhans does not refer to the litigation mentioned in
para 14 of the map filed by Zahur Ahmad and others. The
proceedings mentioned in the last part of para 31 of the
replication relate to those cases and proceedings which
were between Mohammedans- sunnies & shias and others
i.e. relating to suit no. 29 of 1945 of the Court of Civil
Judge Faizabad."
249. Statement of Gopal Singh Visharad and Param Hans
Ram Chandra (Recorded on 07.03.1962 in Suits-1 and 2) :
"Plaintiff Gopal Singh Visharad and Sri Param Hans Ram
272
Chandra plffs of both the suits no.2/50 and 25 of 1950
accompanied by their counsel state that they do not want
any relief with regard to constructions or structures
indicated in the map of the Commissioner Sheo Shanker
Lal dated 25.5.50. by the terms 'Sita Rasoi' 'Bhandar' and
'Ram Chabootra' . They say that the reliefs are asked for
only with regard to property enclosed in the said map by
letters A. B. C. D. L. K. J. P. O. H. N. G. A.
They further add that the term 'Janam Bhumi' used in
the plaint refers to Janam Bhumi of Sri Ram Chandra Ji
and according to the plff's belief the property in suit is the
site of the same.
They add that there is no footprints carved over on
any stone or any stone image of any Charan Paduka
(Charan Paduka) referred to in para 2 of the plaint.
According to them at the place in suit near the idol of
Bhagwan Ram Chandra Ji, are kept wooden sandals or
Charan Paduka and also a small pair of silver Charan
Paduka. They are not fixed to any stone, structure or floor
but are placed loose near the idol.
They add that the idol of Bhagwan Ram Chandra
Ji at the place in suit is an Achal (Achal) idol.
They add that the plffs claim right of worship with
regard to the said idol and also with regard to the 'Charan
Paduka'.
The plffs also claim a right to worship all the deities
and idols situated in the in the property in suit besides that
of Bhagwan Ram Chandra Ji as for example, Laxman Ji,
Hanuman Ji, Sita J, Saligram Ji, etc. They also claim a
right to worship and have Darshan of these as well as they
273
have a right to have Darshan of the site in question as
according to their belief it is the birth place of Sri Ram
Chandra Ji."
250. Statement of Sri Mohd. Ayub Advocate (Recorded on
07.03.1962 in Suits-1 and 2) :
"Sri Mohd. Ayub Advocate for the defdts states that the
decision referred to in para 11 to 14 of the W.S. was in
original suit no. 61/280 of 1885 in the Court of Sub-Judge,
Faizabad, Raghubar Dass Mahanth versus Secretary of
State for India and others. He adds that this decision bars
the present suit by principle of Res-judicata and estoppel."
251. Statement of Sri P.D. Goswami, Advocate (Recorded on
08/09.03.1962 in Suits-1 and 2) :
"Sri P.D. Goswami advocate for the plffs state that the
report of the commissioner spoken of in para 15 of the W.S.
has no effect on the rights of the plff nor do the provisions
of Sec 5(3) of U.P. Act 13 of 1936 apply to the present suits
as they are based on a right of worship of plff who is a
Hindu. According to him the provisions of this Act are
applicable to the property and the rights of the Muslims
only.
He does not give up the plea taken by him in the
replication in that connection.
According to him the said Act has been repealed by
U.P. Act 16 of 1960. He further adds that in case the said
Act be considered applicable to the present suits it is ultra
vires the provisions of the Govt of India Act 1935 and is in
conflict with the Ancient Monuments Preservation Act (Act
No. VII of 1904). "
252. Statement of Sri Mohd. Ayub, Advocate (Recorded on
274
09.03.1962 in Suits-1 and 2) :
"Sri Mohd. Ayub Advocate for the defdts states that
under para 15 of the W.S. in suit no.2 of 1950, the defdts
plead that the suit is barred by provisions of Sec. 5(3) of
Muslim Waqf Act 1936(U.P. Act No. 13 of 1936).
He adds that by the plea set up in para 19 of the
W.S., it is meant that the suit is bad for want of consent in
writing of the Advocate General and other provisions of
Sec. 91 C.P.C.
He adds that from para 9 of the W.S. the plea arises
that Almighty God in whom the property in suit vests duly
represented by some authorised persons should have been
made a party to the suit and the suit is bad for non-joinder
of parties. He adds that the Muslims in general or the
mutwalli of the said waqf or Sunni Central Board as waqf
should also have been made defdts in this suit.
He adds that the present suit being a suit for
injunction is barred by time under Article 120 of the Indian
Limitation Act."
253. Statement of Mohd. Ayub, Advocate (Recoded on
08.08.1962 in Suit-4)
"Sri Mohd. Ayub Advocate for the plffs states that the
property in suit is the property dedicated to Almighty God
and is a mosque for the use of the entire Muslim community
at large. He adds that Shias & Sunnis have the interest in
the same. "
254. Statement of Sri Sarab Jeet Lal, Advocate (Recorded on
17.05.1963) (Counsel for plaintiff in Suit-3)
"Present Sri Sarab Jeet Lal for plff
& Sri Mohd. Ayub Advocate for defdts 7 to 8.
Sri Sarab Jeet Lal Advocate states as follows:
275
The plff claims that this property in suit is believed
to be the birth place of Lord Ram Chandra and so there is
a temple of Lord Ram Chandra on it. The plff claims that
this temple is in the management and control of the plff. It
is further clarified that this property is not dedicated to the
idol although the temple is made on the land which is
the birth place of Lord Ram. It is owned by the plff and
the temple was made by the plff. It is added that the
present suit is confined to property shown by letters E F G
H I J K L although the entire area shown by letters E F G
H P N M L E belongs to the plff."
255. Statement of Mohd. Ayub, Advocate (Recorded on
28.08.1963 in Suit-4) :
"Sri Mohd. Ayub states that the mosque lies in A B
C D as shown in the plaint map (sketch map) and the
land around A B C D is graveyard of the Muslims as shown
in it. "
Sri Mohd. Ayub states that the plaintiff pleads in the
alternative that even if the defdts have any rights in the
property in suit the same have been extinguished by lapse
of time.
He clarifies that the same amounts to adverse
possession and the rights of the defts have extinguished by
it and the plff has acquired title by adverse possession."
The taking of these pleas of title by adverse
possession and extinction of title of defdts by oral statement
is strongly opposed from the side of the defts.
Let the plff therefore take up proper pleas in proper
way, by amendment of plaint or replication as the case may
be. Plff to move for the same within 15 days.
276
Put up for orders on 28.9.63 in this respect
whereafter issues will be framed."
256. Statement of Mohd. Ayub, Advocate (Recorded on
20.01.1964 in Suit-4)
"Sri Mohd. Ayub Advocate Wadigan Ne Bayan
Kiya Ki Zaydad Nijai Me Babri Masjid Va Uski
Chahardiwari Se Mila Hua Qabristan Janib Poorab, Uttar
Dakkhin Hai. Paschim Taraf Qabristan Nahi Hai. Babri
Masjid Ko Shahansah Babar Ne 1528 AD me Ekdam Naye
Sire Se Banaya Tha. Jis Jagah Par Babri Masjid Bani Hai
Us Jagah Par Uske Banane Ke Pahle Hinduvon Ka Kisi
Tarah Ka Koi Mandir Ya Dev Sthan Ya Koi Tameer Nahi
Thi. Babri Masjid Ke railing Ke Bahar Aur Sadar Phatak
Ke Boundary wall Ke Andar Poorab Dakhin Ki Taraf Ek
17 Feet X 21 Feet Ka Chabutara Hai Jis Par Lakadi Ke
structure Ka Ek wooden temple Bana Hai. Us me Koi Bhi
Hindu Ki Murtiyan Na Kabhi Thi Na Ab Tak Hai. Vah
Jagah Bhi Musalmano Ki mosque Ka Hissa Hai, Mujhe
Nahi Maloom Ki Vah Jagah Aaj Tak Kabhi Bhi Hinduvon
Ke Istemal Me Aai hai Ya Nahi. Yeh Bhi Nahi Maloom Ki
Vah Jagah Kabhi Bhi Musalmano Ke Istemal Me Rahi Hai
Ya Nahi. Jab Se Yani December 1949 Isvi Se Musalman
Log 145 Jabta Phaujdari Ke Mokadme Me Babri Masjid
Ke Karib Jane Se Rok Diye Gaye Hain Tab Se Us Jagah
par Agar Koi changes Kisi Ne Kiya Ho To Uske Bare Me
Mujhe Koi Ilam Nahi hai. Babri Masjid Ke Sadari Phatak
Se Andar Dakhil Hone Par Uske Dahini Taraf Jo Bhi
Tamirat Hai Vah December 1949 Ke Pahale Vahan Par
Kabhi Nahi Thee. Unhe December 1949 I. Ke Bad Kisi Ne
Tameer Kar Liya Hoga. Babri Masjid Ko main building
Ke Uttar Taraf Chahardiwari Ke Andar Bhi December
277
1949 I. Tak Kabhi Koi Tamirrat Varakam Imarat Ya
Chabutara Vagaraih Ke Kabhi Nahi Rahe. Us Jagah Par
Jo Chabutara Sita Rasoi Ke Naam Se Muddalehum Kahte
Hai use December 1949 I. Ke Bad Hi Muddalehum Ne Ya
Kisi Ne Banaya Hai. Babri Masjid Ke Samne Ki compound
wall Me Jo main gate hai Usme Do Khambhe Khasauti
Patthar Ke Lage Hai Jo Babri Masjid Ke Shuru me Banane
Ke Waqt Se Lage Hai Aur Babri Masjid Me main building
Ke Andar Bhi Barah Khambhe Kasauti Patthar Ke Lage
Hai. Yeh Bhi Shuru Se Lage Hai. In Chaudaho Khambho
Me Koi Bhi Muratiyan Ya inscription, indication of
Hinduism Nahi Khudi Hai."
(Sri Mohammad Ayub, Counsel for Plaintiffs stated that
the disputed property included Babri mosque and a
graveyard adjoining to its boundary and facing east, north
and south. There is no graveyard towards west. Emperor
Babur built Babri mosque afresh in 1528 AD. Prior to the
Babri mosque, no temple or worship place or any other
construction of Hindus existed at the site where the
Babri mosque was built. On the outer side of railing of
Babri mosque and inside the boundary of main gate
towards south-east, there is a platform measuring 17x21
feet over which a wooden temple is built in wooden
structure. No idols of Hindus ever existed nor exist inside
the same. That place is also a part of mosque of Muslims;
I do not know whether that place had ever been in use of
Hindus or not; it is also not known to me whether this
place had ever been in use of Hindus or not; it is also not
known to me whether this place had ever been in use of
Muslims or not. I have no knowledge about changes
278
effected, if any, at that place since December, 1949 AD
when the Muslims were restrained from going near Babri
mosque in a criminal case under Section 145 Cr.P.C. On
entering through the main gate of Babri mosque, the
constructions lying on right side, were never in existence
prior to December, 1949. The same must have been
constructed by someone after December1949. Towards
north of main building of Babri Mosque inside the
boundary wall, upto December 1949 A.D. there was
never any construction or building or Chabutara etc. Over
that place, the Chabutara termed as Sita Rasoi by the
defendants has been constructed either by defendants or
someone else after December 1949. There are two pillars
of Kasauti stone in the main gate of the compound wall of
Babri Mosque, which were affixed at the time of
construction of the Mosque and 12 Kasauti pillars are
affixed in the main building of Babri Mosque as well.
They have also been affixed since very beginning. These
14 pillars do not carry any idols or inscription, indication
of Hinduism.)" (E.T.C.)
257. Statement of Sri Lal Surendra Nath Singh Advocate
(Recorded on 24.04.1964 in Suit-4)
"Sri Lal Surendra Nath Singh Vakil Prativadi No. 1
Va 2 Ne Bayan Kiya Ki Tankeeh no. 5 (d) of the leading
case Ke Silsile Me Bayan Tahriri Muddalehum no. 1 Va 2
Ke Para 32 Ke sub para (a), (b) Aur (d) Ko Hi press Karta
Hun. Bayan Tahriri Mazkoor Ke Dafa 5 Ke Baqi Sub paras
Ko Tankihat Ke Silsile Me Press Karunga."
(Sri Lal Surendra Nath Singh, counsel for defendants no. 1
and 2 stated that in respect of issue no. 5(d) of the leading
279
case, he presses only sub paragraphs (a),(b) and (d) of
paragraph 32 of the written statement of defendants no. 1
and 2. He will press the remaining sub- paragraphs of
paragraph 5 of the said written statement for framing
issues." (E.T.C.)
258. Statement of Sri Mohd. Ayub, Advocate (Recorded on
17.07.1965 in Suit-4)
"Sri Mohd. Ayub Vakil Wadi Ne u/order X rule 2 CPC
Bayan Kiya Ki Jaydad Nijai Ka Jo notification under
Section 5(1) of U.P. Muslim Waqf Act 13 of 1936 Huva
Tha, Vah Uski Sahi Naqal Kagaj No. 243/Ga Va 243/1Ga
Me page no.11 Ke serial no.26 Babat Zila Faizabad Par
Jaydad Nijai Ka notification Mazkoor Chhapa Hai. Iske
Alawa Jaydad Nizai Ka under section 5(1) of U.P. Act 13
of 1936 Ka Aur Koi notification Nahi Hai. Sunkar Tasdeek
Kiya."
(Mr. Mohd. Ayub counsel for the plaintiff stated under
Order X Rule 2 C.P.C. that true copy of the Notification
published under section 5(1) of U.P. Muslim Waqf Act 13
of 1936 with respect to property in suit is Paper No.
243/Ga and 243/1 Ga wherein notification with regard to
disputed property pertaining to District Faizabad is
published at page 11, serial no. 26. Except it, there is no
other notification under Section 5(1) of U.P. Act 13 of 1936
in respect of the disputed property. Verified after hearing."
(E.T.C.)
"Sri Mohd. Ayub Vakil Wadi Ne Bayan Kiya Ki
Basilsile Tankeeh No. 17 Kagzat Mundarza Jail Par rely
Karta Hun. Unke Alava Tankeeh Mazkoor Ke Silsile me
Aur Koi Oral Ya documentary evidence nahi Dena Hai.
Sunkar Tasdeek Kiya.
280
(Plaintiff's counsel Mr. Mohd. Ayub stated that in
relation to issue no.17, he places reliance on the following
documents and except those, he does not propose to adduce
any oral or documentary evidence in respect of issue under
consideration. Verified after hearing." (E.T.C.)
1. Kagaj No.73/Ka Morkha 16.9.38 (Paper No. 73/Ka
dated 16.9.38)
2. Kagaj No. 74/Ka Morkha 8.2.41 (Paper No. 74/Ka
dated 8.2.41
3. Mashkula Missil Moqdma No. 2 Sa. 50 Gopal Singh
Vs. Zahoor Ahmad. (file of suit no. 2 of 1950 Gopal
Singh Vs. Zahoor Ahmad)
259. Statement of Sri Sarvjeet Lal Verma and Lal Surendra
Nath Singh, Advocates (Recorded on 17.07.1965 in Suit-4)
"Sri Sarvjeet Lal Verma Va Lal Surendra Nath Singh
Bakaul Prativadi Ne Bayan Kiya Ki Basilsile Tankeeh no.
17 Mujhe Koi Shahadat Nahi Deni Hai.
(Sri Sarvajeet Lal Verma and Sri Surendra Nath Singh in
the capacity of counsel for defendants stated that regarding
issue no.17 I do not propose to adduce any evidence.)
(E.T.C.)
260. Statement of Sri Deoki Nandan Agarwal (Recorded on
30.04.1992 in Suit-5)
"At the instance of Sri R.L. Varma, Sri Deoki
Nandan Agarwal makes the following clarification under
Order 10 Rule 2 C.P.C.
.....................
"In the early hours of December 23, 1949, the idol of Bhagwan Sri Ram Lala, which was already on Ram Chabutra was transferred to the place where He presently sits, that is, under the central dome of the disputed building. I was not personally present at that time at the 281 place. This information was conveyed to me by Paramhans Ram Chandra Das of Digamber Akhara. This transfer of the idol was done by Paramhans Ram Chandra Das and Baba Abhi Ram Das and certain other persons whose names I do not remember at the moment. I will have to look into the record to give their names.
The idol is Chal Vigraha (moveable idol) Paramhans Ram Chandra Das had informed me that all the due ceremonies were performed when the idol was transferred.
Presently, the property in suit is bounded on three sides by a wall constructed by the State Government recently and on the north by public road.
The entire area enclosed by the aforesaid wall belongs to the Deity."
261. Statement of Sri Jafaryab Jilani, Advocate for the plaintiff (Recorded on 11.01.1996) " That the mosque was situate on an Nazul Plot no. 583 of the Khasra of 1931 of Mohalla Kot Ramchandra known as Ramkot at Ayodhya."
262. Statement of Sri Jafaryab Jilani, Counsel for plaintiff in Suit-4 (Recorded on 22.4.2009) :
"For the purposes of this case there is no dispute about the faith of Hindu devotees of Lord Rama regarding the birth of Lord Rama at Ayodhya as described in Balmiki Ramayana or as existing today. It is, however, disputed and denied that the site of Babri Masjid was the place of birth of Lord Rama. It is also denied that there was any Ram Janam Bhoomi Temple at the site of Babri Masjid at any time whatsoever.
The existence of Nirmohi Akhara from the second 282 half of Nineteenth Century onwards is also not disputed. It is, however, denied and disputed that Nirmohi Akhara was in existence and specially in Ayodhya in 16th Century A.D. or in 1528 A.D. and it is also denied that any idols were there in the building of the Babri Masjid up to 22nd December, 1949. "
263. Statement of Sri Mustaq Ahmad Siddiqui, counsel for plaintiff in Suit-4 (Recorded on 22.4.2009) "For the purposes of this case there is no dispute about the faith of Hindu devotees of Lord Rama regarding the birth of Lord Rama at Ayodhya as described in Balmiki Ramayana or as existing today. It is, however, disputed and denied that the site of Babri Masjid was the place of birth of Lord Rama. It is also denied that there was any Ram Janam Bhoomi Temple at the site of Babri Masjid at any time whatsoever.
The existence of Nirmohi Akhara from the second half of Nineteenth Century onwards is also not disputed. It is, however, denied and disputed that Nirmohi Akhara was in existence and specially in Ayodhya in 16th Century A.D. or in 1528 A.D. and it is also denied that any idols were there in the building of the Babri Masjid up to 22nd December, 1949. "
264. Statement of Sri Syed Irfan Ahmad, Counsel for Defendants No. 6/1 and 6/2 in Suit-3 (Recorded on 22.4.2009) :
"For the purposes of this case there is no dispute about the faith of Hindu devotees of Lord Rama regarding the birth of Lord Rama at Ayodhya as described in Balmiki Ramayana or as existing today. It is, however, disputed and denied that the site of Babri Masjid was the place of birth of Lord Rama. It is also denied that there was any Ram 283 Janam Bhoomi Temple at the site of Babri Masjid at any time whatsoever.
The existence of Nirmohi Akhara from the second half of Nineteenth Century onwards is also not disputed. It is, however, denied and disputed that Nirmohi Akhara was in existence and specially in Ayodhya in 16th Century A.D. or in 1528 A.D. and it is also denied that any idols were there in the building of the Babri Masjid up to 22nd December, 1949."
COMMISSIONER/RECEIVER APPOINTED FOR THE DISPUTED SITE :
265. Initially Sri Priya Dutt Ram, Chairman, Municipal Board, Ayodhya was appointed Receiver by order dated 29.12.1949 passed by the Addl. City Magistrate under Section 145 Cr.P.C.
The said Receiver took charge on 5.1.1950. Sri Priya Dutt Ram continued as Receiver till 8.8.1970, i.e., upto the date of his death. Swami Govindacharya, defendant no. 19 (Suit-4) filed application dated 20.8.1970, requesting for appointment of a Civil Court Receiver. However, the City Magistrate appointed Sri K.K. Ram Verma as Receiver on 20.10.1970. Some more applications were filed requesting for appointment of Civil Court Receiver. By order dated 17.11.1970, Civil Judge, Faizabad appointed one Sri Ram Mishra as Receiver. The said order dated 17.11.1970 was assailed before this Court in FAFO No. 389 of 1970 filed by Pundreek Mishra, defendant no. 14 (Suit-4). The Court allowed the appeal vide judgement dated 20.3.1974. It held that the Civil Court is competent to appoint Receiver in place of the Criminal Court Receiver. It also noted that the Sunni Central Board of Waqf, plaintiff (Suit-4) had no objection to the appointment of Court Receiver. However, it 284 found that the question who should be appointed as Receiver needs to be considered again. The matter was ultimately remanded with the following order :
"The case is remanded and the Court below is directed to re-consider the question of appointment of Receiver and appoint a suitable person on such terms and conditions as it deems fit."
266. This led to filing of a series of applications for appointment of Receiver. Some applicants requested to allow Sri K.K. Ram Verma to continue as Receiver, but some opposed it. In some applications, names of some other persons were recommended. Ultimately vide order dated 18.3.1975, the Civil Judge, Faizabad appointed one Sri Madan Mohan Dubey as Receiver whereagainst FAFO No. 181 of 1975 was filed in this Court at Allahabad which was admitted and an interim order was passed on 9.5.1975 staying the order dated 18.3.1975. This Court further directed Sri K.K. Ram Verma, Receiver appointed by the Criminal Court to continue to function as such. Sunni Central Board of Waqf as well as Mohd. Hashim filed stay vacation applications. Another stay vacation application was filed by one Abhiram Das. A Single Judge of this Court by order dated 25.10.1977 directed the District Judge, Faizabad to make an enquiry and submit report since allegations were made against Sri K.K. Ram Verma. In the meantime, while the said report was awaited, the appeal was transferred from Allahabad to Lucknow and re-registered as FAFO No. 17 of 1977. The District Judge, Faizabad submitted his report on 19.7.1978 and the appeal was decided vide judgment dated 23.7.1987 remanding the matter to Civil Court, requesting it to consider again the names of suitable persons for appointment as Receiver 285 and till then Sri K.K. Ram Verma was allowed to continue. Sri Verma functioned as Receiver till 24.08.1988. On 25.08.1988 one Sri L.P.N. Singh was appointed as Receiver, who was replaced by Sri Jamuna Prasad Singh appointed on 22.11.1988 and died on 20.02.1992 whereafter Sri U.C. Tiwari was appointed as interim Receiver and was replaced by Sri R.K. Sarkar on 28.08.1992. Sri Sarkar continued till he was replaced by authorised person under the provisions of Ayodhya Act i.e. on 03.04.1993 and the Commissioner, Faizabad Division, functioning as Authorised Person, is managing the site in dispute as its Receiver since then.
ISSUES
267. In Suit-1 issues were framed on 09.03.1962, in Suit-3 the same were framed on 17.05.1963 and in Suit-4, the Civil Judge, Faizabad framed issues on 05.03.1964. Thereafter issue no. 17 (Suit-4) was taken up as preliminary issue and was decided by the Civil Judge, Faizabad vide judgment dated 21.04.1966 along with which issues no. 5(a), 5(c) and 5(d) (Suit-4) also stood decided.
268. After transfer of the aforesaid three Suits to this Court, pursuant to the Court's Order dated 10.07.1989, various issues were recast/added on 22.05.1990, 25.09.1990 and 04.12.1990. In Suit-5 issues were framed on 30.04.1992 and 07.05.1992. After demolition of the disputed structure and the decision of the Apex Court in Dr. Ismail Farooqui (Supra), various issues were re-examined/ modified/deleted/re-framed after considering the submissions of all the parties as well as the pleadings and finalized on 23.02.1996 which read as under, suit-wise:
269. Suit-4 :
Issue No. 1:-
Whether the building in question described as mosque in the sketch map attached to the plaint 286 (hereinafter referred to as the building) was a mosque as claimed by the plaintiffs? If the answer is in the affirmative-
(a) When was it built and by whom-whether by Babar as alleged by the plaintiffs or by Meer Baqi as alleged by defendant no.13?
(b) Whether the building had been constructed on the site of an alleged Hindu temple after demolishing the same as alleged by defendant no.13? If so, its effect?
Issue No. 1-B(a) :-
Whether the building existed at Nazul plot no. 583 of the Khasra of the year 1931 of Mohalla Kot Ram Chandra known as Ram Kot, City Ayodhya (Nazul Estate) Ayodhya? If so its effect thereon?
Issue No. 1-B(b) :-
Whether the building stood dedicated to almighty God as alleged by the plaintiffs?
Issue No. 1-B(c) :-
Whether the building had been used by the members of the Muslim community for offering prayers from times immemorial? If so, its effect?
Issue No. 2 :-
Whether the plaintiffs were in possession of the property in suit upto 1949 and were dispossessed from the same in 1949 as alleged in the plaint?
Issue No. 3 :-
Is the suit within time?
Issue No. 4 :-
Whether the Hindus in general and the devotees of Bhagwan Sri Ram in particular have perfected right of 287 prayers at the site by adverse and continuous possession as of right for more than the statutory period of time by way of prescription as alleged by the defendants? Issue No. 5 :-
(a)Are the defendants estopped from challenging the character of property in suit as a waqf under the administration of plaintiff no.1 in view of the provision of 5(3) of U.P. Act 13 of 1936?
(b) Has the said Act no application to the right of Hindus in general and defendants in particular, to the right of their worship?
(c) Were the proceedings under the said Act conclusive?
(d) Are the said provision of Act XIII of 1936 ultra- vires as alleged in written statement?
(e) Whether in view of the findings recorded by the learned Civil Judge on 21.4.1966 on issue no.17 to the effect that "No valid notification under section 5(1) of the Muslim Waqf Act ( No. XIII of 1936) was ever made in respect of the property in dispute", the plaintiff Sunni Central Board of Waqf has no right to maintain the present suit?
(f) Whether in view of the aforesaid finding, the suit is barred on account of lack of jurisdiction and limitation as it was filed after the commencement of the U.P. Muslim Waqf Act, 1960?
Issue No. 6 :-
Whether the present suit is a representative suit, plaintiffs representing the interest of the Muslims and defendants representing the interest of the Hindus?288
Issue No. 7 :-
(a) Whether Mahant Raghubar Dass, plaintiff of Suit No. 61/280 of 1885 had sued on behalf of Janma Sthan and whole body of persons interested in Janma-Sthan?
(b) Whether Mohammad Asghar was the Mutwalli of alleged Babri Masjid and did he contest the suit for and on behalf of any such mosque?
(c) Whether in view of the judgment in the said suit, the members of the Hindu community, including the contesting defendants, are estopped from denying the title of the Muslim community, including the plaintiffs of the present suit, to the property in dispute? If so, its effect?
(d) Whether in the aforesaid suit, title of the Muslims to the property in dispute or any portion thereof was admitted by plaintiff of the that suit? If so, its effect?
Issue No. 8 :-
Does the judgment of case No. 6/281 of 1881, Mahant Raghubar Dass Vs. Secretary of State and others operate as res judicata against the defendants in suit? Issue No. 9 :-
Deleted vide order dated May 22/25, 1990 Issue No. 10 :-
Whether the plaintiffs have perfected their rights by adverse possession as alleged in the plaint? Issue No. 11 :-
Is the property in suit the site of Janam Bhumi of Sri Ram Chandraji?
Issue No. 12 :-
Whether idols and objects of worship were placed inside the building in the night intervening 22nd and 23rd 289 December 1949 as alleged in paragraph 11 of the plaint or they have been in existence there since before? In either case, effect?
Issue No. 13 :-
Whether the Hindus in general and defendants in particular had the right to worship the Charans and 'Sita Rasoi' and other idols and other objects of worship, if any, existing in or upon the property in suit? Issue No. 14 :-
Have the Hindus been worshipping the place in dispute as Sri Ram Janam Bhumi or Janam Asthan and have been visiting it as a sacred place of pilgrimage as of right since times immemorial? If so, its effect? Issue No. 15 :-
Have the Muslims been in possession of the property in suit from 1528 A.D. continuously, openly and to the knowledge of the defendants and Hindus in general? If so, its effect?
Issue No. 16 :-
To what relief, if any, are the plaintiffs or any of them, entitled?
Issue No. 17 :-
Whether a valid notification under Section 5(1) of the U.P. Muslim Waqf Act No. XIII of 1936 relating to the property in suit was ever done? If so, its effect? Issue No. 18 :-
What is the effect of the judgment of their Lordships of the Supreme Court in Gulam Abbas and others vs. State of U.P. and others, AIR 1981 Supreme Court 2198 on the finding of the learned Civil Judge recorded on 21st April, 290 1966 on issue no. 17?
Issue No. 19(a) :-
Whether even after construction of the building in suit Deities of Bhagwan Sri Ram Virajman and the Asthan, Sri Ram Janam Bhumi continued to exist on the property in suit as alleged on behalf of defendant no.13 and the said places continued to be visited by devotees for purposes of worship? If so, whether the property in dispute continued to vest in the said Deities?
Issue No. 19(b) :-
Whether the building was land-locked and cannot be reached except by passing through places of Hindu worship? If so, its effect?
Issue No. 19(c) :-
Whether any portion of the property in suit was used as a place of worship by the Hindus immediately prior to the construction of the building in question? If the finding is in the affirmative, whether no mosque could come into existence in view of the Islamic tenets at the place in dispute?
Issue No. 19(d) :-
Whether the building in question could not be a mosque under the Islamic Law in view of the admitted position that it did not have minarets? Issue No. 19(e) :-
Whether the building in question could not legally be a mosque as on plaintiffs' own showing it was surrounded by a graveyard on three sides?
Issue No. 19(f) :-
Whether the pillars inside and outside the building in 291 question contain images of Hindu Gods and Goddesses? If the finding is in the affirmative, whether on that account the building in question cannot have the character of Mosque under the tenets of Islam?
Issue No. 20(a) :-
Whether the Wqaf in question cannot be a Sunni Waqf as the building was not allegedly constructed by a Sunni Mohammedan but was allegedly constructed by Meer Baqi who was allegedly a Shia Muslim and the alleged Mutwallis were allegedly Shia Mohammedans? If so, its effect?
Issue No. 20(b) :-
Whether there was a Mutwalli of the alleged Waqf and whether the alleged Mutwalli not having joined in the suit, the suit is not maintainable so far as it relates to relief for possession?
Issue No. 21 :-
Whether the suit is bad for non-joinder of alleged Deities?
Issue No. 22 :-
Whether the suit is liable to be dismissed with special costs?
Issue No. 23 :-
Whether the Waqf board is an instrumentality of State? If so, whether the said Board can file a suit against the State itself?
Issue No. 24 :-
If the Waqf Board is State under Article 12 of the Constitution? If so, the said Board being the State can file any suit in representative capacity sponsoring the case of 292 particular community and against the interest of another community?
Issue No. 25 :-
Whether demolition of the disputed structure as claimed by the plaintiff, it can still be called a mosque and if not whether the claim of the plaintiffs is liable to be dismissed as no longer maintainable Issue No. 26 :-
Whether Muslims can use the open site as mosque to offer prayer when structure which stood thereon has been demolished Issue No. 27 :-
Whether the courtyard contained Ram Chabutara, Bhandar and Sita Rasoi If so, whether they were also demolished on 6.12.1992 along with the main temple? Issue No. 28 :-
Whether the defendant no.3 has ever been in possession of the disputed site and the plaintiffs were never in its possession?
270. Suit-1 :
Issue No. 1 :-
Is the property in suit the site of Janam Bhumi of Sri Ram Chandra Ji?
Issue No. 2 :-
Are there any idols of Bhagwan Ram Chandra Ji and are His Charan Paduka situated in the site in suit? Issue No. 3 :-
Has the plaintiff any right to worship the 'Charan Paduka' and the idols situated in the site in suit. Issue No. 4 :-293
Has the plaintiff the right to have Darshan of the place in suit?
Issue No. 5(a) :-
Was the property in suit involved in Original Suit No. 61/280 of 1885 in the court of Sub -Judge, Faizabad, Raghubar Das Mahant Vs. Secretary of State for India and others?
5(b) Was it decided against the plaintiff?
5(c) Was the suit within the knowledge of Hindus in general and were all Hindus interested in the same?
5(d) Does the decision in same bar the present suit by principles of res judicata and in any other way? Issue No. 6 :-
Is the property in suit a mosque constructed by Shanshah Babar commonly known as Babri Mosque, in 1528 A.D.?
Issue No. 7 :-
Have the Muslims been in possession of the property in suit from 1528 A.D. continuously, openly and to the knowledge of plff and Hindus in general? If so, its effect? Issue No. 8 :-
Is the suit barred by proviso to Section 42 Specific Relief Act?
Issue No. 9 :-
Is the suit barred by provision of Section 5(3) of the Muslim Waqfs Act (U.P. Act 13 of 1936)?
9(a). Has the said Act no application to the right of Hindus in general and plaintiff of the present suit , in particular to his right of worship?
9(b). Were the proceedings under the said Act, 294 referred to in written statement para 15, collusive? If so its effect?
9(c) Are the said provisions of the U.P. Act 13 of 1936 ultra vires for reasons given in the statement of plaintiff's counsel dated 9.3.62 recorded on paper no. 454- A?
Issue No. 10 :-
Is the present suit barred by time?
Issue No. 11 :-
(a) Are the provisions of section 91 C.P.C. applicable to present suit? If so, is the suit bad for want of consent in writing by the Advocate General?
(b) Are the rights set up by the plaintiff in this suit independent of the provisions of section 91 CPC? If not, its effect.
Issue No. 12 :-
Is the suit bad for want of steps and notice under Order 1, Rule 8 CPC? If so, its effect?
Issue No. 13 :-
Is the suit no. 2 of 50 Shri Gopal Singh Visharad Vs. Zahoor Ahmad bad for want of notice under Section 80 CPC.
Issue No. 14 :-
Is the suit no. 25 of 50 Param Hans Ram Chandra Vs. Zahoor Ahmad bad for want of valid notice under section 80 CPC?
Issue No. 15 :-
Is the suit bad for non-joinder of defendants? Issue No. 16 :-
Are the defendants or any of them entitled to special 295 costs under Section 35-A C.P.C.
Issue No. 17 :-
To what reliefs, if any, is the plaintiff entitled?
271. Suit-3 :
Issue No. 1 :-
Is there a temple of Janam Bhumi with idols installed therein as alleged in para 3 of the plaint. Issue No. 2 :-
Does the property in suit belong to the plaintiff no.1? Issue No. 3 :-
Have plaintiffs acquired title by adverse possession for over 12 years?
Issue No. 4 :-
Are plaintiffs entitled to get management and charge of the said temple?
Issue No. 5 :-
Is the property in suit a mosque made by Emperor Babar known as Babari Masjid?
Issue No. 6 :-
Was this alleged mosque dedicated by Emperor Babar for worship by Muslims in general and made a public waqf property?
Issue No. 7 :-
(a) Has there been a notification under Muslim Waqf Act Act No. 13 of 1936) declaring this property in suit as a Sunni Waqf?
(b) Is the said notification final and binding? Its effect?
Issue No. 8 :-
Have the rights of the plaintiffs extinguished for want 296 of possession for over 12 years prior to the suit? Issue No. 9 :-
Is the suit within time?
Issue No. 10 :-
(a) Is the suit bad for want of notice u/s 80 C?
(b) Is the above plea available to contesting defendants?
Issue No. 11 :-
Is the suit bad for non-joinder of necessary defendants?
Issue No. 12 :-
Are defendants entitled to special costs u/s 35 CPC? Issue No. 13 :-
To what relief, if any, is the plaintiff entitled? Issue No. 14 :-
Is the suit not maintainable as framed? Issue No. 15 :-
Is the suit property valued and court fee paid sufficient?
Issue No. 16 :-
Is the suit bad for want of notice u/s 83 of U.P. Act 13 of 1936?
Issue No. 17 :-
Whether Nirmohi Akhara, plaintiff, is Panchayati Math of Rama Nand sect of Bairagis and as such is a religious denomination following its religious faith and persuit according to its own custom?
272. Suit-5 :
Issue No. 1 :-
Whether the plaintiffs 1 and 2 are juridical persons?297
Issue No. 2 :-
Whether the suit in the name of Deities described in the plaint as plaintiffs 1 and 2 is not maintainable through plaintiff no.3 as next friend?
Issue No. 3 :-
(a) Whether the idol in question was installed under the central dome of the disputed building (since demolished) in the early hours of December 23, 1949 as alleged by the plaintiff in paragraph 27 of the plaint as clarified in their statement under Order 10 Rule 2 C.P.C.
(b) Whether the same idol was reinstalled at the same place on a Chabutara under the canopy?
(c) Whether the idols were placed at the disputed site on or after 6.12.1992 in violation of the courts order dated 14.8.1989 and 15.11.91?
(d) If the aforesaid issue is answered in the affirmative, whether the idols so placed still acquire the status of a deity.
Issue No. 4 :-
Whether the idol in question had been in existence under the "Shikhar" prior to 6.12.92 from time immemorial as alleged in paragraph 44 of the additional written statement of defendant no.3?
Issue No. 5 :-
Is the property in question properly identified and described in the plaint?
Issue No. 6 :-
Is the plaintiff no.3 not entitled to represent the plaintiffs 1 and 2 as their next friend and is the suit not competent on this account?298
Issue No. 7 :-
Whether the defendant no.3 alone is entitled to represent plaintiffs 1 and 2, and is the suit not competent on that account as alleged in paragraph 49 of the additional written statement of defendant no.3? Issue No. 8 :-
Is the defendant Nirmohi Akhara the "Shebait" of Bhagwan Sri Ram installed in the disputed structure? Issue No. 9 :-
Was the disputed structure a mosque known as Babri Masjid?
Issue No. 10 :-
Whether the disputed structure could be treated to be a mosque on the allegations contained in paragraph 24 of the plaint?
Issue No. 11 :-
Whether on the averments made in paragraph 25 of the plaint, no valid waqf was created in respect of the structure in dispute to constitute it as a mosque? Issue No. 12:- Deleted vide order dated 23.02.1996. Issue No. 13 :-
Whether the suit is barred by limitation? Issue No. 14 :-
Whether the disputed structure claimed to be Babri Masjid was erected after demolishing Janma Sthan temple at its site.
Issue No. 15 :-
Whether the disputed structure claimed to be Babri Masjid was always used by the Muslims only regularly for offering Namaz ever since its alleged construction in 1528 299 A.D. to 22nd December 1949 as alleged by the defendants 4 and 5?
Issue No. 16 :-
Whether the title of plaintiffs 1 and 2, if any, was extinguished as alleged in paragraph 25 of the written statement of defendant no.4? If yes, have plaintiffs 1 and 2 reacquired title by adverse possession as alleged in paragraph 29 of the plaint?
Issue No. 17:- Deleted vide order dated 23.02.1996. Issue No. 18:-
Whether the suit is barred by section 34 of the Specific Relief Act as alleged in paragraph 42 of the additional written statement of defendant no.3 and also as alleged in paragraph 47 of the written statement of defendant no.4 and paragraph 62 of the written statement of defendant no. 5? Issue No. 19 :-
Whether the suit is bad for non-joinder of necessary parties, as pleaded in paragraph 43 of the additional written statement of defendant no.3?
Issue No. 20 :-
Whether the alleged Trust creating the Nyas , defendant no.21, is void on the facts and grounds stated in paragraph 47 of the written statement of defendant no.3? Issue No. 21 :-
Whether the idols in question cannot be treated as Deities as alleged in pragraphs 1,11,12,21,22, 27 and 41 of the written statement of defendant no.4 and in paragraph 1 of the written statement of defendant no.5? Issue No. 22 :-
Whether the premises in question or any part thereof is 300 by tradition, belief and faith the birth place of Lord Rama as alleged in paragraphs 19 and 20 of the plaint? If so, its effect?
Issue No. 23 :-
Whether the judgment in suit no. 61/280 of 1885 filed by Mahant Raghubar Das in the Court of Special Judge, Faizabad is binding upon the plaintiffs by application of the principles of estoppel and res judicata as alleged by the defendants 4 and 5?
Issue No. 24 :-
Whether worship has been done of the alleged plaintiff Deity on the premises in suit since time immemorial as alleged in para 25 of the plaint? Issue No. 25 :-
Whether the judgment and decree dated 30th March 1946 passed in Suit No. 29 of 1945 is not binding upon the plaintiffs as alleged by the plaintiffs? Issue No. 26 :-
Whether the suit is bad for want of notice under section 80 C.P.C. as alleged by the defendants 4 and 5? Issue No. 27 :-
Whether the plea of suit being bad for want of notice under Section 80 CPC can be raised by defendants 4 and 5?
Issue No. 28 :-
Whether the suit is bad for want of notice under Section 65 of the U.P. Muslim Waqfs Act, 1960 as alleged by defendants 4 and 5? If so, its effect. Issue No. 29 :-
Whether the plaintiffs are precluded from bringing 301 the present suit on account of dismissal of suit no. 57 of 1978 (Bhagwan Sri Ram Lala Vs. State) of the Court of Munsif Sadar, Faizabad?
Issue No. 30 :-
To what relief, if any, are plaintiffs or any of them entitled?
273. It is worthy to mention that after submission of ASI report neither the pleadings were got amended nor any new issue sought to be framed. The parties also did not find any reason or justification for requesting this Court for addition or alteration in the existing issues though arguments have been advanced and evidence also led. We may specifically place it on record that no issue has been framed whether Lord Ram existed or born in Ayodhya or that the present location of Ayodhya is the same as it was in the olden days and in particular at the time when Hindu believe that Lord Ram was born thereat. Further there is also no issue whether there existed any Islamic religious structure, building etc. at the disputed site before the construction of the disputed building or whether there existed a 'Kanati Masjid' or 'Eidgah' or 'other Muslim religious building' at the site in dispute before erection of the disputed structure. There is also no issue whether the temple if any, demolished for raising construction of the disputed building was constructed by Maharaja Vikramaditya or by Kings of Gahadwal Dynasty and regarding the shape, size etc. thereof. It is well settled and need no authority that the matter in respect whereof issues are not framed, should neither be allowed to be raised nor be examined by the Civil Court and it should confine adjudication in respect of the matter covered by the issues framed before it. (See Mohd. Saleh vs. Ram Ratan AIR 1924 Nagpur 156 and Suraj Bhan vs. Harchandgir 1954 PEPSU 65 (DB). We, therefore confine ourselves, in the present cases, only to the issues raised before us and not otherwise. EVIDENCES ADDUCED-In Brief 302
274. (1) Oral Depositions : Parties to these suits produced 88 witnesses, who deposed on one or the other subject. Broadly, these witnesses are categorized as under:
275. (a) Witnesses produced in Suit-4 by Plaintiff :
(I) Witness of facts :
1. P.W. 1 Sri Mohd. Hashim
2. PW 2 Hazi Mahboob Ahmed
3. PW 3 Farooq Ahmad
4. PW 4 Mohd. Yasin
5. PW 5 Sri Abdul Rehman
6. PW 6 Mohd. Yunus Siddiqui
7. PW 7 Sri Hashmat Ullah Ansari
8. PW 8 Sri Abdul Aziz
9. PW 9 Syeed Akhlak Ahmad
10. PW 10 Mohd. Idris
11. PW11 Mohd. Burhanuddin
12. PW 12 Ram Shanker Upadhyay
13. PW 13 Suresh Chandra Mishra
14. PW 14 Jalil Ahmad
15. PW 21 Dr. M. Hashim Qidwai
16. PW 23 Mohd Qasim Ansari
17. PW 25 Mohd. Sibte Naqvi (II) Expert Witnesses (Historian)
18. PW 15 Sushil Srivastava
19. PW 18 Prof. Suvira Jaiswal
20. PW 20 Prof. Shirin Musavi (III) Expert Witnesses (Archaeologist)
21. PW 16 Prof. Suraj Bhan
22. PW 24 Prof. D. Mandal
23. PW 27 Dr. Shereen F. Ratnagar 303
24. PW 28 Dr. Sita Ram Roy
25. PW 29 Dr. Jaya Menon
26. PW 30 Dr. R. C. Thakran
27. PW 31 Dr. Ashok Datta
28. PW 32 Dr. Supriya Verma (IV) Private Commissioner
29. PW 17 Zafar Ali Siddiqui (V) Expert Witnesses (Religious Matters)
30. PW 19 Maulana Atiq Ahmad
31. Pw 22 Mohd. Khalid Naqui
32. PW 26 Kalbe Jawed
276. (b) Witnesses produced in Suit-5 by Plaintiff :
(I) Witness of facts :
1. OPW 1 Mahant Paramhans Ram Chandra Das
2. OPW 2 Sri D.N. Agarwal
3. OPW 4 Harihar Prasad Tewari
4. OPW 5 Ram Nath Mishra alias Banarsi Panda
5. OPW 6 Hausila Prasad Tripathit
6. OPW 7 Sri Ram Surat Tewari
7. OPW 8 Ashok Chandra Chatterjee
8. OPW 12 Kaushal Kishor Misra
9. OPW 13 Narad Saran (II) Expert Witnesses (Archaeologist)
10. OPW 3 Dr. S.P. Gupta
11. OPW 14 Dr. Rakesh Tewari
12. OPW 17 Dr. R. Nagaswami
13. OPW 18 Sri Arun Kumar Sharma
14. OPW 19 Sri Rakesh Dutta Trivedi 304 (III) Expert Witness (Epigraphist and Historian)
15. OPW 9 Dr. T.P. Verma (IV) Expert Witnesses (Epigraphist)
16. OPW 10 Dr. Voluvyl Vyasarayasastri Ramesh
17. OPW 15 Dr. M.N. Katti (V) Expert Witnesses (Historian)
18. OPW 11 Dr. Satish Chandra Mittal (VI) Expert Witnesses (Religious Matters)
19. OPW 16 Jagadguru Ramanandacharya Swami Ram Bhadracharya
277. (c) Witnesses produced in Suit-1 by Plaintiff :
(I) Witness of facts :
1. DW 1/1 Sri Rajendra Singh
2. DW 1/2 Sri Krishna Chandra Singh
3. DW 1/3 Sri Sahdeo Prasad Dubey
278. (d) Witnesses produced in Suit-3 of 1989 by Plaintiff :
(I) Witness of facts :
1. DW 3/1 Mahant Bhaskar Das
2. DW 3/2 Sri Raja Ram Pandey
3. DW 3/3 Sri Satya Narain Tripathi
4. DW 3/4 Mahant Shiv Saran Das
5. DW 3/5 Sri Raghunath Prasad Pandey
6. DW 3/6 Sri Sita Ram Yadav
7. DW 3/7 Mahant Ramji Das
8. DW 3/8 Pt. Shyam Sundar Mishra @ Barkau Mahraj
9. DW 3/9 Sri Ram Ashrey Yadav
10. DW 3/11 Sri Bhanu Pratap Singh
11. DW 3/12 Sri Ram Akshaibar Pandey 305
12. DW 3/13 Mahant Ram Subhag Shashtri
13. DW 3/15 Narendra Bahadur Singh
14. DW 3/16 Sri Shiv Bhikh Singh
15. DW 3/17 Sri Mata Badal Tewari
16. DW 3/18 Sri Acharya Mahant Bansidhar Das @ Uriya Baba
17. DW 3/19 Sri Ram Milan Singh
18. DW 3/20 Mahant Raja Ramchandr-
-acharya (II) Others :
19. DW 3/10 Sri Pateshwari Dutt Pandey
20. DW 3/14 Jagad Guru Ramanandacharya Swami Haryacharya
279. (e) Witnesses produced by Defendant 2/1 in Suit-4 :
(I) Witness of facts :
1. D.W.2/1-3 Mahant Ram Vilas Das Vedanti (II) Others :
2. D.W.2/1-1 Sri Rajendra.
3. D.W.2/1-2 Sri Ram Saran Srivastava
280. (f) Witnesses produced by Defendant 13/1 in Suit-4 :
(I) Expert Witness (Historian) :
1. DW 13/1-3 Dr. Bishan Bahadur (II) Others :
2. DW 13/1-1 Mahant Dharam Das
3. DW 13/1-2 Mahant Awadh Bihari Das Pathak
281. (g) Witnesses produced by Defendant 17 in Suit-4 :
(I) Witness of facts :
1. DW 17/1 Sri Ramesh Chandra Tripathi
282. (h) Witnesses produced by Defendant 20 in Suit-4 :
306(I) Witness of facts :
1. DW 20/1 Sri Shashi Kant Rungta
2. DW 20/4 Sri M.M. Gupta (II) Expert Witnesses (Religious Matters)
3. DW 20/2 Swami Avimukteshwaran and Saraswati
4. DW 20/3 Bramchari Ram Rakshanand (III) Expert Witness (Archaeologist)
5. DW 20/5 Sri Jayanti Prasad Srivastava
283. (i) Witnesses produced by Defendant 6/1 in Suit-3 :
(I) Expert Witness (Archaeologist) :
1. DW 6/1-2 Sri Mohd. Abid (II) Others :
2. DW 6/1-1 Sri Haji Mahboob Ahmad
284. The statement of DW13/1-2 Mahant Awadh Bihari Das Pathak, could not be concluded due to his death in the meantime. Therefore, neither in law nor otherwise the same is admissible at all and to this effect the parties are also in agreement. Similarly, the statement of OPW 2, Deoki Nandan Agarwal could not be concluded since during the course of cross examination by Sri Jilani, he fell ill and ultimately died. Therefore, in view of Section 32 of the Evidence Act, the above statement of OPW 2 is also not admissible. However, Counsel for plaintiff (Suit-5) sought to advance his argument on this aspect is that to the extent some of the parties have completed their cross examination, the statement of OPW 2 can be read and, therefore, at this stage with regard to statement of OPW 2 we are not giving any final opinion and shall deal with it subsequently at appropriate stage.
307285. The above witnesses have deposed to support the case of the respective parties. As noticed already, a large number of them are experts in different disciplines i.e. History, Archaeology, Epigraphy, Palaeontology, etc. They have deposed to give their opinion in the field of their expertise. Broadly and briefly, the facts in support whereof the above witnesses have been produced may be categorized as under:
A. Existence of Mosque, continuous prayer by Muslims etc. (On behalf of Plaintiffs in Suit-4)
286. The witnesses of facts produced on behalf of Muslim parties are to prove that up to the date of attachment or till 22/23.12.1949 Muslims had offered prayer regularly in the disputed structure, the same was always treated, used and practiced to be a 'Mosque', there was no idol of Lord Ram herein in the inner courtyard or under the central dome of three domed structure. These witnesses are, PW 1-Sri Mohd. Hashim; PW 2- Hazi Mahboob Ahmed; PW 3-Farooq Ahmad; PW 4- Mohd. Yasin; PW 5-Sri Abdul Rehman; PW 6-Mohd. Yunus Siddiqui; PW 7-Sri Hashmat Ullah Ansari; PW 8-Sri Abdul Aziz; PW 9-Syeed Akhlak Ahmad; PW 14-Jalil Ahmad; PW 21- Dr. M. Hashim Qidwai; PW 22-Mohd. Khalid Naqui; PW 23, Mohd. Qasim Ansari and PW 25-Sibte Mohd. Naqvi. (Total 14) B. Birthplace of Lord Ram; continuous worship by Hindus; No Namaz, no mosque etc.
287. The Hindu parties on the contrary have produced witnesses to prove that Lord Ram was born at the disputed site as per the faith and belief of Hindus; the site in dispute was always worshiped as birthplace of Lord Ram; the Muslims never and at least since 1934 have offered prayer (Namaz) at the disputed site; the site in dispute had a massive temple of Lord Ram which was demolished/damaged by Emperor Babar 308 through Mir Baqi, a Commander of Babar in 1528; he constructed a Mosque which could not be completed or even if completed but was never practiced as Mosque since no prayer (Namaz) could be offered by Muslims thereat; the building constructed by Babar/Mir Baqi continued to be a temple of Lord Ram and worshiped by Hindus as such; throughout the Hindus are worshiping the place as the site of birth of Lord Ram, there was no mosque at all etc. These witnesses are DW 1/1-Sri Rajendra Singh; DW 1/2-Sri Krishna Chandra Singh; DW 1/3- Dr. Sahdeo Prasad Dubey; DW 2/1-1-Sri Rajendra Singh; DW 2/1-2-Sri Ram Saran Srivastava; DW 2/1-3-Mahant Ram Vilas Das Vedanti; DW 3/1-Mahant Bhaskar Das; DW 3/2-Sri Raja Ram Pandey; DW 3/3-Sri Satya Narain Tripathi; DW 3/4- Mahant Shiv Saran Das; DW 3/5, Raghunath Prasad Pandey; DW 3/6-Sri Sita Ram Yadav; DW 3/7, Mahant Ramji Das; DW 3/8-Pt. Shyam Sundar Mishra @ Barkau Mahraj; DW 3/9-Sri Ram Asrey Yadav; DW 3/11-Sri Bhanu Pratap Singh; DW 3/12- Sri Ram Akshaibar Pandey; DW 3/13-Mahant Ram Subhag Shastri; DW 3/14-Jagadguru Ramanandacharya Swami Haryacharya; DW 3/15-Sri Narendra Bahadur Singh; DW 3/16- Sri Shiv Bhikh Singh; DW 3/17-Sri Mata Badal Tewari; DW 3/18-Sri Acharya Mahant Bansidhar Das @ Uriya Baba; DW 3/19-Sri Ram Milan Singh; DW 3/20-Mahant Raja Ramchandracharya; DW 13/1-1-Mahant Daram Das; DW 17/1- Sri Ramesh Chandra Tripathi; DW 20/1-Sri Shashi Kant Rungta; DW 20/2-Swami Avimukteshwaranand Saraswati; and DW 20/3-Bramchari Ram Rakshanand; OPW 1-Mahant Paramhans Ram Chandra Das; OPW 2-Sri Deoki Nandan Agarwal; OPW 4- Sri Harihar Prasad Tewari; OPW 5-Sri Ram Nath Mishra alias Banarsi Panda; OPW 6-Sri Hausila Prasad 309 Tripathi; OPW 7-Sri Ram Surat Tewari; OPW 12-Sri Kaushal Kishor Misra; OPW 13-Sri Narad Saran. (Total 38) C. Temple (Existence and demolition):
288. The third set of witnesses are those experts who have deposed about the existence or non existence of temple, its demolition; construction of mosque in 1528 A.D. etc., in support of one or the other party. The witnesses who have said that there existed no temple when the mosque in question was constructed in 1528 A.D. by Mir Baqi and that there was no evidence that the site in dispute was a birthplace of Lord Ram are, PW12- Sri Ram Shanker Upadhyay; PW 13-Sri Suresh Chandra Mishra; PW 15-Sri Sushil Srivastava; PW 16-Prof. Suraj Bhan; PW 18- Prof. Suvira Jaiswal; PW 20-Prof. Shirin Musavi; PW 24- Prof. D. Mandal; PW 27-Dr. Shereen F. Ratnagar; and PW 28-Dr. Sita Ram Roy. The witnesses who have deposed otherwise are OPW 3-Dr. Swaraj Prakash Gupta; OPW 9-Dr. Thakur Prasad Verma; OPW 11-Dr. Satish Chandra Mittal; OPW 16-Jagadguru Ramanandacharya Swami Ram Bhadracharya; DW 13/1-3-Dr. Bishan Bahadur; and DW 20/4-Sri Madan Mohan Gupta. (Total
12) D. ASI Report:
289. The ASI has submitted its report giving its opinion that there was a massive structure beneath disputed building which had continued till the disputed building was constructed and in view of the various artefacts etc. it resembles religious structure of Northern India. On behalf of Muslim parties, expert witnesses have deposed to contradict the said report while on behalf of Hindu parties the witnesses have deposed supporting the view of ASI. On behalf of Muslim parties, PW 16-Prof. Suraj Bhan; PW 24-Prof. D. Mandal; PW 29-Dr. Jaya Menon; PW 30- Dr. R. C. 310 Thakran; PW 31-Dr. Ashok Datta, PW 32 Dr. Supriya Verma, DW 6/1-1 Sri Haji Mahboob Ahmad and DW 6/1-2 Sri Mohd. Abid have deposed their statements; while on behalf of Hindus, OPW 17-Dr. R. Nagaswami; OPW 18-Sri Arun Kumar Sharma; OPW 19-Sri Rakesh Dutta Trivedi; and DW 20/5-Sri Jayanti Prasad Srivastava have deposed their statements. (Total 12) E. Characteristics of Mosque:
290. About the characteristics of a mosque, on behalf of Muslims, some witnesses claiming expert in religious matters (Islamic Law) have been produced i.e. PW 10-Mohd. Idris; PW 11-Mohd. Burhanuddin; PW 19-Maulana Atiq Ahmad; PW 22- Mohd. Khalid Nadvi; PW 25-Sibte Mohd. Naqvi; and PW 26-
Kalbe Jawed. (Total six) F. Sanskrit Inscriptions found in 1992:
291. In reference to the aforesaid inscription and its transliteration three witnesses have been produced i.e. OPW 8- Sri Ashok Chandra Chatterjee; OPW 10-Dr. Voluvyl Vyasarayasastri Ramesh; and OPW 15-Dr. M.N. Katti. (Total three) G. Artefacts in Debris:
292. Certain artefacts were recovered from debris which were taken over by the Government and to prove the same OPW 14- Dr. Rakesh Tewari has been produced.
H. Commissioner/Survey Report:
293. A Court Commissioner was appointed in some other matters in 1973 and to prove his report DW 3/10- Sri Pateshwari Dutt Pandey has been produced. A private survey of the area in dispute and nearby is said to have been made on behalf of Muslim parties and to prove the same PW 17- Zafar Ali Siddiqui has been produced.
311(Note - There are four witnesses who are mentioned in two categories. They are PW 14, 16, 22 and 25)
294. At this stage, we propose to notice the gist of the statement in chief of the above witnesses to the facts they intend to prove.
(A) WITNESSES OF FACTS -ON BEHALF OF PLAINTIFFS (SUIT 4)
295. As noticed above PWs 1 to 9, 14, 21, 22, 23 and 25 have been produced in the above matter and they have deposed their statements in Hindi.
296. PW 1 Mohd. Hashim, 75 years old (in July 1996). He is plaintiff no.7 in Suit-4 and defendant no. 5 in Suit-5/89. He was cross examined on :
(a) 24/25/26.07.1996, 01/05/06.08.1996 -by Sri R.L.Verma, Advocate on behalf of Nirmohi Akhara, defendant no. 3 (p. 6-76)
(b) 06/07.08.1996-by Sri Ved Prakash, Advocate, on behalf of defendant no.13 (p. 76-90)
(c) 20/21.08.1996-by Sri Vireshwar Dwivedi, Advocate, for Sri Umesh Chandra, defendant no. 22 (p. 91-110)
(d) 21/22.08.1996-by Sri Madan Mohan, Advocate, for Paramhans Ramchandra Das, defendant no. 2 (p. 110-
128)
(e) 22/23.08.1996-by Sri Harishankar Jain, Advocate, for Hindu Mahasabha, defendant no. 10 and adopted by defendant no. 17 (p. 128-146)
(f) 23/26.08.9196-by Sri Gopal Singh Visharad, plaintiff in Suit-1 through Sri P. L. Mishra, Advocate (p. 146-164)
(g) 26/27/29.08.1996-by Sri Deoki Nandan Agarwal, plaintiff no.3 in Suit-5 (p. 164-192)
297. He is a tailor by profession, resides at Mohalla Kothia, 312 Ayodhya, district Faizabad. His father late Karim Bux died in 1932 at the age of 85 years who was also a tailor. Since generations, he is residing at Ayodhya. He has an ancestral house. His residence falls in Mauza Jalwanpur, owned by Rais Dula Ram who permitted Peer Bux (grandfather of PW 1) to construct a house in the said area. His tailor's shop is in Mohalla Shringhar Hat. He studied upto Class V in Madarsa Islamia, Mohalla Kaziana and passed out Class V in 1936. He knows only Urdu. His residence is about three furlongs away from the disputed site. He was taught Quran Sharif by Maulvi Abdul Gaffar. He went to offer Namaz in Babri mosque for the first time in 1938. At that time, Friday's Namaz used to be performed in two mosques but Taravi Namaz (Special prayer/namaz performed after Isha Namaz during the pious month of Ramzan) used to be performed only in Babri mosque in the month of Ramzan. The prayer (Namaz) used to be offered five times in a day in Babri mosque. Then said that sometimes Namaz was offered five times besides Friday's and Taravi Namaz. The water (wazoo) used to be arranged in big pitchers. Imam of the mosque was Maulvi Abdul Gaffar who had died. Moazzim (a person calling Azan loudly) was Ismail. He last offered Namaz on 22.12.1949. From the night of 22/23rd December 1949, the Government imposed prohibition. Idols were placed inside by Abhay Ram Das, Dharam Das and many others. There was a large gathering. In the morning when he went for Namaz, Cops were present there. Ramdeo Dubey and Mata Prasad, Constables, were there who told that Dharam Das, Abhay Ram Das and many others have placed idols inside and he should keep patience. Consequently, he could not offer Namaz as the same was not allowed. Later on, Daroga told that he had lodged 313 FIR and the mosque had been attached. In 1954 he and many others attempted to offer Namaz thereat for which the Government was also put on notice but could not offer. He and many others, i.e. 100 boys were imposed fine of Rs. 500/- each and six months imprisonment for committing breach of Section 144 Cr.P.C. In appeal the punishment was reduced to two months imprisonment and fine of Rs. 50/-which they underwent. When he went to offer Namaz, many persons, namely, Mohd. Kashim, Mohd. Ekhlaq, Jaan Mohammad, Rajjab Ali and many others accompanied him. The arrangement of mosque used to be made by Mutawalli Zaki Sahab and Zabbar who were brothers. After placing the idols a suit was filed by Gopal Singh Visharad. The witness was not a party. He was pursuing proceedings under Section 145 Cr.P.C. wherein other parties were Hazi Mohd. Fayaq, Mohd. Sami, Zahoor Ahmad, Ahmad Hussain @ Achchan and Sunni Board. He verified the following photographs with the details as mentioned hereunder:
(i) Photograph No. 1 (Paper No. 154/4): Main gate of Babari Mosque.
(ii) Photograph No. 2 (Paper No. 154/5): Stairs from North to South, Babari Mosque.
(iii) Photograph No. 4 (Paper No. 154/7): Western portion of the back of Babari Mosque.
(iv) Photograph No. 1 (Paper No. 154/4): Front portion of the place where Imam stands while offering Namaz.
(v) Photograph No. 9 (Paper No. 154/12): Upper portion of the place where Imam stands while offering Namaz.
(vi) Photograph No. 10 (Paper No. 154/13): The place where the Imam delivers Katwa.
(vii) Photograph No. 13 (Paper No. 154/6): Internal 314 urinal in the premises of Babari Mosque.
298. PW 1 further deposed that Ganj-E-Shahidan is in the east of the mosque. On the northern side there is a road and beyond that is a temple Janam Asthan. A signboard is also affixed at Janam Asthan. On the southern side of the mosque is a graveyard. Leaving the western side of the mosque, on all sides there is a graveyard in 9½ Bighas. There were several graves in 1949 which were adjacent and large in number. There was a gate each on northern and eastern side of the mosque. The northern gate opened on the road while the eastern side did not join with any passage but was connected with a brick road. Entry was mostly from the eastern gate of the mosque. In the way there was no restriction/obstruction from entering the mosque through the gate. Earlier when they used to enter from the eastern gate there used to be a Chabutara whereupon sometimes the priest used to sit. This Chabutara was about ten steps away from the passage and covered by thatch. Near the northern gate of the mosque there was a Chulha used to be called "Sita Rasoi". No obstruction caused while entering from that side due to Rasoi. There was a wall in front of Sita Rasoi. When the crowd swell, the northern gate used to be opened for passage. The northern and eastern gates were surrounded by a boundary wall. There was another wall of the mosque where there was main door which was locked. This lock was put on the date when the mosque was attached. No idols were placed inside the mosque upto 22.12.1949. No worship (Pooja) was performed inside the mosque ever. Therein Namaz used to be offered. It was a mosque and never a temple. Had Babur constructed the mosque after demolishing the temple, no Muslim would have offered Namaz therein. The suit plaint was 315 prepared by Sri Ayub Sahib (Vakil). PW1 besides Mohd. Kashim, Maulana Nasir, Maulana Vakulddin, Athar Ali, Zahoor Ahmed, Fayaq, Mahmood and Shahabuddin also used to go for preparation of the case. The notice of the suit was given by Sri Ayub to the officers of Faizabad, Government and the Receiver Priya Dutt Ram. Notice meant for Receiver returned unserved. He verified the signature of Ayub on paper no. 44 Ka-1, (Ex. 56-Suit-4). Papers no. 33 Ga (Ex. 57), 35Ga (Ex. 58), 37Ga (Ex.
59), 39Ka (Ex. 60) and 41 Ka-1 (Ex. 61) in Suit-4 are the acknowledgments received after service of notice. The building of the mosque was demolished on 6.12.1992 and a boundary wall has been constructed. The building was demolished by Kar Sewaks, many of whom belong to Bajarang Dal, Shiv Sena and RSS. The demolition took place in presence of the officers and Force. After demolition of the building, idols kept therein as well as bricks were taken away by the people. New idols kept inside the boundary wall constructed on 7.12.1992. On the outer side of the mosque, there is a Chabutara in respect whereto Mahant Raghubar Das filed a suit in 1885 but he lost that case throughout from Faizabad to Lucknow.
299. P.W. 2, Haji Mahboob Ahmad, 58 years of age (in September, 1996). He was cross examined as under :
(a) 17/18/19.09.1996-by Nirmohi Akhara, defendant no. 3 through Sri R.L. Verma, Advocate (p. 2-63)
(b) 20.09.1996-by Sri Dharmdas, defendant no. 13, through Sri Ved Prakash, Advocate (p. 64-71)
(c) 20.09.1996- by Sri Umesh Chandra Pandey through Sri Vireshwar Mishra, Advocate (p. 72-82)
(d) 23.09.1996-by Sri Paramhans Ramchandra Das through Sri M.M. Pandey, Advocate (p. 83-92) 316
(e) 23/24.09.1996-by Sri Rajendra, son of Sri Gopal Singh Visharad, through Sri P.L. Verma, Advocate (p. 92-106)
(f) 24.09.1996-by Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs in Suit-5 (p. 106-112)
(g) 07.10.1996- by Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate (p. 113-119)
300. He is a graduate of 1967, did his High School in 1961 at the age of about 21 years, date of birth mentioned in High School certificate is 1944; is resident of Tedhi Bazar, Ayodhya, district Faizabad and his house is situated about three furlongs away from mosque (Babari mosque). He had offered Namaz in Babari mosque hundreds of times. Besides Friday Namaz he used to offer five times Namaz thereat till 22.12.1949. In 1949, Friday Namaz and Taravi Namaz used to be offered in Ayodhya only in two mosques. The main gate was in the east of the mosque whereafter there was a lawn and again a gate, then a courtyard and then the mosque. Outside the main gate of the mosque there was a graveyard. There was no obstruction in visiting the mosque for offering Namaz. He never saw any worship (Pooja) etc. being performed inside the mosque. His father used to take interest in the arrangement of the mosque and was plaintiff also in the suit. By profession he was a Zamindar- farmer. He possessed 200 Bighas of agricultural land and died in 1960. PW 2 used to visit mosque for Namaz alongwith his father. He had seen many people offering Namaz therein. Out of those persons, Hashim, Abdul Ahaq, Hazi Fayaq, Rajjab Ali, Ashraf Ali and Ekhlaq are the names he could recollect. Besides, many others also used to perform Namaz. Haji Gaffar 317 was Imam of the mosque. Water used to be arranged in big pitchers. There was a well outside wherefrom water used to be brought. There was adequate arrangement for Wazoo. PW 1 is the President of Mukabir Masajid Committee. The incident of 6.12.1992 took place in his presence. He saw demolition of mosque from the roof of his house. He talked with Kumar Manglam, at that time a Minister in the then Central Government. He also talked with the Prime Minister and sent a telegram. He heard the noise shouting "demolish the mosque"
(Masjid Gira Do). The voice was mainly of Km. Uma Bharti who was a leader of Vishwa Hindu Parishad. In the night of 6/7th December 1992 after constructing a Chabutara, some idols kept thereat and rest of the place is vacant. He heard that old idols got broken and the people took away the same. New idols were kept thereat. His own house, the entire building and factory were set ablaze in this incident for which a compensation of Rs. 10,000/- was offered which he refused to accept. He is still residing at the same residence where he was on 6.12.1992.
301. PW 3-Farooq Ahmad, son of Zahoor Ahmad, aged about 90 years (in October 1996). He was cross examined as under :
(a) 07/08/10.10.1996-by Nirmohi Akhara through Sri R.L. Verma Advocate (p. 1-33)
(b) 11/14/15.10.1996-by Sri Dharmdas through Sri Ved Prakash, Advocate (p. 34-69)
(c) 15/16.10.1996-by Sri Umesh Chandra Pandey through Sri Vireshwar Dwivedi, Advocate (p. 69-91)
(d) 16.10.1996-by Sri Paramhans Ramchandra Das through Sri Madan Mohan, Advocate (p. 91-98)
(e) 16.10.1996- by Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate 318 (p. 98-102)
(f) 16/17.10.1996-by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p. 103-108)
(g) 17.10.1996-by Sri D.N. Agarwal on behalf of himself and other 2 plaintiffs in Suit-5 (p. 108-117)
302. He is a shopkeeper by profession and resides at Mohalla Naugaji, Ayodhya, district Faizabad. His predecessors are old residents of Ayodhya, for the last about 700 years. He used to offer Namaz in Babari mosque besides Friday Namaz. Last time, he offered Namaz in December 1949. After Isha Namaz, Daroga Ramdeo told his father that there is apprehension of something untoward and therefore, the premises be locked. He himself locked it and key was handed over to his father. A report was also lodged. After offering Isha Namaz in the last of December they went to their house. Namaz used to be offered by him along with others like, Hazi Faiku, Hashim and Kasim etc. Photographs no. 83 and 84 (Black and White Photographs Album prepared by the Department of U.P. State Archaeological Association are that of Babari Mosque and its floor. Inside there was a Mehrab (arches) and rows (Safai) where the people used to offer Namaz.
303. PW4-Mohd. Yaseen, aged about 66 years (in October 1996). He was cross examined in the following manner ;
(a) 29/30.10.1996-by Nirmohi Akhara through Sri R.L. Verma, Advocate started (p. 3-25)
(b) 31.10.1996-by Sri Dharmdas through Sri Ved Prakash, Advocate (p. 26-46)
(c) 01.11.1996-by Sri Umesh Chandra Pandey through Sri Vireshwar Dwivedi, Advocate (p. 47-54) 319
(d) 01.11.1996- by Sri Paramhans Ramchandra Das through Sri Madan Mohan Pandey, Advocate (p. 54-57)
(e) 01.11.1996- by Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Harishankar Jain, Advocate (p. 58-65)
(f) 01/05.11.1996-by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p.65-
70)
(g) 05.11.1996-by Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs in Suit-5 (p. 70-
79)
304. He is a shoe-maker residing in Mohalla Raiganj Gudiana, Ayodhya District Faizabad. He is acquainted with the disputed place. The building was Babri mosque and the adjacent area a graveyard which was on three sides of the mosque. No graveyard on the west side. The Babari mosque, he has learnt, is about 475 years old and was being used for offering Namaz. He has seen it clearly and himself used to offer Friday Namaz regularly. No other Namaz had been offered by him except Friday Namaz. Last time he offered Friday Namaz about 47 years ago. In the night intervening 22/23 December, 1949, idols were placed inside on account whereof Namaz could not be offered. He started offering Namaz since the age of eight years but on attaining majority started offering daily Namaz. Earlier he did not offer five times Namaz. Before attaining majority, he used to offer Fazir Namaz and sometimes Magrib Namaz. He used to offer Friday Namaz since the age of about twelve years. He offered Friday Namaz at Babri mosque which is a congregational Namaz and offered by the entire city. He used to meet Mohd. Hashim, Mahboob, Kashim, Hidaytullah, Safi 320 Ullah, Rutmallu alias Abdulla of Suthati mohalla. Ekhlakh of Durohi Kunwa is alive who met frequently. Regarding the inside topography of the mosque, he said:
^^bl efLtn dk fudkl iwjc dh rjQ vkSj mRrj dh rjQ FkkA efLtn esa otw dk bUrtke Hkh FkkA ikuh dk bUrtke eqroYyh djkrk Fkk efLtn ds lkeus dqvkWa FkkA otw efLtn esa nfD[ku dh rjQ gksrk FkkA pVkbZ] cnuk ds vykok is'kkc?kj dk Hkh ogkWa bUrtke FkkA efLtn esa vtku Hkh gksrh FkhA nfD[ku dh rjQ lkbZM esa FkksM+k lk ÅWapk pcwrjk Fkk ml ij [kM+s gksdj eqvfTte vtku nsrk Fkk is'kkc ?kj ds FkksM+k Qklys ij efLtn ds Åij tkus ds fy, thuk Hkh Fkk ;g vtku okyk pcwrjk thus ls vyx FkkA efLtn esa tgkWa vUnj uekt i<+h tkrh Fkh ogkWa lQksa dh ydhjsa cuh FkhA efLtn esa dkys iRFkj Hkh yxs FksA ysfdu mu ij dksbZ nsoh nsorkvksa dh rLohjsa ugha FkhA mu ij xeyksa dh 'kDy esa Qwy ifRr;kW cuh FkhA** "The exit of this mosque was in the east and north. There was arrangement for Vazu in the mosque. The arrangement of water was made by the Mutwalli. There was a well in front of the mosque. The Vazu took place in south of the mosque. Apart from mat and broom, there was provision of urinal at that place. Ajaan also was given from the mosque. There was a slightly higher platform on south of the mosque. The Muajjim used to give the Ajaan call from that platform. There was a staircase to go up in the mosque, at a short distance from the urinal. This Ajaan platform was different from the staircase. Lines from pages were present inside the mosque, at the place where Namaz was offered. Black stones had also been installed in the mosque but they did not contain any picture of Gods and Goddesses. They had pictures of flowers and leaves in form of pots." (English Translation by Court, now referred as 'E.T.C.') 321
305. P.W. 5 Abdul Rehman, son of Saiuddin, 71 years of age (in November, 1996). His cross examination followed as under :
(a) 05/06.11.1996-by Nirmohi Akhara through Sri R.L. Verma, Advocate (p. 2-32)
(b) 07.11.1996-by Dharamdas through Sri Ved Prakash, Advocate (p. 33-37)
(c) 07.11.1996- by Sri Umesh Chandra Pandey through Sri Vireshwar Dwivedi, Advocate (p. 37-44)
(d) 07.11.1996- by Rajendra Singh, son of Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p. 44-45)
(e) 07.11.1996- by Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs in Suit-5 (p. 45-
49)
(f) 08.11.1996-by Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate (p. 50-53)
(g) 28.11.1996-by Sri Paramhans Ramchandra Das through Sri Madan Mohan, Advocate (p. 54-64)
306. He is Hafiz Quran and is a resident of Ibrahimpur Pargana Mangalsi, Tahsil and District Faizabad. He started education at Jaganpur which is a nearby village of his residence, whereafter went to Madarasa Aliya Furkania situated at Chowk, Lucknow and completed his education thereat. He got certificate from the said institution. He remembers the entire Quran Sharif and that is why he is called 'Hafiz'. He deposed about offering of Namaz in the disputed mosque prior to 1949 as under:
^^eSa jetku rjkch es dqjku 'kjhQ lqukrk gwWA igys igy eSaus dqjku 'kjhQ rjkch esa e'kdxat y[kuÅ esa lquk;k FkkA ftl xkao esa eSa jgrk gwWa ogkWa Hkh efLtn gSA ml xkao dh efLtn esa Hkh rjkch esa eSaus dqjku 'kjhQ lquk;k gSA blds vykok Hkh vkSj cgqr ls txg eSaus dqjku 'kjhQ lquk;k gSA 1945 vkSj 46 esa rks eSaus ckcjh efLtn esa Hkh dqjku 322 'kjhQ lquk;k FkkA ;g ckcjh efLtn v;ks/;k esa FkhA eSaus dbZ lky rd cEcbZ esa Hkh dqjku 'kjhQ lquk;k gSA v;ks/;k gekjs xkao ls rdjhcu 18&19 fdeh0 nwj gSA eSaus v;ks/;k esa iwjk dqjku 'kjhQ lquk;k FkkA nksuksa lky esa iwjk lquk;k FkkA eq>s ogka ij gkth Qsdw us cqyk;k FkkA ftl jkst dqjku 'kjhQ iwjk lquk fn;k x;k Fkk mlds ckn eq>s 'kguok ls vk;s gq, eqrOOyh us ftldk uke eq>s vc ;kn ugha nl :i;s crkSj utjkuk Hkh fn;k FkkA ;g utjkuk nksuksa nQs fn;k x;k FkkA ckotwn esjh budkjh dsA eqroYyh lguok ds jgus okys Fks A tc eSa v;ks/;k dqjku 'kjhQ lqukus tkrk Fkk rks mu fnuksa esa tqEes dh uekt eSa ckcjh efLtn esa i<+rk FkkA tc eSa dqjku 'kjhQ lqukrk Fkk rks rjkch dh uekt Hkh i<+krk FkkA rjkch dh uekt esa dqjku 'kjhQ lquk;k tkrk gSA blds vykok esjk v;ks/;k de tkuk gksrk FkkA dHkh tkrk Fkk rks ckcjh efLtn esa uekt i< ysrk FkkA** "I pronounce the holy Quran in Remzan Tarabi. I had pronounced the holy Quran in Tarabi for the first time at Mashakganj, Lucknow. There is a mosque as well in the village, in which I reside. In the mosque of that village also, I have pronounced the holy Quran in Tarabi. I have pronounced the holy Quran at many places, other than the above. In 1945 and 46, I had pronounced the holy Quran in the Babri mosque. This Babri mosque was in Ayodhya. I have pronounced the holy Quran in Bombay for many years. Ayodhya is about 18-19 Km. from my village. I had pronounced the complete holy Quran in Ayodhya. Complete pronouncement took place in both years. I had invited there by Hazi Faiku. The day on which I pronounced the complete holy Quran, a Mutwalli from Shahanwa whose name I do not remember, had given me Rs. 10/- as gift. This gift was given to me on both the occasion despite my refusal. The Mutwalli belonged to Shahanwa. Whenever I went to Ayodhya to pronounce the 323 holy Quran, I used to offer the Namaz of Jumma at the Babri mosque. Whenever I pronounced the holy Quran, I used to read out the Namaz of Tarabi. The holy Quran is read out in Namaz of Tarabi. Apart from this, my visits to Ayodhya were few. Whenever I visited, I used to offer Namaz at the Babri mosque." (E.T.C.)
307. P.W. 6, Mohd. Yunus Siddiqi, son of late Hafiz Ahmad, resident of Mohalla Reedhganj, district Faizabad, was aged about 63 years (in November, 1996). His Examination-in-chief commenced on 28.11.1996 and cross examination followed as under :
(a) 29.11.1996-by Nirmohi Akhara through Sri R.L. Verma, Advocate (p. 4-24)
(b) 02.12.1996-by Dharamdas through Sri Ved Prakash, Advocate (p. 25-29)
(c) 02/03.12.1996- by Sri Umesh Chandra Pandey through Sri Vireshwar Dwivedi, Advocate (p. 29-48)
(d) 03.12.1996- by Sri Paramhans Ramchandra Das through Sri Madan Mohan Pandey, Advocate (48-56)
(e) 03/04.12.1996-Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate (57-65)
(f) 04.12.1996- by Sri Rajendra, son of Sri Gopal Singh Visharad, through Sri P.L. Verma, Advocate (p. 65-70), Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs in Suit-5 (p. 70-84)
308. He was enrolled as pleader on 9th July, 1955 at Lucknow and joined as trainee, the chamber of Sri Shyam Lal Mishra, Advocate, (working on Criminal side), Sri Kohli (a Tax Consultant) and Sri Ram Gupta (practicing in Sales Tax). He 324 left Lucknow and came to Faizabad in 1956 and started practicing Law on criminal side. Presently he is practising mainly in sales tax matters. He did High School in 1948, Intermediate in 1950 from Government Inter college, Faizabad, Graduation from Lucknow University in 1952 and M.A. and LL.B from Aligarh Muslim University in 1954. He was counsel of the plaintiffs though presently he is not looking after this matter. He left pairavi of the case since 1965. He also verified that the disputed building was known as Babri mosque where he had gone and offered Namaz. For the first time, he offered Namaz in the night of Shabbe-Raat. His deposition about the location, inside and adjacent of the disputed building is as under:
^^bekjr eqrnkfo;k ckcjh efLtn ds uke ls tkuh tkrh FkhA vkSj eSa blesa x;k gqvk gwWaA ogkWa eSaus uekt Hkh i<+h FkhA eSa tc 12&13 lky dh mez dk Fkk rks igyh erZck vius HkkbZ lkgc ds lkFk 'kCcsjkr dh jkr dks bl efLtn esa x;k FkkA mlds ckn gj lky 'kCcsjkr dh jkr dks eSa bl efLtn esa tk;k djrk FkkA eSa ogkWa fnu esa Hkh x;k gqvk gwWaA eSaus ogkWa ij fnu esa flQZ ,d uekt i<+h gS ckdh 'kCcsjkr ds ekSds ij uQysa i<+h gSaA eSaus fnu dh uekt bl efLtn esa flQZ ml oDr i<+h Fkh tc ogkWa cqr j[kk x;k rks mlls igys tqEes ds jkst tks uekt tekrh rkSj ij gqbZ FkhA cqr j[kus ds ckn eSa bl txg ij ,d rks losZ ds oDr x;k Fkk vkSj ,d ckj 1991 esa jkr ds oDr tc rksM+ QksM+ gqbZ rks eq>s dfe'uj lkgc us Hkstk FkkA ;g rksM+QksM+ fnu esa gqbZ FkhA dfe'uj lkgc us eq>s jkr dks Hkstk FkkA tc 'kCcsjkr dh jkr dks ogkWa uekt i<+us tkrs Fks rks Qkfr;k Hkh i<+rs FksA Qkfr;k i<+us dk gh vlyh edln ml uekt ij gksrk gSA Qkfr;k ckcjh efLtn ds xats 'kghnk ij vkSj vxy cxy dh dfczLrku ij] [oktk gV~Vh ds etkj ij] 'kkg bczkfge lkgc ds etkj ij] ukSxth dcz ij] 'kh'k iSxEcj dh dcz ij tgkWa mudh njxkg gS ij Qkfr;k i<+rk FkkA bu txgksa ij eSa fiNys ikap lkr lky esa viuh futh etcwfj;ksa dh otg ls ugha tk ldrk ojuk 1949 ds ckn flok; ckcjh 325 efLtn ds bu lc txgksa ij eSa Qkfr;k i<+us tkrk jgk gwWaA 1949 esa tc ewfrZ;k efLtn esa j[kh x;h rks mlls igys geus bl txg ij dHkh dksbZ ewfrZ ugha ns[khA 1949 rd eSaus efLtn ;k blds vgkrs esa dHkh fgUnqvksa dks dksbZ iwtk n'kZu djrs ugha ns[kkA 22 fnlEcj 1949 rd bl efLtn esa uekt i<+us ij dHkh dksbZ fdlh rjg dh :dkoV ugha vk;hA** "The disputed building was known as Babri mosque and I have been there. I have even offered Namaz there. When I was about 12-13 years old, I had gone to this mosque for the first time along with my brother in the night of Shabbe-Raat. I have been there during day time as well. I have offered Namaz only once at that place during day time and on remaining occasions I had read 'Nafle' on Shabbe-Raat. I had offered Namaz during day time in this mosque only at time of the collective Namaz of Jumma prior to installation of idol at that place. After installation of the idols, I had once been to that place at time of survey and once in 1991, the Commissioner had sent me in the night when the demolition took place. This demolition had taken place during day time and the Commissioner had sent me in the night. Whenever I went in the night of Shabbe-Raat to offer Namaz, I used to read 'Fatiya' (prayers for the dead). Reading of Fatiya is the main purpose of that Namaz. I used to read the Fatiya at the 'Ganje Shahinda' of Babri mosque, adjoining graveyard, tomb of Khwaja Hatti, tomb of Shah Ibrahim, grave of Naugji, grave of Shish Prophet. I have not been able to visit these places for last 5-7 years due to my personal problems otherwise after 1949 I had been visiting these places except for Babri mosque, to read Fatiya.
Prior to the placement of idols in the mosque in 326 1949, I had not seen any idol at that place.
Till 1949 I had not seen any Hindu perform worship in the mosque or within its premises. There was no obstruction for offering Namaz in this mosque upto 22nd December, 1949." (E.T.C.)
309. P.W. 7 Hasmat-ulla-Ansari, son of Sri Niyamat Ulla, resident of Mohalla Kajiyana, Ayodhya, district Faizabad was aged about 65 years (in December, 1996). His Examination-in- chief commenced on 05.12.1996 and cross examination followed as under :
(a) 05/06.12.1996- by Nirmohi Akhara through Sri R.L. Verma, Advocate (p. 2-36)
(b) 09.12.1996- by Dharamdas through Sri Ved Prakash, Advocate (p. 37-51)
(c) 09/10.12.1996- by Sri Umesh Chandra Pandey through Sri Vireshwar Dwivedi, Advocate (p. 51-68)
(d) 10.12.1996- by Sri Paramhans Ramchandra Das through Sri Madan Mohan Pandey, Advocate (p. 68-76)
(e) 14.01.1997- by Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs in Suit-5 (p. 77-
81), Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate (p. 82-90)
(f) 15.01.1997-by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri Hari Shankar Jain, Advocate (p. 91-94)
310. By profession a typist, he was born in 1932 and educated upto High School. However, his High School certificate mentions his date of birth as 8.1.1934, but he claims it to be wrong and says that his correct year of birth is 1932. He was admitted in class VIII by his brother-in-law (bahnoi) who got 327 his date of birth recorded in the school. Prior thereto he passed middle school at Katra which is near Suthati, Ayodhya. There he studied for about 1½ years. He verified the identity of the disputed building as "Babri mosque" and said that he had offered Namaz thereat hundreds of times commencing from 1943 and had gone thereat till 1949. He also claimed that it was never a temple and no Hindu offered worship thereat till 22.12.1949. The relevant extract of his statement in chief is as under:
^^eq>s ekywe gS fd ;g eqdnek ckcjh efLtn ds ckcr py jgk gSA ogka ij eSaus uekt i<+h gSA lSdM+ks ckj i<+h gSA lcls igys eSaus ogkWa ij uekt 1943 esa i<+h FkhA tc cq r j[kk x;k mlds ,d gQ~ r k igy s rd eS a ogkW a eq r okfrj uekt i<+r k FkkA ;g cqr 22&23 fnlEcj 1949 dh nfjE;kuh jkr dks j[kk x;k FkkA ;g efLtn esa j[kk x;k FkkA mlds nk s fnu igy s eS au s uekt i<+h Fkh ysfdu mlds ckn uekt dHkh ugha i<+hA 22 fnlEcj 1949 rd ml efLtn esa uekt i<+h x;h gS A ekSyoh vCnqy xQ~Qkj lkgc bl efLtn ds beke FksA efLtn esa tqEes dh uekt Hkh gksrh Fkh vkSj ikapksa oDr dh uekt Hkh gksrh FkhA jetku esa rkjkch dh uekt Hkh ogka gqvk djrh FkhA 1949 esa rjkch dh uekt flQZ ckcjh efLtn esa gksrh FkhA tqEes dh uekt ;k rks ckcjh efLtn esa gksrh Fkh ;k dsoM+k dh efLtn esa gksrh FkhA tgwj ds yM+ds Qk:[k] eks0 gkf'ke] gkth egcwc mlds cM+s HkkbZ gkth vCnqy vgn mu yksxksa esa ls gSa tks esjs lkFk ogka uekt i<+k djrs Fks vkSj vHkh rd ftUnk gaSA 22 fnlEcj 1949 rd eS au s bl efLtn es a u dHkh dk sb Z ewf rZ ns[ kh u fdlh dk s iwt k ikB djrs ns[ kkA geus dHkh ogkWa fgUnqvksa dks n'kZuksa ds fy, vkrs Hkh ugha ns[kkA 22 fnlEcj 1949 rd bl efLtn dk bartke ;k rks gkth QsaDdw djrs Fks ;k tgwj vgen djrs FksA** "I know that this case is pending regarding Babri mosque. I have offered Namaz there on hundreds of 328 occasions. I had offered Namaz there for the first time in 1943. I used to offer Namaz continuously there upto one week before the installation of the idols. These idols had been placed in the intervening night of 22-23 December, 1949. They had been placed in the mosque. I had offered Namaz just two days before that, but never thereafter. Namaz had been offered in that mosque till 22nd December, 1949.
Maulvi Abdul Gaffar was the Imam of this mosque. The Jumma Namaz was also offered in this mosque, besides the five times Namaz. In 1949, only the Tarabi Namaz was offered in the Babri mosque. The Jumma Namaz was offered either in Babri mosque or in Kewra mosque. Zahoor's son Farookh, Mohd. Hashim, Hazi Mahboob, his elder brother Hazi Abdul Ahad were amongst such person who used to offer Namaz at that place along with me and are still alive. Till 22nd December, 1949 I had neither seen any idol in that mosque nor had seen anybody perform worship. I had never seen Hindus visiting that place for worship. Till 22nd December, 1949, the management of this mosque was under Hazi Faiku or Zahoor Ahmad." (E.T.C.)
311. P.W. 8 Abdul Ajij, son of Hasan Mohammad, aged about 70 years (in January 1997), resident of Shahjahanpur, Faizabad.
His Examination-in-chief commenced on 20.01.1997 and cross examination followed as under :
(a) 21/22.01.1997- by Nirmohi Akhara through Sri R.L. Verma, Advocate (p. 2-40)
(b) 24/27.01.1997-by Dharamdas through Sri Ved Prakash, Advocate (41-53) 329
(c) 27.01.1997-by Sri Umesh Chandra Pandey through Sri Vireshwar Dwivedi, Advocate (p. 53-64)
(d) 27/28.01.1997-by Sri Paramhans Ramchandra Das through Sri Madan Mohan Pandey, Advocate (p. 64-72)
(e) 28.01.1997-Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate (p. 72-77), by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p. 77-78), by Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs in Suit-5 (p. 78-82)
312. He was born around 1926 and started offering Namaz at the age of 8 years. He studied upto Class IV which was completed in 1942 when he was also issued certificate. Engaged in the business of making shoes, he married firstly in 1947 and his second marriage solemnized in 1951, had six children including two married sons. His eldest son is aged 43 years, whose eldest son (grandson of PW 8) is about 15-16 years. His sons have a shoe factory. He also deposed about the identity of disputed building as a mosque and said that he had offered prayer therein till the idols were kept therein in 1949. His statement regarding the said facts is as under:
^^eS ckcjh efLtn dks tkurk gwWaA eSaus ogkWa ij uekt i<+h gSA tc eSaus igyh nQk ogkWa ij uekt i<+h rks esjh mez rdjhcu 10 lky jgh gksxhA eaSus lSdM+ks ckj ogkWa uekt i<+h gksxhA eSaus tqEes dh uekt Hkh ogkWa i<+h gSA blds vykok tksgj dh vkSj vlj dh uektsa ogkWa i<+h gS 'kCcs ckjkr esa Hkh ogka ij uektsa i<+h gSaA ogkWa ij ewfrZ j[kus ds ckn gekjk uekt i<+uk can gks x;kA ewfrZ 1949 esa j[kh x;h FkhA** "I know Babri mosque. I have offered Namaz there. When I first offered Namaz there, I was aged about 10 years. I must have offered Namaz at that place on hundreds of occasions. I have offered Jumma's Namaz at that place, 330 besides the Namaz of Zohar and Asar. I have offered Namaz at that place in Shabbe-Raat as well. My offering of Namaz was stopped after installation of idols at that place. The idols had been placed in 1949." (E.T.C.)
313. P.W. 9 Saiyed Ekhalaq, S/o Syed Haji Abdul Sattar, aged about 60 years (in February 1997), a resident of Mohalla Doraha Kuan, Ayodhya, Faizabad. His Examination-in-chief commenced on 18.02.1997 and cross examination followed as under :
(a) 19.02.1997- by Nirmohi Akhara through Sri R.L. Verma, Advocate (p. 21-39)
(b) 20.02.1997- by Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs in Suit-5 (p. 40-
52)
(c) 20/21.02.1997- by Dharamdas through Sri Ved Prakash, Advocate (p. 52-63)
(d) 21/25/26.02.1997- by Sri Umesh Chandra Pandey through Sri Vireshwar Dwivedi, Advocate (p. 63-92)
(e) 26.02.1997- by Sri Paramhans Ramchandra Das through Sri Madan Mohan Pandey, Advocate (p. 92-106)
(f) 27.02.1997- by Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate (p. 107-116)
(g) 27/28.02.1997- by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p. 116-132)
314. By profession he is a Transporter. He is Hafiz of Quran Sharif and succeeded the office of Khan Ka Shah Muzaffar Kudasirarhu. He has also deposed that the disputed building was known as "Babri mosque" and he used to offer Namaz therein 331 prior to 1949 when the idols were placed and thereafter he ceased to offer prayer therein. He also gave some topography, inside and outside of the disputed building, and said as under:
^^>xM+s okyh tk;nkn ftldh ckcr eSa xokgh nsus vk;k gwWa] ckcjh efLtn dgh tkrh FkhA esjk edku blls rdjhcu ,d QykZax ds Qklys ij okdk gSA eSaus bl efLtn esa uekt i<+h gSA eSaus blesa tqEes dh uekt Hkh i<+h gS vkSj iapoDrk dh uekt Hkh i<+h gSA esjs vius edku ds nkyku ¼vkgkrk½ esa ,d efLtn gSA ml efLtn esa 1949 ls igys tqEes dh uekt ugha gksrh FkhA 1949 ls igy s tq E es dh uekt eS a ckcjh efLtn es a i<+r k FkkA dHkh&dHkh eq L rfdy rkS j ls eS au s ik ap oDr dh uekt Hkh ckcjh efLtn esa i<+h gS A gekjs vius vgkrs dh efLtn esa tqEes dh tekrh uekt ugha gksrh Fkh] ysfdu nwljh uekt ogkWa Hkh i<+ ysrk FkkA gekjs ;gka viuh bl efLtn esa tekrh uekt iapoDrh ugha gksrh FkhA ml tekus esa ekSyoh vCnqy x~Q~Qkj lkgc ckcjh efLtn esa beker djrs FksA fe;ka bZLekby ml oDr ogkWa ij eksvfTte FksA og gekjs gh dSEil esa jgrs FksA vkSj yksx Hkh uekt i<+us ds fy, ckcjh efLtn esa tkrs FksA mu yksxksa esa ls tks vc rd ftUnk gSa eksgEen vehj] eYgw] uwj eksgEen vkSj dqN QStkckn ds yksx Hkh] ftuls dHkh dHkh eqykdkr gks tkrh Fkh] vHkh rd gSaA 'kkgtgkWaiqj ds yksx Hkh bl efLtn esa vkrs FksA ;g tqEes dh uekt dh fy, vkrs FksA 22&23 fnlEcj 1949 ds ckn eS au s ogkW a ij uekt ugh a i<+h gS A D;ksafd ogkWa ij cqr j[k fn;k x;k Fkk vkSj efLtn uekt ds fy, can dj nh x;h FkhA ftu yksxksa ds uke eSaus Åij cryk;s gSa vkSj tks buesa ls v;ks/;k ds jgus okys gSa] og bl efLtn esa tqEes dh uekt Hkh i<+rs Fks vkSj iapoDrh uekt Hkh i<+rs Fks dHkh&dHkhA tgka ij beke lkgc [kM+s gksrs Fks og ,d [kkl txg esgjkc Vkbi dh nhokj esa cuh gqbZ FkhA ,d esEcj Fkk] ftl ij beke lkgc [kqrck nsrs FksA efLtn esa otw dk bartke Fkk] eVds j[ks tkrs Fks] ftuesa ikuh Hkjk gksrk FkkA muds vykok c<+us Fks ftuds tfj;s eVdksa ls ikuh fudkyk tkrk FkkA vke uekft;ksa ds fy, efLtn ds van:uh fgLls esa [kkdh iRFkj ij dkys iRFkj dk ckMZj Fkk 332 vkSj vkSj lQsa cuh gqbZ FkhaA efLtn esa is'kkc[kkuk Hkh cuk gqvk FkkA nfD[ku dh rjQ ,d thuk cuk gqvk Fkk] dHkh thus ij ls vkSj dHkh mldh utnhd dh tehu ls vtku nh tkrh FkhA** "The disputed property, about which I have come to give evidence, is called the Babri mosque. My house is situated a furlong from it. I have offered Namaz in this mosque. I have offered Jumma's Namaz as well as five time Namaz in it. There is a mosque within the campus of my house. The Jumma Namaz was not offered in that mosque prior to 1949. Prior to 1949, I used to offer Jumma's Namaz in the Babri mosque. Occasionally, I have offered five times Namaz in Babri mosque on regular basis. The collective Jumma's Namaz was not offered in the mosque within my campus, but other Namaz were offered. The collective Namaz was not offered five times in this mosque of mine. In those days, Maulvi Abdul Gaffar was the Imam of Babri mosque. Miyan Ismile was the Muajjim at that time. He used to reside in my campus and they also used to go the Babri mosque for offering Namaz. Few of them still alive are Mohd. Amir, Mallhu, Noor Mohammad and few persons of Faizabad, and they come across occasionally. The people of Shahjahanpur also visited this mosque for Jumma's Namaz.
I did not offer Namaz at that place after 22-23 December, 1949, because idols had been installed there and the mosque had been closed for Namaz.
The persons named above, who are residents of Ayodhya, used to offer Jumma's Namaz in this mosque and occasionally even the five times Namaz. The place where the Imam used to stand, was a special place like Meharaab in the wall. There was a member, for whom the Imam used 333 to give 'Khutba' (recitation). Arrangement was also made in the mosque for Vazu, pots full of water were kept. Apart from them, there were 'Badhne' for taking out water from the pots. There was border of black stone on brown stones in the inner portion of the mosque, for common Namazists and 'Sarf' had been marked. Urinal had also been provided in the mosque. There was a staircase to the south. Sometimes, the Ajaan was called out from the staircase and sometimes from its adjoining land." (E.T.C.)
315. P.W. 14 Jalil Ahmad son of Sri Mohd. Yakoob, aged about 78 years (in February 1999) was a resident of Kheerwali Gali in Faizabad, and engaged in the business of cloth and shoes. His Examination-in-chief commenced on 16.02.1999 and cross examination followed as under :
(a) 16/17/18.02.1999-by Nirmohi Akhara through Sri R.L. Verma, Advocate(p. 2-38)
(b)18/19.02.1999- by Dharamdas, defendant no. 13, through Sri Ved Prakash, Advocate (p. 38-44 )
(c)19/20.02.1999-by Sri Umesh Chandra Pandey, defendant no. 22 through Sri Vireshwar Dwivedi, Advocate (p. 44-64)
(d)17.03.1999- Sri Paramhans Ramchandra Das, defendant no. 2, through Sri Madan Mohan Pandey, Advocate, (p. 65-79)
(e)17.03.1999-by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p. 79-
85)
(f)18.03.1999- Hindu Mahasabha and Sri Ramesh Chandra Tripathi through Sri Hari Shankar Jain, Advocate (p. 85-87 ) 334
(f)18.03.1999-by Sri Deoki Nandan Agarwal, plaintiff himself and next friend to other plaintiffs (Suit-5) (p. 87-
89)
316. He also deposed about the identity of the disputed building as "Babri mosque" and that he offered Namaz therein for a long time; and said as under:
^^eS v;ks/;k esa ckcjh efLtn dks tkurk gwWa eSa ogka x;k gwWa vkSj eSus mlesa uekt Hkh i<+h gSA eS au s vkf[kjh ckj bl efLtn es a uekt bles a cq r j[kus ds igys tq E ek ij i<+h FkhA eSaus ml efLtn esa bZ'kk o tqek nksuksa dh uektsa i<+h gSaA eSaus QStkckn esa fu;koka eksgYyk esa fLFkr ftUukrh efLtn dh ns[k js[k Hkh djrk gwWaA eSa ;g ns[k js[k bl efLtn dh 35&36 o"kZ ls dj jgk gwaA ftUukrh efLtn esa ikapksa oDr dh uekt gksrh gSA rjkoh dh uekt Hkh gksrh gSA bZn vkSj cdjhn dh Hkh uekt gksrh gSA eSa gkfQt vCnqy jgeku dks tkurk gwWaA tks bczkfgeiqj xkao rglhy lnj ftyk QStkckn dh fuoklh gSA gkfQj vCnqy jgeku lkgc us bl ftUukrh efLtn esa rjkoh dh uekt djhc 30 o"kZ igys i<+k;h Fkh mudks bl uekt dks i<kus ds fy;s eSus cqyk;k FkkA** "I know Babri mosque in Ayodhya. I have been there and have even offered Namaz. My last Namaz in this mosque was the Jumma preceding the installation of idol therein. I have offered both Isha and Jumma Namaz in this mosque. I take care of the Jinnati mosque situated in Niyawan locality of Faizabad. I have been taking this care for the last 35-36 years. Five times Namaz is offered in the Jinnati mosque. Tarabi's Namaz is also offered. The Namaz of Id and Bakra-id are also offered. I know Hafiz Abdul Rehman, who is resident of Village-Ibrahimpur, Tahsil- Sadar, District-Faizabad. Hafiz Abdul Rehman had pronounced the Tarabi Namaz in this Jinnati mosque, some 30 years ago. I had called him to pronounce this Namaz."335
(E.T.C.)
317. P.W. 21 Dr. M.Hashim Qidwai, a retired teacher, son of Late Abdul Majid Qidwai, aged about 80 years (in November 2001), a resident of HIG-1, ADA Flats, Sir Syed Nagar, Aligarh.
His Examination-in-chief commenced on 22.11.2001 and cross examination followed as under :
(a) 22/23/24-11-2001, 12-12-2001- by Nirmohi Akhara through Sri R.L. Verma, Advocate(p. 4-44)
(b) 12/13-12-2001-by Dharamdas, defendant no. 13, through Sri Ved Prakash, Advocate (p. 44-55 )
(c) 13/14-12-2001, 07-01-2002-by Sri Umesh Chandra Pandey, defendant no. 22 through Sri Vireshwar Dwivedi, Advocate (p. 55-78)
(d) 07-01-2002- by Sri Paramhans Ramchandra Das, defendant no. 2. through Sri Madan Mohan Advocate (p. 78-85)
(e) 07/09-01-2002-by Sri Rajendra Singh, son of Sri Gopal Singh Visharad, plaintiff (Suit-1) through Sri P.L. Mishra, Advocated (p. 85-97)
(f) 09-01-2002- Hindu Mahasabha, defendnat no. 10 and Sri Ramesh Chandra Tripathi, defendant no. 17, through Sri Hari Shankar Jain, Advocate, and plaintiffs (Suit-5) through Sri A.K.Pandey, Advocate adopted the cross examination already done by other defendants (p. 98)
318. His father was Deputy Collector in U.P. Government Service. His schooling commenced in Basti whereafter his father was posted at Saharanpur wherefrom the witness started his political life. He did High School from Sitapur and Intermediate from Christian College, Lucknow, and B.A. (Honours) and M.A. from Lucknow University. His father was 336 transferred to Faizabad in July 1939 when he was a student.
Thereafter was transferred to Lucknow in 1941 as Additional City Magistrate. His father resided at Faizabad from July 1939 to October 1941 in Cantonment Area. During this period, during holidays, the witness used to visit Faizabad and offered Namaz at the disputed site He deposed as under :
^^igyh erZck eS fnlEcj 39 esa QStkckn x;kA fnlEcj lu~ 39 esa eSa vius ifjokj ds lnL;ksa ds lkFk ckcjh efLtn ns[kus x;k vkSj ogha ij exfjc dh uekt i<+h mlds ckn eSa cjkcj ebZ lu~ 41 rd gj NqV~Vh esa QStkckn tkrk jgkA bl nkS j ku eS au s 15&20 ckj exjhc dh uekt+ vkS j pkj&ik ap ckj vflj dh uekt vkS j nk s rhu t+q e s dh uekt ckcjh efLtn es a i<+h A tc tc eSaus exfjc dh uekt ckcjh efLtn esa i<+h rc rc rdjhcu 100 vkneh gksrs Fks vflj dh uekt esa 40 o 50 ds chp yksx uekt i<+rs FksA t+qes dh uekt djhc 250&300 yksx i<+rs FksA tc tc eSaus uekt i<+h tekr ls i<+h vkSj esjs uekt i<+us ds le; ges'kk ,d gh beke tgka rd ;kn iM+rk gS feyrs FksA ekSykuk vCnqy ekftn nfj;kcknh esjs ppk vkSj llqj Hkh Fks muds lkFk Hkh ckcjh efLtn esa esjk tkuk gqvkA mUgksaus djhc 80 fdrkcsa mnwZ tqcku vksj vaxzsth esa fy[kh gS [kk'krkSj ij vaxzsth tqcku esa mudh dqjku 'kjhQ dh rQlhj gSA** "I visited Faizabad for the first time in December, 1939. In December, 1939 I had gone to see the Babri mosque along with my family members and had offered the Magrib Namaz there. Thereafter, in every holiday I regularly visited Faizabad till the year 1941. In this period I offered the Magrib Namaz for 15-20 times, the Asir Namaz for 4-5 times and 2-3 Jumma Namaz, in the Babri mosque. Whenever I offered the Magrib Namaz in the Babri mosque, there were approximately 100 people present. In the Asir Namaz, about 40-50 persons offered Namaz. In the Jumma Namaz, about 250-300 persons 337 offered Namaz. Whenever I offered Namaz, it was collective and so far as I remember, the Imam was the same at time of offering of all the Namaz by me. Maulana Abdul Majid Dariyabadi was my uncle as well as the father-in-law. I also happened to visit Babri mosque along with him. He has written about 80 books in Urdu and English, particularly his explanation of the holy Quran in English." (E.T.C.)
319. PW 21 further said that he was appointed as Lecturer (Political Science) in 1948 while doing research at Lucknow University. From 1948 to 1982 he had been at Aligarh Muslim University and retired from the post of Reader. He became Reader in 1961. He participated in strike in Government School, Saharanpur after the sacrifice of Shaheed Bhagat Singh in 1931 and for that reason he was failed in Class V. His statement about his active political career is as under :
^^eqfLye ;wfuoflZVh esa viuh lsok ds nkSjku iz'kklfud inksa ij gkLVy dk okMZu gky dk izksoksLV vkSj ;wfuoflZVh ds izkDVj ds in ij dke fd;kA mijksDr ds vykok eSa LVkQ ,lksl;s'ku dk v/;{k Hkh jgk vkSj ,DthD;wfVo dkSafly o dksVZ dk ,ysDVsM esEcj Hkh jgkA vyhx<+ eqfLye ;wfuoflZVh dh ykbczsjh ftls ekSykuk vktkn ykbczsjh dgk tkrk gS ds ykbczsfj;u izks0 uq:y glu ls Hkh okfdQ gwWaA eSa mUgsa lkr vkB o"kZ ls tkurk gwWaA eSaus mudks fy[krs i<+rs ns[kk gS vkSj muds nLr[kr Hkh igpkurk gwWaA xokg dks izkFkZuk i= la031@2001 fnukad 19&11&2001 ds lkFk nkf[ky dkxtkr la01]3]5]7]8]9 dks ns[kdj dgk okn la04@89 ns[kdj dgk fd bu ij izksQslj uq:y glu ds nLr[kr gSa ftUgsa eSa igpkurk gwWaA esjh fl;klh ftUnxh dk vkxkt lu~ 30 ls 'kq: gqvk FkkA tc ued vkUnksyu py jgk FkkA ckotwn blds esjs okfyn ljdkjh lsok esa fMIVh dysDVj Fks eSaus dkaxzsl dk >aMk Qgjk;kA lu~ 1931 esa 'kghn Hkxr flag dks Qkalh ij yVdk;s tkus ds ckn gekjs lgkjuiqj ds xoZuesaV Ldwy esa gM+rky gqbZ Fkh ftlesa eSaus f'kjdr dh Fkh 338 mlh dh otg ls ikWpoh Dykl esa Qsy dj fn;k x;k FkkA blds ckn lu~ 1936 esa fdzf'p;u dkyst y[kuÅ esa tc vky bf.M;k LVwMsUV QsMjs'ku dk igyk tylk gqvk rks mlesa eSaus cgSfl;r MsyhxsV f'kjdr dh Fkh blds ckn y[kuÅ LVwMsUV QsMjs'ku dk tujy lsdzsVjh jgk blds ckn vky bf.M;k LVwMsUV dk Hkh esEcj jgk tc eSa bUVjehfM;V dk LVwMsUV Fkk rc eSaus dkaxzsl ikVhZ dh lnL;rk xzg.k dh FkhA 1951 esa y[kuÅ esa ckcjh efLtn esa ewfrZ j[ks tkus ds f[kykQ ,d vky bf.M;k dkUQzsal y[kuÅ esa gqbZ Fkh vkSj mlesa fgLlk fy;k Fkk vkSj bl dkUQszUl dk uke dkSeh ,drk dkUQzsUl Fkk ml dkUQzsUl esa tks izeq[k yksx fgLlk fy;s Fks vkpk;Z tqxqy fd'kksj rRdkyhu ;w0ih0dkaxzsl ikVhZ ds v/;{k fQjkst xka/kh] felsl mek usg:] xksfoUn lgk;] jke dqekj 'kkL=h] ia0 Jhd`".k nRr ikyhoky] tks ml oDr ds0,e0ih0ih0 ¼fdlku etnwj iztk ikVhZ½ ds v/;{k Fks Mk0 tsM , vgen dE;wfuLV yhMj xksiky ukjk.k lDlsuk] bl dkaQzsUl es Jh pUnz'ks[kj tks ckn esa Hkkjr ds iz/kkuea=h gq, Hkh Hkkx fy;s izks0 egs'k nRr 'kekZ vkSj izks0 jkevkljs us Hkh bl dkUQzsUl esa Hkkx fy;k FkkA bl dkUQzsUl esa ;g izLrko ikfjr gqvk fd ckcjh efLtn esa tks ewfrZ;k xyr rjhds ls j[kh x;h Fkh mUgsa gVk;k tk; vkSj ;w0ih0 xouZesaV ls QkSjh dk;Zokgh dks dgk x;kA blh dkUQzsUl essa ,d dkSeh ,drk e.My ds uke ls ,d laxBu cuk;k x;k ftlds ,DthD;wfVo dk eSa esEcj FkkA bl vf/kos'ku dks cqykus esa vge Hkwfedk Jh v{k; czg~epkjh us fuHkkbZ Fkh oks ml le; QStkckn ftyk dkaxszl ds lfpo Fks vkSj mUgksaus blh flyflys esa vu'ku Hkh fd;k FkkA eSa lu~ 1984 esa dkaxzsl ikVhZ ds mEehnokj ds :i esa jktlHkk dk lnL; p;fur gqvk Fkk vkSj eSa 6 lky rd-jkT; lHkk dk esEcj jgkA** "During my service in the Muslim University, I worked on the Administrative post of Hostel Warden, Hall Provost and University Proctor. Apart from the above, I was also the President of Staff Association and was elected member of Executive Council and Court. I know Prof. Nurul Hasan, Librarian of the library of Aligarh Muslim University known as Maulana Azad Library. I know him for 7-8 years. I have seen him read and write and I recognize 339 his signature as well. On seeing paper nos. 1,3,5,7,8,9 filed along with application no. 31/2001 dated 19.11.2001 in Suit no. 4/89, the witness said they bore the signature of Prof. Nurul Hasan, which I recognize. My political career started in the year 1930, when the Salt Movement was in progress. Despite the fact that my father was Deputy Collector in Government service, I hoisted the Congress flag. After the execution of martyr Bhagat Singh in 1931, there was a strike in my Government School at Saharanpur in which I had participated, due to which I was failed in Class-V. In the year 1936, when the first function of All India Student Federation took place in Christian College, Lucknow I had participated in it as a delegate. Thereafter, I became General Secretary of Lucknow Student Federation and then a member of All India Student. When I was a student of Intermediate, I took the membership of Congress party. In 1951, an All India Conference was held at Lucknow in opposition of installation of idols in the Babri mosque and the said conference was named 'Quami Ekta Conference'. The main persons who participated in that conference were- Acharya Jugul Kishore, erstwhile President of U.P. Congress party Sri Firoz Gandhi, Mrs. Uma Nehru, Govind Sahai, Ramkumar Shastri, Pt. Srikrishna Dutta Paliwal, erstwhile President of K.M.P.P. (Kisan Majdoor Praja Party), Dr. Z.A. Ahmad, Communist leader, Gopal Narayan Saxena. Sri Chandra Shekhar, who subsequently became Prime Minister of India, also participated in this conference. Prof. Mahesh Dutta Sharma and Prof. Ram Asrey also took part in this conference. In this conference it was resolved that the idols 340 placed wrongly in the Babri mosque, be removed and the U.P. Government was asked to take immediate action. In this very conference, an organization named 'Quami Ekta Mandal' was also announced and I was made a member of its executive. An important role was played by Sri Akshay Brahmchari in convening this conference, who was the Secretary of Faizabad District Congress at that time, and he had even gone on fast in this behalf. In the year 1984, I was elected member of Rajya Sabha as a candidate of Congress party and I remained a Rajya Sabha member for six years." (E.T.C.)
320. He (PW-14) further said that there was a grave of Qazi Kidwa near Babri mosque, ancestor of Qidwais. Photographs no. 154/4 and 154/16 submitted by the Commissioner alongwith his report in Suit -1, are of Babari mosque wherein he offered Namaz in 1939-40.
321. P.W. 22, Mohd. Khalid Nadvi, 48 years of age (in January' 2002) by profession is a Teacher and resident of Nadava College, Lucknow. His Examination-in-chief commenced on 9/10.01.2002 and cross examination held as under :
(a) 09/10-01-2002-by Nirmohi Akhara through Sri R.L. Verma, Advocate(p. 3-13)
(b) 11-01-2002-by Dharamdas, defendant no. 13, through Sri Ved Prakash, Advocate (p. 14-19)
(c) 11-01-2002- by Sri Paramhans Ramchandra Das, defendant no. 2. through Sri Madan Mohan Advocate (p. 20-28)
(d) 11/14/15-01-2002- by Sri Umesh Chandra Pandey, defendant no. 22 through Sri Vireshwar Dwivedi, 341 Advocate (p. 29-47)
(e) 15-01-2002- Sri Rajendra Singh, son of Sri Gopal Singh Visharad, plaintiff (Suit-1) through Sri P.L. Mishra, Advocate, plaintiffs (Suit-5) through Sri Vireshwar Dwivedi, Advocate, and Hindu Mahasabha, defendant no.
10 and Sri Ramesh Chandra Tripathi, defendant no. 17 through Sri Hari Shanker Jain, Advocate, adopted cross examination already done by other defendants (p. 48)
322. His statement is mainly in relation to characteristics of mosque in Islam and shall be dealt with in detail in the category of "Characteristics of Mosque" later on, but he has also said about the construction of mosque by Babar and offering of prayer (Namaz) therein. In this regard, his deposition is :
"bl eqdnesa ls lac af /kr efLtn dk s lu~ 1528 bZ 0 es a ckcj ds xoZ u j ehj ckdh vlQgkuh us rkehj djk;h Fkh tk s v;k s/ ;k es a Fk sA gtjr fcyky eksgEen lkgc ds lgkch Fks vkSj eksgEen lkgc us ikWap oDr dh vtku nsus ds fy, mudks equrf[kc fd;k FkkA gtjrs fcyky Hkh efLtn esa dHkh vUnj vkSj dHkh ckgjh eqdke ls vtku fn;k djrs FksA muds }kjk Nr ij p<+dj vtku nsus dk dksbZ rtfdjk ugh feyrk gSA"
"The mosque concerned with this case was built in 1528 AD by Mir Baqi Asafhani, the Governor of Babar, who was in Ayodhya. Hazrat Bilal was the 'Sahabi' of Prophet Mohammad who had appointed him for calling out the Ajaan for all five Namaz. Hazrat Bilal also used to call out the Ajaan from outside and inside of the mosque. No reference is found about his calling out the Ajaan from roof top." (E.T.C.)
323. Rest of statement-in-chief pertains to the characteristics of mosque and Islam and shall be dealt with later.
324. PW 23, Mohd. Qasim Ansari, aged about 74 years (as per 342 his affidavit dated 16.01.2002), son of late Sri Karim Bux Ansari is resident of Mohalla Kutiya, Ayodhya, District Faizapur. His Examination-in-chief commenced on 16.01.2002 and cross examination followed as under :
(a) 16-01-2002- by Umesh Chandra Pandey, defendant no. 22 through Sri Vireshwar Dwivedi, Advocate (p. 3- 18)
(b) 17-01-2002- by Dharamdas, defendant no. 13, through Sri Ved Prakash, Advocate (p. 19-32 )
(c) 17/18-01-2002- by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p. 32-40)
(d)18-01-2002- by Sri Paramhans Ramchandra Das, defendant no. 2. through Sri Madan Mohan Advocate (p.
40-43)
(e) 18-01-2002, 04.02.2002- by Nirmohi Akhara through Sri R.L. Verma, Advocate (p. 43-70)
(f) 06-02-2002- Hindu Mahasabha, defendnat no. 10 and Sri Raesh Chandra Tripathi, defendant no. 17, through Sri Hari Shankar Jain, Advocate (p. 71-81)
(g) 06-02-2002 - Plaintiffs (Suit-5) through Sri Vireshwar Dwivedi, Advocate, (adopted cross examination by the defendants) (p. 81)
325. By profession he is a motor mechanic and claims to have offered Namaz in the disputed building for about 8-9 years before its attachment in 1949. He has denied existence of any idol when he offered Namaz and also denied worship by Hindus in the said building. His statement runs as under:
^^ftl tk;nkn ls lacaf/kr ;g eqdnek py jgk gS mldks eSa tkurk gwa bldk uke ckcjh efLtn gSA ckcjh efLtn esjs ?kj ls 3 QykaZx ij gSA eSaus ml efLtn esa ipklksa ckj uekt i<+h gSA eSaus ogka Qftj] tksgj] vflj] ex+fjc] bZ'kk vkSj rjkoh dh uekt i<+h FkhA fQj 343 dgk fd tqek dh Hkh uekt i<+h FkhA vk[kjh erZ c k ogk a eS au s lu~ 1949] 22 fnlEcj dk s uekt i<+h FkhA 22 fnlEcj lu~ 49 dk s bZ ' kk dh uekt i<+d j tc eS a ?kj okil vk;k rk s ogk a dkQh gYyk gk s jgk Fkk vkS j ,sl k yx jgk Fkk fd cyok gk s tk;sx kA tc eSa lqcg mBk rks esjs HkkbZ lkgc us crk;k fd ogka efLtn esa ewfrZ j[k nh x;h gS vkSj iqfyl dk igjk yx x;k gS vkSj vc 'kk;n ogka uekt u gks ik;sA ml okD;k ds 4 lky ckn eqlyekuksa us ,d uksfVl 'kklu dks fn;k fd og yksx ogka vFkkZr ckcjh efLtn esa vyfonk dh uekt+ i<+sxsA ge yksx uekt i<+us vyfonk dh tc tk jgs Fks rks iqfyl us jksdk o idM+ fy;kA vkSj eftLV~sV ds lkeus ys x;sA ml dk;Zokgh esa eftLV~sV lkgc us 6 ekg dSn dh ltk lqukbZ vkSj 500 :i;s tqekZuk dh ltk lqukbZa tc eSa tqekZuk ugha ns ik;k rks gekjk ?kj vkSj nqdku nksuks gh dqdZ+ dj fy;kA eftLV~sV lkgc dh ltk lqukus ds ckn eSa djhc 1 ekg 23 fnu cLrh tsy esa jgkA mlds ckn fQj uekt i<+us dh geus ogka dksf'k'k ugha dhA D;ksafd efLtn Hkh dqdZ gks x;h FkhA efLtn lu~ 1949 esa gh bl okD;k ds ckn ls dqdZ gks x;h FkhA eSaus ml efLtn esa yxHkx 8&9 lky rd uekt i<+k FkkA eSa tc uekt i<+us tkrk Fkk rks gekjs lkFk v;ks/;k ds vkSj yksx Hkh uekt i<+rs Fks ftlesa gchmYyk] Qk:d] g'ker mYyk] gkth egcwc] gkfQt v[kykd vgen] pwUuw] cjdr mYyk oxSjg oxSjg Fks] ftudk uke bl le; ;kn gSA ckcjh efLtn esa v;ks/;k ls ckgj ds yksx Hkh uekt i<+us vk;k djrs Fks [kkl dj tqek dh uekt esa cgqr ls ckgj ds yksx vkrs Fks pwafd og tkek efLtn Hkh FkhA v;ks/;k esa ckcjh efLtn ds vykok dsoMs dh efLtn esa Hkh tqek dh uekt gksrh FkhA eSaus tc rd ogka uekt i<+k ml le; rd ogka ij dksbZ ewfrZ ugha j[kh x;h FkhA ml le; rd ogka fgUnw yksx efLtn esa iwtk djus ugha vkrs FksA ckcjh efLtn dh bekjr vc ugha gSA QStkckn ds ;quwl fln~nhdh lkgc dks eSa tkurk gwaA mudks Hkh eSaus dbZ ckj ckcjh efLtn esa uekt i<+rs ns[kk FkkA** ¼ist 1&2½ "I know the property about which this case is pending, its name is Babri mosque. Babri mosque is at a distance of 3 furlongs from my residence. I have offered 344 Namaz at the said mosque number of times. I have offered Fazir, Jauhar, Asir, Magrib, Isha and Tarawih Namaz over there. Then stated that I had also offered the Jumma Namaz. I last offered Namaz over there on 22 December, 1949. When I returned home on 22 December, 1949, after offering Isha Namaz, there was much noise over there and it appeared as if a riot would break out. When I got up in the morning, my brother told me that idols had been installed in the mosque and police had been deputed and now Namaz may possibly not be offered over there. Four years after that episode, the Muslims gave a notice to the Government that they would offer Alvida Namaz over there i.e. at Babri mosque. When we were going to offer Alvida Namaz, the police stopped and apprehended us and produced us before the Magistrate. The Magistrate pronounced a sentence of six months and fine of Rupees five hundred in that proceeding. When I failed to deposit the fine, my house and shop were both attached. After awarding of sentence by the Magistrate, I remained confined at Basti prison for about 1 month 23 days. Thereafter, we made no attempts to offer Namaz over there because the mosque had also been attached. The mosque had been attached in the year 1949, after this incident. I had offered Namaz in that mosque for about 8-9 years. Whenever I went to offer Namaz, other persons of Ayodhya also accompanied me and offered Namaz, who included Habibullah, Farooq, Hashmat Ullah, Haji Mahbub, Hafiz Akhalaq Ahmad, Chunnu, Barkat Ullah and others, whose names I do not remember as of now. Many persons from outside Ayodhya, used to come to offer Namaz at Babri 345 mosque, especially during the Jumma Namaz because it was Jama mosque as well. Besides Babri mosque, the Jumma Namaz was also offered at Kevra mosque in Ayodhya. As long as I offered Namaz over there, no idol had been installed over there. By that time the Hindus did not come to offer prayer at the mosque. The building of Babri mosque no longer exists. I know Mr. Yunus Siddiqui of Faizabad. On number of occasions I had seen him, as well, offering Namaz at the Babri mosque." (E.T.C.)
326. P.W. 25 Sibte Mohammad Naqvi, aged about 76 years (in March 2002) is a politician, writer and resident of Mohalla Miranpur, Qusba Akbarpur, District Ambedkar Nagar, but at the time of his statement in chief, he gave his current address as Imambara Gufran Mayab, Maulana Kalbe Husain Road, Lucknow. His Examination-in-chief commenced on 5/6.3.2002 and cross examination followed as under :
(a) 06-03-2002- by Nirmohi Akhara through Sri R.L. Verma, Advocate (p. 6-21)
(b)01-04-2002- by Sri Paramhans Ramchandra Das, defendant no. 2. through Sri Madan Mohan Advocate (p. 22-26)
(c) 01-04-2002- by Dharamdas, defendant no. 13, through Sri Ved Prakash, Advocate (p. 27-33 )
(d) 01/02-04-2002- by Umesh Chandra Pandey, defendant no. 22 through Sri Vireshwar Dwivedi, Advocate (p. 33-
49)
(e) 02-04-2002-by Sri Rajendra Singh, son of Sri Gopal Singh Visharad through Sri P.L. Mishra, Advocate (p. 49-
51)
(f) 02.04.2002-Hindu Mahasabha, defendnat no. 10 and 346 Sri Ramesh Chandra Tripathi, defendant no. 17, through Sri Hari Shankar Jain, Advocate adopted the cross examination already done by other defendants (p. 51)
(g) 02.04.2002- Plaintiffs (Suit-5) through Sri Vireshwar Dwivedi advocate adopted the cross examination already done by the defendants (p. 51)
327. About his residence and education etc. he has deposed as under :
^^eSa vdcjiqj esa viuh iSnkb'k ls vc rd jgk gwWaA - - - - - esjh rkyhe 'kq: esa esjs ?kj ij gqbZ vkSj ckn esa y[kuÅ ds enjls esa gqbZA eSaus vkf[kjh lun y[kuÅ ds tkfe;k lqYrkfu;k ls ^^lunqy vQkfty** gkfly dhA blds ckn eSaus y[kuÅ ;wfuoflZVh ls Qkftys rQlhj dh fMxzh gkfly dhA** "I have been residing till now at Akbarpur since my birth. . . . . . My initial education was at my home and thereafter in Madarsa at Lucknow. I obtained my last degree of 'Sandul Afazil' from Jamia Sultania of Lucknow. Thereafter, I obtained the degree of Fazile Tafsil from Lucknow University." (E.T.C.)
328. He has written the following books :
**1- Mk0 jke euksgj yksfg;k ,d >yd] 2- elÅn glu fjt+oh & QnZ vkSj Qudkj 3- vetn vyh 'kkg 4- vQdkj o vkyke 5- js[k+rh 6- gkth tykyqn~nhu gSnj dh [kqnufor lokusg mejh 7- erk;s f+Qdzks utjA** "1. Dr. Ram Manohar Lohia- Ek Jhalak,
2. Masaud Hasan Rizvi-Fard aur Fankar,
3. Amzad Ali Shah,
4. Afquar ve Aalaam, 347
5. Rekhti,
6. Hazi Jalaluddin Haider Ki Khudnavit Savaneh Umari,
7. Matae Fikro Nazar." (E.T.C.)
329. Besides, PW-25 has also written some articles published in news papers and journals and some are unpublished. About his religious faith and political carrier, he said :
"eS f'k;k er dk gwWaA eSaus f'k;k fQDgk ij dqN fdrkcksa dk v/;;u fd;k gSA - - - f'k;k fQDgk dks fQdgs tkfQfj;k Hkh dgk tkrk gSA jktuhfr esa esjk rkYyqd jktuhfrd nyksa ls jgk gSA 'kq: esa eSa eghuk nks eghuk dkaxzsl eas fQj lksf'ky"V xzqi us vius vkidks dkaxzsl ikVhZ ls vyx dj fy;k rks eSa lks'kfyLV ikVhZ esa vk;k x;k vkSj rc ls eSa jktujk;.k th ds lkFk yxk jgk] jktukjk;.k th dh e`R;q ds ckn ls eSa eqyk;e flag th dh ikVhZ esa rhu pkj lky igys rd jgkA eSa vdcjiqj uxj fudk; dk iz/kku jgk gwWaA eSa ogka dh vkf[kjh VkÅu ,sfj;k desVh dk ps;jeSu jgk gWwa vkSj igyh uxj ifj"kn dk Hkh ps;jeSu jgk gwWaA eSa ,d bUVj dkyst vkSj ,d gkbZLdwy dk izca/kd gwWaA ;s nksuksa ftyk vEcsndjuxj esa gSaA - - - eSa 1990 esa vYi la[;d foRr ,oa fodkl fuxe m0iz0 dk ps;jeSu jgk gwWaA eSa vky bafM;k f'k;k dkUQzsl dh lsUVªy desVh dk cgqr fnuksa rd esEcj jgk gwWaA** "I am of Shia faith. I have read certain books on Shia Fiquah...... Shia Fiquah is also called Fiquahe Zafiria.
In politics I had contacts with political parties. Initially in Congress for a month or two. Then the Socialist group separated itself from the Congress party then I joined the Socialist party and since then I remained with Sri Raj Narayan. After the death of Sri Raj Narayan I was in the party of Sri Mulayam Singh till three to four years back. I was the Chairman of Akbarpur Municipal body. I 348 was the Chairman of its last town area committee and the Chairman of its first Municipal board. I am the manager of one Intermediate college and one High school. Both of them are in District Ambedkar Nagar............ In 1990 I was the Chairman of Minorities Finance and Development Corporation U.P. I was member of central committee of All India Shia Conference for many days." (E.T.C.)
330. About the disputed site, its being a mosque and offering of Namaz therein, PW-25 stated as under :
^^eSaus fookfnr <kaps] ftlds laca/k esa ;g eqdnes py jgs gSa dks nwj ls ns[kk gSA mls ckcjh efLtn dgk tkrk gSA - - - eSa 1948 o mlds ckn v;ks/;k esa vkrk tkrk jgk gwWa vkSj 1948 ls gh eS au s uekft+; k s a dk s uekt+ i<+u s ds fy, ckcjh efLtn tkrs ns[ kk gS A uekt+ i<+r s ugh a ns[ kkA fQj ckn esa mlesa uekt+ i<+uk can gks x;k D;ksafd mlesa ewfrZ j[k nh x;h vkSj og txg fookfnr gksus ds ukrs dqdZ dj yh x;hA - - - - ml oDr ewfrZ j[kus ds f[kykQ eqlyekuksa ds rjQ ls de izfrjks/k ¼izksVsLV½ gqvk ijUrq Lokeh v{k; czgepkjh th vkxs vk;s vkSj mUgksaus izfrjks/k fd;k vkSj mUgksaus ej.k czr Hkh j[kk vkSj mUgksaus vkej.k vu'ku fd;kA - - - tc ls eSaus gks'k laHkkyk rc ls mlesa lqUuh beke gh gksrs FksA bLyke esa efLtn dk LokfeRo vYykg esa fufgr gksrk gSA efLtn esa fdlh elyd dk vFkkZr f'k;k vkSj lqUuh eqlyeku uekt i<+ ldrk gSA ckcjh efLtn dks ftls eSaus c[kwch ns[kk gS og eqdeey efLtn FkhA** "I have seen the disputed structure, about which the present cases are pending, from distance. It was called Babri mosque......... I have been visiting Ayodhya in 1948 and afterwards and since 1948 I have seen Namajists going to Babri mosque to offer Namaz. I had not seen them offer Namaz. Subsequently offering of Namaz therein 349 was stopped because idol had been installed and the place had been attached on account of being disputed. ............... At that time there was little protest from the Muslims against installation of the idol but Swami Akshay Brahmchari came forward and opposed and even went on fast unto death. ........... Since my memory, there were only Sunni Imams in it.
In Islam, the ownership of mosque vests in Allah. The Muslim of any sect i.e. Shia or Sunni, can offer namaz in mosque. I have very well seen Babri mosque. It was a complete mosque." (E.T.C.) ^^f'k;k fQjds esa ekSykuk dYcs lkfnd] ekSykuk dYcs tOokn vkSj ekSykuk gehnqy glu lQs vOOy yhMj gSaA f'k;k fQjds dh cgqr cM+h vDlfj;r ckcjh efLtn dks efLtn ekurh gSA** "Maulana Kalbe Sadique, Maulana Kalbe Javvad and Maulana Hamidul Hassan Safe are top level leaders of Shia sect. Majority of Shia sect believes Babri mosque to be a mosque." (E.T.C.) ^^eS au s ,sl k lq u k gS fd lu~ 1948 ds igys Hkh ckcjh efLtn es a uekt gq v k djrh FkhA** "I have heard that Namaz was offered in Babri mosque even before year 1948." (E.T.C.)
331. About the characteristics of mosque also he has made some statement which we shall consider later at the relevant stage.
B. Birthplace of Lord Ram, continuous worship by Hindus, No namaz etc. :
332. D.W. 1/1 Rajendra Singh is the son of Late Gopal Singh Visharad, plaintiff (Suit-1) and after the death of his father on 28.12.1985, his substitution application was allowed on 22.2.1986 and he was substituted as plaintiff (Suit-1). He has 350 filed his statement in chief through an affidavit dated 22.7.2003 followed by his cross-examination as under :
(a) 22.07.2003-by Nirmohi Akhara, defendant no. 11 through Sri R.L. Verma, Advocate (p. 10-20)
(b) 23.07.2003- by Sri Faruq Ahmah, defendant no. 1/1 through Sri Abdul Mannan, Advocate ( p. 21-22)
(c) 23/24/25.07.2003-by defendant no. 10, Sunni Central Waqf Board, through Sri Zafaryab Jilani, Advocate (p. 22-
53)
(d) 25.07.2003- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) through Sri Mushtaq Ahmad Siddiqui, Advocate (p. 55-59)
(e) 25.07.2003- defendant no. 26 (Suit-5) through Sri Sayad Irfan, Advocate and defendants no. 6/1 and 6/2 (Suit-3) through Sri Fazale Alam, Advocate adopted the cross examination already done by Sri Abdul Mannan, Sri Zafaryab Jilani and Sri Mushtaq Ahmad Siddiqui, Advocates (p. 59)
333. He is 65 years of age at the time of swearing of the affidavit and has given his residential address as Tulsi Park, Balrampur, District Balrampur. In para 1 and 2, he has given the details of Suit-1, the reliefs sought therein and the boundary of the disputed site mentioned in the plaint (Suit-1). Para 3 and 4 of the affidavit mention about the death of his father and his own substitution. He has verified signature of Late Gopal Singh Visharad being well acquainted with his hand writing and signature. In para 5 he has adopted averments contained in the plaint and replication and in para-6 he has verified the report of the Advocate Commissioner Sri Shiv Shanker Lal, the map, i.e. paper no. 137C-1-6 and also the location of premises mentioned 351 therein. Para 8, 9 and 10 refers to his and family's religious following and also about his birth, education and service particulars. His family is a Sanatan religion follower. His father used to reside at Swargdwar, Ayodhya and used to worship idols according to the tenets of his religion, which is being followed by him also. He was born on 11.1.1939 at Ayodhya and his childhood passed in Ayodhya itself. He passed High School and Intermediate from Maharaja Higher Secondary School, Ayodhya in 1955 and 1957 respectively and then was appointed in State Bank of India, Faizabad in 1959. He was transferred to the branch situated at Tahsil Akbarpur, District Faizabad where he worked till April 1970 and, thereafter, on promotion went to Faridpur, District Bareilly. In the year 1970, he was transferred to main branch of the Bank at Lucknow where he worked for four years and, thereafter, in 1974 transferred to Balrampur where he worked till 1994 and proceeded on voluntary retirement in January, 1994. Since then he is residing at Balrampur itself. In para 11 to 21 he has stated about Ayodhya as religious place, incarnation of God as Lord Ram, existence of temple at the disputed site, birth of Lord Ram at the disputed site, existence of temple of Lord Ram at the disputed site etc. His deposition in this regard is as under :
^^11- v;ks/;k Hkkjro"kZ dh izkphure rhFkZLFkyh gS] tgkWa Hkxoku Jhjke us euq"; :i esa vorkj fy;k gSA v;ks/;k uxjh dh ifo=rk mlds mRrj esa cgus okyh lj;w unh gS rFkk vusdkusd /kkfeZd LFkkuksa rFkk efUnjksa ds dkj.k fo'ofo[;kr gSA v;ks/;k ds jkedksV eksgYys esa Hkxoku Jhjke dh tUeHkwfe o tUe LFkku gS] ftls fgUnw /kekZoyEch rFkk Hkxoku Jhjke esa vkLFkk j[kus okys dksfV&dksfV euq"; tUeHkwfe o tUe LFkku esa vkLFkkiwoZd J)kour gksdj iwtk o n'kZu djrs gSaA** ^^11. Ayodhya is the oldest pilgrimage of India, where Lord Rama had incarnated in human form. The 352 auspiciousness of Ayodhya lies in Saryu river flowing in its north and many of the religious places and temples are famous in the world. The Janmbhumi(birth area) and Janmsthan (birth place) of Lord Rama are in Ramkot locality of Ayodhya, which are worshipped devotionally by great number of Hindu religion followers and devotees of Lord Rama." (E.T.C.) **12- ;g fd eSa] vius ckY;dky ls gh vius ekrk&firk ds lkFk fujarj v;ks/;k fLFkr eafnjksa esa n'kZu o iwtk djus tkrk FkkA v;ks/;k esa izeq[k :i ls guqeku x<+h] dud Hkou rFkk tUeHkwfe fLFkr efUnj dk n'kZu o iwtu izk;% fuR;izfr djrk FkkA esjs firk Jh xksiky flag fo'kkjn tUeHkwfe efUnj ds vuU; mikld Fks mudk ;g nSfud dk;Zdze Fkk fd os Luku djus ds i'pkr~ fuR; tUeHkwfe efUnj ij n'kZu o iwtk djus tkrs FksA lk;adky dks Hkh vkjrh o Hkksx ds le; lifjokj vU; efUnjksa ds lkFk&lkFk tUeHkwfe efUnj esa Hkh iwtk o n'kZu djrs Fks o fcuk fdlh jksdVksd ds xHkZx`g rd tkdj iwtk o n'kZu djrs FksA o"kZ 1950 dh edj lad zkfUr ls dq N igys esj s firk LoxhZ ; Jh xk si ky flag fo'kkjn vLoLFk gk s tkus ds dkj.k efUnjk s a esa n'kZ u o iwt k djus ugh a ig aq p ik;sA LoLFk gk su s ij edj lad z k fUr dk s tc os iwt k o n'kZ u djus gsr q tUeHk wf e ij x;s rk s jkT; ljdkj ds deZ p kfj;k s a us mUgs a Hkhrj tgk a Jh jkepUnz vkfn dh ewf rZ fojkteku Fkh a] tkus ls jk sd fn;kA esj s firk th }kjk irk djus ij ;g Kkr gq v k fd ewy iz f roknh la[ ;k&1 ls 5 rFkk muds vU; lg/kfeZ ; k s a ds fujk/kkj rFkk vlR; nq j kxz g ls iz H kkfor gk sd j iz f roknh uEcj 6 us vius deZ p kfj;k s a iz f roknh uEcj 7 ls 9 ds }kjk fgUnw turk dk s muds iwt k o n'kZ u lEcU/kh U;k;iw. kZ mfpr vf/kdkj ls oaf pr dj jD[kk gS A vkSj izfroknh uEcj 6 izfroknh uEcj 1 yxk;r 5 vkfn ds nqjkxzg ds dkj.k ;g ?kks"k.kk djrs gSa fd Hkfo"; esa Hkh fgUnw turk dks blh izdkj muds mi;qZDr vf/kdkjksa ls oafpr j[ksaxsA bl vU;k;iw.kZ dk;Z ls oknh ds LoRod vf/kdkj ftls mUgksaus rFkk djksM+ksa fgUnw turk us mi;ksx fd;k Fkk] mu lHkh /kkfeZd 353 vf/kdkjksa ds iz;ksx esa izfroknhx.k }kjk vuqfpr o voS/k gLr{ksi dh iw.kZ lEHkkouk Fkh] izfroknhx.k }kjk Hkxoku Jh jke pUnz vkfn dh ewfrZ;ksa dks muds LFkku ls gVk nsus dh vk'kadk mRiUu gks xbZ ,slh ifjfLFkfr essa vius /kkfeZd vf/kdkjksa rFkk leLr fgUnw turk ,oa djksM+ksa jke HkDrksa ds /kkfeZd vf/kdkjksa ds laj{k.k gsrq mijksDr okn izLrqr fd;k FkkA orZ e ku oknh ;kuh esj s /kkfeZ d vf/kdkjk s a ;kuh fookfnr lEifr es a fLFkr Hkxoku Jh jke pUnz vkfn dh ewf rZ ; k s a dh iwt k o n'kZ u es a O;o/kku mRiUu gq v k blhfy;s eSaus Jh xksiky flag fo'kkjn ewyoknh dh e`R;q ds ckn mUgha /kkfeZd vf/kdjksa ds laj{k.k gsrq bl okn ds okni= dks oknh cudj vaxhd`r fd;k gSA** **12- That since my childhood I regularly visited the temples in Ayodhya along with my parents to offer prayer and worship. In Ayodhya, I almost everyday used to offer my prayer and worship at the temples at Hanumangarhi, Kanakbhavan and Janmbhumi. My father Sri Gopal Singh Visharad was a devoted worshipper of Janmbhumi temple. It was his daily routine to offer prayer and worship at the Janmbhumi temple after taking bath. In the evening also, he along with family used to offer prayer and worship at time of ' Aarti' and 'Bhog' and used to offer prayer in the 'Garbh-grih' (sanctum sanctorum) without any obstruction. Prior to the Makar Sankranti of 1950, my father late Sri Gopal Singh Visharad fell ill and was unable to offer prayers at the temple. After recovery, when he went to offer prayer at the Janmbhumi on Makar Sankranti, the official of the State Government stopped him from going inside, where the idol of Lord Rama etc. were present. On enquiry by my father, it was found that influenced by the baseless and false prejudice of the plaintiff nos. 1 to 5 and their other associates, the defendant no. 6 through its officials defendant nos. 7 to 354 9, had deprived the Hindu public from its legal justified right of prayer and worship, and in view of bias of defendant nos. 1 to 5, the defendant no. 6 declared that in future also the Hindu public would be deprived of its aforesaid rights in the same manner. In view of this illegal act regarding the rights of the plaintiff and crores of Hindus, there was every probability of illegal and improper interference by the defendants in the exercise of their religious rights and there was apprehension of the idols of Lord Rama etc. being removed and as such in order to protect the religious rights of himself, of the entire Hindu community and of crores of devotees of Rama, the above suit was filed. Since interference arose in the religious rights of the present plaintiff viz. myself, in offering prayer at the idols of Lord Rama etc. in the disputed structure, I adopted this plaint as plaintiff after the death of my father Sri Gopal Singh Visharad, the original plaintiff for protection of those very religious rights." (E.T.C.) 13- okni= ds vUr esa tks pkSgn~nh n'kkZ;h xbZ gS ml pkSgn~nh ds vUnj Hkxoku Jh jke pUnz vkfn dh ewfrZ;ka Hkou ds e/; f'k[kj ds uhps xHkZx`g esa fojkteku jgh gSa] ftudh iwtk o n'kZu lnSo ls ewy oknh rFkk oknh ,oa djksM+ksa fgUnw turk o jke HkDrksa }kjk fuckZ/k :i ls lgL=ksa o"kksZ ls gksrh pyh vk jgh gSa leLr fgUnw turk vkSj jke HkDr rFkk ewy oknh o oknh Lo;a bls Jh jkepUnz th dh tUeHkwfe ekurs pys vk jgs gSaA tUeHkwfe ifjlj dk oUnu vkSj ueu djus ds mijkUr leLr ifjlj dh ifjdzek djds vius dks /kU; ekurs gSaA ewy oknh rFkk oknh us Hkh yxkrkj tUeHkwfe ij vkdj tUeHkwfe dk ueu o oUnu fd;k gS rFkk yxkrkj o"kksZ rd Hkxoku Jh jke pUnz vkfn dh fojkteku ewfrZ;ksa dk n'kZu djus ds mijkUr Lo;a oknh us Hkh tUeHkwfe ifjlj dh ifjdzek vla[; ckj dh gSA fookfnr ifjlj esa fLFkr xHkZx`g esa 12 dlkSVh ds 355 iRFkjksa ds [kEHks yxs gSa] ftuij Hkh nsoh nsorkvksa dh ewfrZ;ka mRdh.kZ gSaA** **13- In the boundary given at the foot of the plaint, the idols of Lord Ramchandra etc. were present in the 'Garbh- grih' below the mid dome of the structure, whose worship etc. was all along carried out uninterruptedly for thousand of years by the original plaintiff, plaintiff and crores of Hindu public and devotees of Rama. The entire Hindu public, devotees of Rama, the original plaintiff and the plaintiff have all along considered it to be the birth place of Lord Rama. They consider themselves to be fortunate on circumambulating the entire campus after offering prayer and worship. The original plaintiff and the plaintiff have also regularly visited the Janmbhumi and prayed and worshipped at the Janmbhumi and for years have circumambulated the Janmbhumi campus on innumerable occasions after offering prayer at the idols of Lord Rama etc. There are 12 touch stone pillars in the 'Garbh-grih' situated within the disputed structure, on which the idols of Gods and Goddesses have been carved out." (E.T.C.) **14- ;g fd fookfnr ifjlj esa izos'k ds fy;s iwoZ dh vksj guqer}kj Fkk] tgka ij }kj ds nksuksa vksj dlkSVh ds [kEHks yxs Fks] ftudh la[;k 2 Fkh] bu ij Hkh nsoh nsorkvksa dh ewfrZ;ka mRdh.kZ FkhaA okn i= esa of.kZr fookfnr lEifRr ds mRrj dh vk sj lhrk jlk sb Z fLFkr FkhA ogka tkdj Hkh oknh mldk n'kZu djrk jgk gSA fookfnr lEifRr ds iwj c tUeHk wf e dk Hk.Mkj o jke pcwr jk fLFkr Fkk tgka cM+h la[;k esa lk/kw o HkDrx.k jke ladhrZu o jkeuke dk ikB djrs jgrs FksA lhrk jlksbZ ds mRrj flag }kj Fkk] ftl ekxZ ls gksdj ifjlj ds mRrj dh vksj tk;k tkrk FkkA fookfnr lEifRr ds nf{k.k o if'pe dh vksj ijrh tehu iM+h Fkh] ftlesa ls gksdj J)kyq iwjs tUeHkwfe ifjlj dh ifjdzek djrs jgs gSaA** **14- "That there was Hanumatdwar on the east for 356 entering the disputed structure, and there were touch stone pillars on both side of the gate, which were two in number. The idols of Gods- Goddesses had been carved on them. The Sita Rasoi was situated to the north of disputed structure detailed in the plaint. The plaintiff had been worshipping at that place also. The store of Janmbhumi and Ramchabutara were situated to the east of the disputed structure, where a large number of saints and devotees offered their prayers. To the north of Sita Rasoi was the Singhdwar, through which lay the route to north of the premises. Vacant land was lying to the south and west of the disputed structure, though which the devotees circumambulated the Janmbhumi campus." (E.T.C.) **15- v;ks/;k esa ,sls rks izR;sd fnu gtkjksa jke HkDr Hkkjr ds dksus&dksus rFkk fo'o ds vU; ns'kksa ls Hkh fujUrj vkrs gS tks ifo= lj;w unh esa Luku djrs gSa rFkk v;ks/;k esa fLFkr gtkjksa efUnjksa esa n'kZu iwtu djrs gSa] ftuesa fo'ks"k :i ls guqeku x<+h] dudHkou] tUe LFkku o tUeHkwfe ds efUnjksa esa n'kZu o iwtu djrs gSA tUeHkwfe ij fo'ks"k :i ls gtkjksa J)kyqtu fuR; izfr n'kZu ueu djrs gSa vkSj ureLrd gksdj tUeHkwfe dh ifo= jt eLrd ls yxkrs gSa vkSj iwjs tUeHkwfe ifjlj dh ifjdzek djrs gSaA** **15- Usually thousands of devotees of Rama visit Ayodhya everyday from different corners of India and other countries of the world. They bathe in the sacred Saryu river and offer prayers at thousands of temples in Ayodhya, particularly the temples at Hanumangarhi, Kanakbhavan, Janmsthan and Janmbhumi. Thousands of devotees offer prayers daily specially at the Janmbhumi and apply the sacred earth on their forehead and did circumambulation of the entire Janmbhumi premises." (E.T.C.) **16- izR;sd o"kZ v;ks/;k esa lkou esyk ds volj ij yk[kksa fgUnw 357 turk ,oa jkeHkDr J)kyqvksa dk esyk yxrk gSA J)kyq lkou ekg dh izfrink ls vkuk izkjEHk dj nsrs gSa vkSj ;g dze j{kkcU/ku ioZ rd pyrk jgrk gSA vkus okys leLr J)kyq jke HkDr fu;fer :i ls lj;w Luku] efUnjksa esa n'kZu o iwtk rFkk fo'ks"k :i ls tUeHkwfe ifjlj eas fLFkr Hkxoku JhjkepUnz o vU; nsoh nsorkvksa dh ewfrZ;ksa dk n'kZu o iwtu djus ds mijkUr tUeHkwfe dh ifjdzek dj vius dks /kU; ekurs gSaA** **16- "Every year a fair of lacs of Hindus and devotees of Rama is held at Ayodhya on the occasion of Sawan fair. The devotees start visiting the Sawan fair from 'Pratipada' (first day of a lunar fortnight) and it continues upto the festival of Rakshabandhan. The devotees of Rama regularly bathe in the Saryu, offer prayers in the temples, specially the idols of Lord Ramchandra and other Gods- Goddesses in the Janmbhumi premises and consider themselves to be fortunate after circumambulating the Janmbhumi." (E.T.C.) **17- v;ks/;k esa izR;sd o"kZ dkfrZd ekl eas dkfrZd esyk gksrk gS tks dkfrZd 'kqDy ,dkn'kh ls dkfrZd iwf.kZek rd jgrk gSA bl esys esa Hkh yk[kksa dh la[;k esa fgUnw turk o J)kyq jke HkDr v;ks/;k esa ,df=r gksrs gSa bl volj ij J)kyq jkeHkDr iapdkslh o pkSngdkslh ifjdzek djrs gSaA J)kyq HkDrtu Hkkjr ds dksus&dksus ls o fons'k ls Hkh bl volj ij vkrs gSaA lj;w Luku dkfrZd esys dk eq[; vkd"kZ.k gksrk gS J)kyq jke HkDr ifo= lj;w esa Luku djus ds mijkUr n'kZu o iwtu djrs gSaA J)kyq jkeHkDr tUe LFkku vkdj tUeHk wf e efUnj rFkk mles a fojkteku Hkxoku Jh jkepUnz ;kuh jkeyyk dk n'kZ u o iwt u djrs gS a o J)kour gk sd j tUeHk wf e dh jt eLrd ls yxkrs gS a rFkk tUeHkwfe dh ifjdzek djds vius dks /kU;
ekurs gSaA **17- Every year in the month of 'Kartika'(Eight lunar month of Hindu calendar), the 'Kartika' fair is held at 358 Ayodhya between 'Kartika Shukla Ekadashi'(the 11th day of moonlit half of Kartika month) to 'Kartika Purnima'(day of full moon). Lacs of Hindus and devotees of Rama assemble in this fair at Ayodhya. On this occasion, the devotees take five 'Kos' (distance of two miles) and fourteen 'Kos' circumambulation. The devotees assemble from various parts of India and abroad. The Saryu bath is the main attraction of the 'Kartika' fair. After taking a dip in the sacred Saryu, the devotees of Rama offer their prayers and worship. The devotees of Rama visit the Janmsthan and offer their prayer and worship to Lord Rama present there i.e. the Ramalala and apply the earth of Janmbhumi on their forehead out of devotion and consider themselves to be fortunate after circumambulating the Janmbhumi." (E.T.C.) **18- v;ks/;k esa izR;sd o"kZ jkeuoeh ds volj ij pS='kqDy uoeh dks Hkxoku Jh jkepUnz dk tUeksRlo /kwe/kke ls euk;k tkrk gSA bl volj ij leLr v;ks/;k vkSj mlesa fLFkr pkSngdkslh ,oa ikapdkslh {ks= jkee; gks tkrk gSA leLr efUnjksa esa jke tUeksRlo dk vk;kstu gksrk gS fo'ks"k :i ls dud Hkou o tUeHkwfe esa fo'ks"k vk;kstu gksrk gS ftlesa yk[kksa J)kyq tu Hkxoku Jh jke pUnz th dk tUeksRol eukrs gSa bl volj ij v;ks/;k esa J)kyq HkDrksa dh la[;k yk[kksa esa gksrh gSA tks Hkkjr ds dksus dksus o fons'k ls Hkh vkrs gSaA J)kyq jkeHkDr tUe LFkku vkdj tUeHkwfe efUnj rFkk mlesa fojkteku Hkxoku Jh jkepUnz ;kuh jkeyyk dk n'kZu iwtu djrs gSa o J)kour gksdj tUeHkwfe dh jt eLrd ls yxkrs gSa rFkk tUeHkwfe dh ifjdzek dj vius dks /kU; ekurs gSaA** **18- The birth function of Lord Rama is celebrated with fanfare at Ayodhya every year on the occasion of 'Chaitra (first month of Hindu calendar) Navami (ninth day of lunar month)'. On this occasion, the entire Ayodhya and the area 359 of 'Panchkosi' (cirumambulation of ten miles) and 'Chaudahkosi' (cirumambulation of twenty eight miles), is gripped in the fervour of Rama. The festival of birth of Rama is held in all the temples, specially in Kanakbhawan and Janmbhumi, where special celebrations are held, and which are attended by lacs of devotees of Rama. The number of devotees present on this occasion runs into lacs, who come from abroad and different corners of India. The devotees of Rama visit the Janmbhumi temple and offer their prayers and worship to Lord Ramachandra or Ramalala present there and apply the earth of Janmbhumi on their foreheads out of devotion and consider themselves to be fortunate after completing circumambulation of the Janmbhumi." (E.T.C.) **19- v;ks/;k rhFkZLFkyh vU; rhFkZLFkyksa ls loksZijh gS D;ksafd ;gka Hkxoku Jh jke us Lo;a vorkj ysdj leLr ekuo tkfr dk dY;k.k fd;k gSA Hkxoku Jh jke pUnz th vkSj v;ks/;k esa fLFkr mudh tUeHkwfe dksfV&dksfV Hkkjrh;ksa o J)kyq jkeHkDrksa dh J)k o vkLFkk ,oa fo'okl dk izrhd gSA oknh Hkh blh J)k] fo'okl o vkLFkk dks ekudj Hkxoku Jh jkepUnz th o tUeHkwfe esa fojkteku mudh ewfrZ o vU; nsoh nsorkvksa dh ewfrZ;ksa dk n'kZu o mudk iwtu djrk pyk vk jgk gS vkSj lnSo djrk jgsxkA** **19- Ayodhya is the topmost pilgrimage place amongst other pilgrimage places, because Lord Rama had Himself appeared here as God incarnate and did welfare of the human kind. Lord Rama and His Janmbhumi at Ayodhya, signifies the devotion, belief and faith of numerous Indians and devotees of Rama. It was under this very devotion, faith and belief that the plaintiff has been offering prayer and worship to Lord Rama and the idols of Him and other Gods- Goddesses present at the Janmbhumi and will 360 always continue to do so." (E.T.C.) **20- ;g fd 6 fnlEcj 1992 dks Hkou tgka Hkxoku Jh jke pUnz th egkjkt fojkteku Fks Hkou ds fxj tkus ds mijkUr Hkh mlh LFkku ij Hkxoku Jh jkepUnz th fojkteku gSa vkSj mudk iwtk o n'kZu fujarj J)kyq jkeHkDr o oknh Lo;a djrk pyk vk jgk gSA** **20- That even after collapse of the building in which Lord Rama was present, on 6th December, 1992, Lord Rama is still present at that very place and prayers and worship are regularly being offered to Him by the devotees of Rama and the plaintiff himself." (E.T.C.) **21- ;g fd tUe LFkku o tUeHkwfe ifjlj rFkk mlesa fojkteku Hkxoku Jh jkepUnz th egkjkt o vU; nsoh nsorkvksa dk n'kZu] iwtk] vkjk/kuk o vkjrh rFkk ifjdzek esa O;o/kku Mkyus dk vf/kdkj fdlh Hkh izfroknh dks izkIr ugha gS rFkk nkok oknh iw.kZ:is.k fMxzh gksus ;ksX; gSA** **21- That none of the defendant has got the right to create any hindrance in prayer, worship, 'Aarti' and circumambulation of the Janmsthan, Janmbhumi premises and Lord Rama and other Gods-Goddesses present there and the suit of the plaintiff fully deserves to be decreed." (E.T.C.)
334. D.W. 1/2 Krishna Chandra Singh, son of late Chhedi Singh alias Mritunjay Singh, aged about 79 years (in July 2003) has given his statement by way of an affidavit sworn on 28.7.2003 followed by his cross examination as under :
(a) 28.07.2003-by Nirmohi Akhara, defendant no. 11 through Sri R.L. Verma, Advocate (p. 7-22)
(b)29.07.2003- by defendant no. 1/1 through Sri Abdul Mannan, Advocate (p. 23-28)
(c) 29/30/31.07.2003- by defendant no. 10, Sunni Central Waqf Board, through Sri Zafaryab Jilani, Advocate (p. 28-
60) 361
(d) 31.07.2003, 01/04.08.2003-by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) through Sri Mushtaq Ahmad Siddiqui, Advocate (p. 60-91)
(e) 04.08.2003- defendant no. 26 in Suit-5 through Sri Sayad Irfan, Advocate and defendants no. 6/1 and 6/2 (Suit-3) through Sri Fazale Alam, Advocate adopted the cross examination already done by Sri Abdul Mannan, Sri Zafaryab Jilani and Sri Mushtaq Ahmad Siddiqui, Advocates (p. 91)
335. He is resident of Haripur Jalalabad, Tahsil Sohawal, District Faizabad. After obtaining primary education in a nearby village Rampur, he studied in Government Model School, Haiderganj, Faizabad upto middle level and passed High School in 1945 from Manohar Lal Moti High School, Faizabad. He did intermediate from Allahabad and then graduation in Arts from Saket College, Faizabad. After completion of his education, he was appointed as a Teacher in 1956 R.D. Inter College, Suchitaganj, Faizabad wherefrom he retired in 1985. In para 4 of the affidavit, he says that his family belongs to Vaishnava sect and worship Lord Ram. He and his family has offered Darshan and Pooja at the birth place of Lord Ram at Ayodhya from time to time. Thereafter, in para 6 to 20, he has given statement about the continuous worship at the disputed site, that it is a temple throughout, the topography of the disputed site as well as the nearby area, and said as under :
"6- mi;qZDr fo'ks"k voljksa ij v;ks/;k esa ns'k fons'k ls yk[kksa yksx vkrs gSa vkSj iwjh v;ks/;k lhrkjke ds t;dkjksa ls xaqtk;eku gks tkrh gSA izR;sd jkLrs&xyh] eafnj vkfn jkeHkDrksa] rhFkZ;kf=;ksa ,oa n'kZukfFkZ;ksa ls Hkj tkrs gSaA ?k.Vs&?kfM;ky] 'ka[k dh /ofu;kWa pkjksa rjQ lquk;h nsrh gSaA** ^^6- Lacs of people from India-abroad visit Ayodhya on 362 the above special occasions and the entire Ayodhya gets filled up from religious calls of 'SitaRam'. Every lane, road, temple is flooded with devotees of Rama, pilgrims and spectators. The sounds of bells, gongs, conches are heard every where." (E.T.C.) **7- eSaus vius firk th ds lkFk lj;w Luku djus ds i'pkr~ ukxs'ojukFk] guqeku x<+h] dudHkou] cM+h Nkouh vkSj Jhjke tUeHkwfe dk n'kZu vusdks ckj yxkrkj fd;k gSA** ^^7- I along with my father, have regularly offered prayer and worship at Nageshwarnath, Hanumagarhi, Kanakbhawan, Badi Chhawani and Sri Ram Janmbhumi on number of occasions after taking a dip in the Saryu."
(E.T.C.) **8- lu~ 1932 esa tc eSa FkksM+k cM+k gks x;k vkSj dqN le>nkj gqvk rks eSaus vius firk th ls eafnjksa ds ckjs esa vf/kd tkudkjh izkIr dhA lu~ 1932 esa Jhjkefookg ds volj ij vius firk th ds lkFk v;ks/;k vk;k Fkk vkSj lj;w Luku djus ds ckn loZ izFke Jhjke tUeHkwfe dk n'kZu djus x;k rks esj s firk th us crk;k fd rhu f'k[kj okys Hkou ds chp oky s f'k[kj ds uhps dh Hk wf e ij gekj s vkjk/; Hkxoku Jhjke dk vorkj gq v k Fkk vkS j ;gh Jhjke tUeHk wf e gS A ** **8- In 1932 when I was a bit grown up and developed some understanding, I obtained more information about temples from my father. I had visited Ayodhya along with my father in the year 1932 on the occasion of 'Sri Ram Vivah' and after taking a dip in the Saryu I went to offer prayer at SriRam Janmbhumi for the first time, when my father told me that the incarnation of our revered Lord Rama took place at the land beneath the mid dome of the three dome building, and this was SriRam Janmbhumi." (E.T.C.) 363 ^^9- Jhjke tUeHkwfe ij tkus ds fy, iwjc dh vksj eq[;}kj Fkk tks guqer}kj ds uke ls fo[;kr gS blesa dkys dlkSVh iRFkj ds nks [kEHks yxs gq, Fks ftuesa t;&fot; dh [kf.Mr ewfrZ cuh gqbZ Fkh guqer}kj ij gh ,d iRFkj vkSj yxk gqvk Fkk ftl ij la[;k&1 vkSj ^^tUeHkwfe fuR; ;k=k** fy[kk gqvk FkkA^^ ^^9- There is a main gate on the east to enter the SriRam Janmbhumi, which is famous as 'Hanumatdwar'. It has two pillars of black touch stone, which contain the broken idol of Jai-Vijai. There is another stone at the 'Hanumatdwar', which has number '1' and 'Janmbhumi Nitya Yatra' written on it." (E.T.C.) ^^10- eq[; izos'k}kj guqer}kj ls nf{k.k rjQ okjkg Hkxoku dh ,d ewfrZ nhokj esa gh yxh gqbZ [kf.Mr voLFkk esa Fkha guqer }kj ls vUnj tkus ij ck;s a ;kuh nf{k.k rjQ jke pcwr jk Fkk ftl ij jke njckj ds foxzg rFkk Jhjkeyyk dh ewfrZ fojkteku FkhA mlds nf{k.k if'pe dksus ij uhe o ihiy dk isM+ ,d gh esa yxk gqvk Fkk tgkWa v/kZxksykdkj pcwrjk Fkk pcwrjs ij f'ko] ikoZrh] x.ks'k] dkfrZds;] f'koth dk v/kZkuUnh dh ewfrZ;kWa fojkteku FkhA^^ **10- An idol of Lord Varah is installed in the wall to the south of main entrance gate 'Hanumatdwar', which was in a broken state. After entry through the Hanumatdwar, there was the Ramchabutara on the left i.e. towards south, over which the 'Vigrah' (individual form or shape) of 'Ram Durbar(Court)' and the idol of Sri Ramlala were present. To its south-west corner, Neem and Pipal trees were planted together. There was a semi-circular platform over which the idols of Shiva, Parvati, Ganesh, Kartikey and Shivji's 'Ardhanandi' were present." (E.T.C.) ^^11- guqer}kj ds nkfgus vFkkZr~ mRrj dh vksj Hk.Mkjx`g Fkk ftlesa vUu] crZu vkfn j[ks tkrs Fks vkSj lk/kq&oSjkxh jgrs FksA Jhjke tUeHkwfe ij lk/kq&oSjkxh izR;sd le; jgrs Fks vkSj v[k.M dhrZu pkSchlksa ?k.Vs 364 pyrk jgrk FkkA^^ ^^11- To the right of 'Hanumatdwar' i.e. towards north, was the store room where food grains, utensils etc. were kept and saints-recluses used to live. Saints-recluses were always present at SriRam Janmbhumi and the 'Akhand Kirtan' (Non-stop prayer) continued round the clock." (E.T.C.) ^^12- Jhjke tUeHkwfe ij mRrj dh vksj Hkh ,d }kj Fkk ftldks flag }kj dgk tkrk Fkk flag }kj ds Åij nk s 'k sj k s a dh ewf rZ ; kW a rFkk mlds chp esa x:.k dh ,d ewf rZ cuh gq b Z FkhA^^ ^^12- There was also a gate towards north of SriRam Janmbhumi, which was called 'Singhdwar'. The statues of two lions and one 'Garun' (mythological carrier of Lord Vishnu) in between, were there at the 'Singhdwar'." (E.T.C.) ^^13- flag }kj ls vUnj tkus ij lhrk jlk sb Z ftldk s dkS ' kY;k jlk sb Z vFkok NBhiwt u LFky Hkh dgk tkrk gS ] Fkk ogk a pkS d k csy u] pwY gk vkS j pj.k fpUg cus gq , Fk sA ^^ ^^13- On entry through the 'Singhdwar' fell the 'Sita Rasoi', which is also called 'Kaushalya Rasoi' or 'Chhati Pujan Sthal'. The symbols of 'Chauka- Belan' (utensils used in Indian kitchen), hearth and feet existed there." (E.T.C.) ^^14- jkepcwrjk ds if'pe ,d nhokj Fkh ftlesa yksgs ds cM+s&cM+s taxys yxs gq, Fks ftldks lhadpsa okyh nhokj dgk tkrk FkkA lhadps okyh nhokj esa nks njokts yxs FksA ,d njoktk guqer }kj ds lkeus iM+rk Fkk nwljk mlls FkksM+k mRrj gVdj FkkA bUgha njoktksa ls gksdj vUnj tkus ij rhu f'k[kjksa okyk Hkou Jhjke tUeHkwfe FkkA ftlds e/; oky s f'k[kj ds uhp s dh Hk wf e gh og Hk wf e gS tk s ijEijkxr vkLFkk ,oa fo'okl ds vuq l kj Hkxoku 365 JhjkepUnz th dh tUeHk wf e ekuh tkrh gS A ^^ ^^14- To the west of Ramchabutara was a wall with large iron grills, and was called grill wall. There were two gates in the grill wall. One gate faced the Hanumatdwar and the other was a bit away on the north. These gates were the entry points to the three dome building, SriRam Janmbhumi, under the middle dome of which is the land, which on the basis of customary faith and belief is considered to be the birthplace of Lord Rama." (E.T.C.) ^^15- rhu f'k[kj okys Hkou ds e/; okys izos'k}kj esa dkys dlkSVh ds pkj [kEHks yxs gq, Fks vkSj e/; f'k[kj okys Hkkx ls nf{k.k okys f'k[kj esa tkus ds fy, tks izos'k}kj Fkk mlesa Hkh dkys dlkSVh iRFkj ds pkj [kEHks yxs Fks rFkk e/; f'k[kj okys Hkkx ls mRrj ds f'k[kj okys Hkkx esa tkus ds fy, tks izos'k }kj Fkk mlesa Hkh dkys dlkSVh iRFkj ds pkj [kEHks yxs gq, Fks bl izdkj dqy 12 [kEHks yxs gq, Fks ftu ij dy'k] QwyiRrh] nsoh&nsorkvksa dh ewfrZ;kWa] rk.Mo eqnzk] in~eklu eqnzk esa FkhA^^ ^^15 There were four black touch stone pillars at the middle gate of the three dome building, and there were four black touch stone pillars at the gate for entry to the southern dome side from the middle dome side and there were four black touch stone pillars at the gate for entry to the northern dome side from the middle dome side. As such there were 12 pillars in all, over which the 'Kalash' (pot), flowers-leaves, idols of Gods-Goddesses in 'Tandav' pose, 'Padmasan' pose were present." (E.T.C.) ^^16- ijEijkxr vkLFkk ,oa fo'okl ds dkj.k fgUnw J)kyq jkeHkDr rFkk esjs ifjokj ds yksx vkSj eSa Hkh ml LFky dks tgkWa Hkxoku Jhjke dk tUe vukfndky ls ekuk tkrk jgk gS mls Lo;aH k w nso ekudj n'kZ u &iwt k] lk"Vk ax iz . kke djrs gS a rFkk iwjs ifjlj dh ifjdzek v;ks/;k esa jgus okys rFkk ns'k&fons'k ls v;ks/;k vkus okys n'kZukFkhZ& rhFkZ;k=h djrs gSaA^^ 366 ^^16- Out of customary faith and belief, the Hindu devotees of Rama, my family members and myself offer prayer and worship at the place which is considered from time immemorial as the birthplace of Lord Rama. (We) perform darshan-worship, offer prostration by considering it to be self-originating God and the Ayodhyaites and the devotees-pilgrims from country- abroad circumambulate the entire premises." (E.T.C.) ^^17- eSaus Hkh vusdksa ckj tUeHkwfe dk n'kZu&iwtk vpZuk rFkk ifjdzek fd;k gSA o"kZ 1934 esa v;ks/;k esa fgUnw&eqlyekuksa ds e/; naxk gqvk FkkA D;ksafd QStkckn rFkk ckgj ds cgqr ls eqlyeku jketUeHkwfe ij dCtk djus ds mn~ns'; ls bdV~Bs gq, FksA tUeHkwfe ij gtkjksa fgUnw J)kyq jkeHkDrksa rFkk oSjkxh lk/kqvksa us mUgsa ekjihV dj Hkxk fn;k FkkA ljdkj us v;ks/;koklh fgUnw turk ij n.MLo:i naxk VSDl Hkh yxkdj gtkjksa :i;k olwy fd;k FkkA^^ ^^17- I have offered prayer and worship at the Janmbhumi on numerous occasions and have also circumambulated around it. In 1934 a riot had broken out between Hindus- Muslims in Ayodhya because number of Muslims of Faizabad and other places, had gathered with the intention of capturing the Ramjanmbhumi. Thousands of Hindu devotees of Rama and recluse saints beat and drove them away. The Government imposed riot tax on the Hindu public of Ayodhya as a punishment, and recovered tax to the tune of thousands of rupees." (E.T.C.) ^^18- lu~ 1932 ds ckn dHkh Hkh dksbZ eqlyeku tUeHkwfe ifjlj esa ugha tk ik;k ml ifjlj esa uekt i<+us dk loky gh ugha iSnk gksrk D;ksafd oSjkfx;ksa ds Mj o ng'kr ds dkj.k dksbZ Hkh eqlyeku tUeHkwfe ds fudV jkedksV eksgYys esa tkrk gh ugha FkkA^^ **18- After 1932 no Muslim was ever able to enter the Janmbhumi premises and as such there is no question of 367 offering of Namaz in that premises because on account of fear and terror of the recluses, no Muslim went to the Ramkot locality near the Janmbhumi." (E.T.C.) ^^19- ;fn Hkwys HkVds dksbZ eqlyeku Jhjke tUeHkwfe ifjlj dh vksj vkrs gq, fn[kk;h Hkh ns tkrk Fkk rks Hkh lk/kq&oSjkxh mls ekjus ds fy, nkSM+k ysrs Fks vkSj mUgsa Hkxk nsrs FksA lu~ 1932 ls lu~ 1949 rd dHkh Hkh fdlh eqlyeku dks Jhjke tUeHkwfe ifjlj dh vksj vkrs tkrs Hkh ugha ns[kkA lk/kq&oSjkfx;ksa ds Mj vksj ng'kr ds dkj.k eqlyeku Jhjke tUeHkwfe ifjlj dh vksj vkrk gh ugha FkkA^^ **19- If by mistake any Muslim was spotted coming towards the SriRam Janmbhumi premises, then also the saints- recluses used to chase and drive them away. I never even saw any Muslim coming towards the SriRam Janmbhumi premises from 1932 to 1949. No Muslim came towards the SriRam Janmbhumi premises due to fear and terror of saints-recluses." (E.T.C.) ^^20- blh izdkj lu~ 1949 ls Qjojh 1986 ;kuh Jhjke tUeHkwfe dk rkyk ftyk tt QStkckn ds vkns'k ls [kksys tkus rd u rks eSaus fdlh eqlyeku dks Jhjke tUeHkwfe ifjlj dh vksj vkrs gq, ns[kk u gh lquk vkSj u gh eqlyekuksa }kjk Jhjke tUeHkwwfe ifjlj ;k mlds vkl&ikl uekt i<+us dk iz'u gh iSnk ugh gksrk gSA** ^^20- Similarly, from the year 1949 to February, 1986 i.e. till the opening of lock of SriRam Janmbhumi under order of District Judge, Faizabad, I neither saw nor heard about any Muslim going towards the SriRam Janmbhumi premises and there is no question of Muslims offering Namaz at or near the SriRam Janmbhumi premises." (E.T.C.)
336. D.W. 1/3 Dr. Sahdev Prasad Dubey, aged about 74 years in August 2003, is resident of village and post Khirauni, Tahsil and District Faizabad. His Examination-in-chief by way of 368 affidavit dated 04.8.2003 followed by cross-examination is as under :
(a) 04.08.2003- by Nirmohi Akhara, defendant no. 11, through Sri R.L. Verma, Advocate (p. 10-20)
(b) 05/06.08.2003- by defendant no. 11 through Sri Abdul Mannan, Advocate (p. 21-36)
(c) 06/07/11/13/14.08.2003-by defendant no. 10, Sunni Central Waqf Board, through Sri Zafaryab Jilani, Advocate (p. 36-110)
(d) 14/19/21.08.2003- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Sri Mohd. Hashim, through Sri Mushtaq Ahmad Siddiqui, Advocate (p. 110-140)
(e) 21.08.2003-defendant no. 26 (Suit-5) through Sri Sayad Irfan, Advocate and defendants no. 6/1 and 6/2 in Suit-3 through Sri Fazale Alam, Advocate adopted the cross examination already done by Sri Abdul Mannan, Sri Zafaryab Jilani and Sri Mushtaq Ahmad Siddiqui, Advocates (p. 140)
337. He did High School in 1950, Intermediate in 1952, Graduation in 1955 from Subhash National Degree College, Unnao affiliated to Agra University, B.Ed. and M.Ed. in 1956- 57 and 1962-63 respectively from Lucknow University, M.A. from Awadh University, Faizabad in 1977 and Ph.D. in 1981 from the same University. The subject of research was "Ram Kavya Parampara Mein Vaidehi Vanvas". He was appointed as Teacher in R.D. Inter College, Suchitaganj, District Faizabad in 1958, promoted in Lecturer's grade (Education) in 1963, worked as Principal of the said College from September 1984 to February 1985, and on attaining the age of superannuation, retired on 30.6.1990. He is also a follower of Sanatan religion 369 having faith in God and Goddess and perform Darshan and Pooja (worship) in accordance with religious tenets. He also stated about his special study on the literature and religious books etc. giving details thereof in para 10 of his affidavit dated 4.8.2003 and said as under :
**10- eSaus Hkh Hkxoku Jh jke dh izsj.kk o vk'khZokn ls ^^jke dkO; ijEijk esa oSnsgh ouokl dk fof'k"V v/;;u^^ uked 'kks/k izcU/k vo/k fo'o fo|ky;] QStkckn ls vius vkjk/; ,oa izHkq Jh jke ds vk'khZokn ls 1981 esa iw.kZ fd;kA bl 'kks/k dk;Z esa eSaus yxHkx 127 fgUnh xzUFkksa ftuesa vaxn iSt] vfXuijh{kk] v/kf[kyk Qwy] vyadkj eatw"kk] v'kksdou] v"V;ke] v"V;ke iwtk fof/k] vkatus;] mfeZyk] dYiyrk] Hkwfetk] dSds;h] fiz;izokl] cjos jkek;.k] ckfyo/k] HkfDr dk fodkl] Hkwfetk] e>yh jkuh] ekul dk gal] ekul v"V;ke] es?kukn] jldyl] jfld jgL;] jktjkuh lhrk] jkedFkk ¼mRifRr ,oa fodkl½] jkedFkk vkSj rqylh] jke dh 'kfDr iwtk] jke pfUnzdk] jke dh lokjh] jkepUnzksn; dkO;] jkepfjr ekul] jkepfjr fparkef.k] jke jlk;u] jkejkT;] jkeLo;aoj jkek'oes/k] jkej{kk L=ks=] jketUe] jkeHktueatjh vkfn izeq[k gSa ,oa vU; lEcfU/kr iqLrdkas dk leh{kkRed v/;;u fd;kA laLd`r xzUFkksa esa eSaus yxHkx 56 laLd`r xzUFkksa ftuesa vfXuiqjk.k] vFkZoosn] vn~Hkqr jkek;.k] vk/;kRe jkek;.k] vkuan jkek;.k] v"V;ke] mnkjjk?ko dfYd iqjk.k] dkfydkiqjk.k] u`flag iqjk.k] in~eiqjk.k] czg~eiqjk.k] ;tqZosn] j?kqoa'k] dkfynkl d`r jkepfjr] _Xosn] okjkg iqjk.k vkfn gSa rFkk 3 ikyh xzUFkksa vukede tkrde] n'kjFk dFkkue o n'kjFk tkrde o 5 izkd`r xzUFkksa 1- imekfj;a 2- jke yyupfj;a 3- dykoyh 4- lh;kpfj;a 5- jkey[kupfj;a rFkk 3 viHkzU'k xzUFk 1- imekpfjm ¼Lo;aHkw½ 2- imekpfjm ¼iq"inUr½ 3- in~e iqjk.k ¼cyHknz iqjk.k½ jbFkw% ds v/;;u ds vfrfjDr Mk0 fxz;jlZu fyf[kr ^^fyfXof"Vd losZ vkQ bf.M;k dks vaxzsth esa i<+k ,oa euu fd;k gSA** "10. In 1981, I completed my research work on "Ram Kavya Parampara Mein Vaidehi Vanvaas Ka Vishisht Adhayayan" from the Awadh University Faizabad with the inspiration and the blessings of Lord Sri Rama. For this 370 research work I made a critical study of 107 Hindi treatises, mainly including Angad Paij, Agnipariksha, Adhkhila Phool, Alankar Manjoosha, Ahsok Van, Ashtyaam, Ashtyaam Poojavidhi, Aanjneya, Urmila, Kalplata, Kaikeyi, Priyaprawas, Barwai Ramayana, Balivadh, Bhakti Ka Vikas, Bhumija, Majhli Rani, Manas Ka Hans, Manas Asthyaam, Meghnad, Raskalash, Rasik Rahasya, Raj Rani Sita, Ramkatha (Utpatti Evam Vikas), Ram Katha Aur Tulsi , Ram Ki Shakti Pooja, Ramchandrika, Ram Ki Sawari, Ramchadrodaya Kavya, Ram Charit Manas, Ram Charit Chitnamani, Ram Rasayan, Ram Rajya, Ram Svyamvar, Ramashwamedh, Ram Raskha Strotra, Ramjanam, Rambhajanmanjari, etc., and also of other relevant books.
Apart from nearly 56 Sanskrit treatises including Agnipurana, Atharva Veda, Adbhut Ramayana, Aadhyatm Ramayana, Anand Ramayana, Ashtyaam, Udaar Raghav, Kalki Purana, Kalika Purana, Nrisingh Purana, Padm Purana, Brahm Purana, Yajurveda, Raghuvansh, Kalidas written Ram Charit, Rigveda, Varah Purana, etc. and three Pali treatises - Anamakam Jatakam, Dashrath Kathanam and Dashrath Jatakam - and 5 Prakrit treatises - 1- Paumariyam 2- Ram Lalanchariyam 3- Kalawati 4-Siya Chariyam and 5- Ramlakhanchariyam - and three Upbhransh works - 1-Paumachariu (Swayambhoo) 2- Paumachariu (Pushpdant) 3- Padma Purana (Balbhadra Puranah Raithooh) - I also studied "Linguistic Survey of India" by Dr, Grierson in English and meditated upon it." (E.T.C.)
338. About his knowledge regarding birth of Lord Ram and his 371 birthplace as well as the existence of temple at the disputed site, DW 1/3 said in paras 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17 and 18 of the affidavit as under:
^^6- gekjk ifjokj lukru /kehZ gS rFkk leLr nsoh&nsorkvksa esa vkLFkk j[krk gSA eSa Hkh tUe ls gh lukru/kehZ gwa rFkk nsoh&nsorkvksa esa vkLFkk j[krk gwa ,oa mudk n'kZu o iwtu djrk gwaA** **6- My family is an orthodox (sanatandharmi) family and believes in all gods-goddesses. I am also an orthodox since birth and believe in gods-goddesses and offer my prayer- worship to them." (E.T.C.) **7- v;ks/;k fo'o dk egkure rhFkZLFky gS vkSj v;ks/;k ds vkl&ikl dk leLr {ks= ^^vo/k** ds uke ls tkuk tkrk gSA eSa blh vo/k {ks= ds tuin QStkckn ds xzke f[kjkSuh dk LFkk;h fuoklh gwa tgka gekjs iwoZt jgrs jgs gSaA v;ks/;k dk egkRe; blfy;s gS fd ;g e;kZnk iq:"kksRre Hkxoku jke dh ikou tUe LFkyh gS ftlds mRrj esa ifo= lj;w unh cgrh gSA ikSjkf.kd xzUFkksa o yk[kksa o"kksZ dh vkLFkk ds vuqlkj v;ks/;k ds jkedksV eksgYys esa tUeHkwfe o tUe LFkku vofLFkr gSA ;ksa rks leLr v;ks/;k {ks= gh e;kZnk iq:"kksRre Jh jke dh tUe LFkyh ds :i esa nsorqY; iwT; gS fdUrq ftl LFkku dks 'kkL=ksa us Jh jke dh tUeLFkyh ekuk gS mldh efgek dk c[kku /kkfeZd] lkfgfR;d] o ,sfrgkfld iqLrdksa esa fd;k x;k gSA buds vfrfjDr tuekul dh vkLFkk o fo'okl ds vk/kkj ij jkedk sV fLFkr tUeHk wf e efUnj] ftls fookfnr dj fn;k x;k gS ogh e;kZ n k iq : "kk sR re Jh jkepunz th dh tUeHk wf e ekuh tkrh gS ] ftls fpfUgr dj HkO; efUnj dk fuekZ . k vkfndky esa gq v k FkkA tcls fujarj ml LFkku rFkk ogka fojkteku ,oa LFkkfir Hkxoku Jh jke dh ewfrZ dk n'kZu&iwtu ,oa tUeLFkku dh ifjdzek gksrh pyh vk jgh gSA** **7- Ayodhya is the greatest pilgrimage on earth and Ayodhya along with its entire adjoining area is known as Oudh. I am a native of village Khirauni, district Faizabad of this very Oudh area, and my ancestors had also resided 372 there. The importance of Ayodhya is in view of the fact that it is the sacred birthplace of Lord Rama, to the north of which flows the holy river Saryu. As per the religious treatises and faith of lakhs of years, the Janmbhumi and the birthplace are situated in Ramkot locality of Ayodhya. Although the entire Ayodhya is worth reverence as the birthplace of Maryada Purshottam Sri Rama, but the greatness of the place, which has been considered as the birthplace of Sri Rama in the Shastras, has been described in the religious, literary and historical books. Besides these, the Janmbhumi temple situated at Ramkot as per the faith and belief of general public,which has been made subject matter of dispute, has been considered as the janmbhumi (birthplace) of Maryada Purshottam Sri Ramchandra and after identifying the same, a grand temple was built there in early ages. Since then, the prayer-worship of the deity of Lord Sri Rama present over there as well as the circumambulation of the Janmsthan has been performed." (E.T.C.) **8- ikSjkf.kd rFkk leLr lukru/kekZoyEch tuekul dh vkLFkk ,oa fo'okl ds vuqlkj bl LFkku ij tUeHkwfe ds izrhd Lo:i efUnj dh LFkkiuk vla[; o"kksZa iwoZ gqbZ Fkh rFkk dkykUrj esa egku ijkdzeh jktk fodzekfnR; dk 'kkludky tks dkyx.kuk ds vuqlkj orZeku le; ls 2060 o"kZ iwoZ ekuk tkrk gS vkSj blh dkyx.kuk dks fodze laor ds uke ls tkuk tkrk gSA mUgksaus mDr LFkku ij HkO; efUnj dk fuekZ.k fd;kA** **8- According to the religious treatises and faith and belief of orthodox general public, a temple was built at this place innumerable years ago as symbol of Janmbhumi. With passage of time a grand temple was built at the said place during the reign of great emperor Vikramaditya, which is believed to have existed about 2060 years ago and 373 this very period is known as Vikram Samvat. He had built a grand temple at that place." (E.T.C.) **9- Hkkjrh; dkyx.kuk ds vuqlkj bls pkj ;qxksa esa ckaVk x;k gS ftUgsa lr;qx] =Srk] }kij o dy;qx ds uke ls tkuk tkrk gS] ftldk izkjEHk vkt ls ikap 'krkCnh iwoZ vFkkZr ikap gtkj o"kZ ls dqN vf/kd ls ekuk tkrk gSA Hkkjrh; iapkax dh blh dkyx.kuk ds vuqlkj =srk ;qx esa pS= 'kqDy uoeh dks e;kZnk iq:"kksRre Hkxoku Jh jke dk tUe vo/k ds egkjktk n'kjFk ds t;s"B iq= ds :i esa gqvk] pS= 'kqDy uoeh dks e;kZnk iq:"kksRre Hkxoku Jh jke pUnz dk tUe gksus ds dkj.k bls jkeuoeh dgk tkrk gSA e;kZnk iq:"kksRre Hkxoku Jh jkepUnz ftuds cky:i dk o.kZu /kkfeZd ,oa lkfgfR;d xzUFkksa esa gqvk gS rFkk gtkjksa o"kksZ ds Kkr bfrgkl esa izR;sd o"kZ fodzeh laor~ ds vuqlkj pS='kqDy jke uoeh ds fnu ds 12 cts e;kZnk iq:"kksRre Jh jkepUnz th dk tUeksRlo izR;sd lukru/kehZ jkeHkDr ifjokj esa rFkk efUnjksa esa euk;k tkrk gSA efUnjksa esa tkdj jkeHkDr vkjk/ku] n'kZu] iwtu] vkjrh o fojkteku Jhjke ds foxzg dh ifjdzek dj vius dks /kU; ekurs gSaA** **9- According to the Indian system of period calculation, it has been divided in four Yugas (periods) known as Satyug, Treta, Dwaper and Kalyug, which began about five centuries ago i.e. a bit more than five thousand years. As per this calculation of period of the Indian Panchang, Maryada Purshottam Lord Sri Rama was born on Chaitra Shukla Navami (ninth day of lunar fortnight commencing from no moon night of the month of chaitra)in the Treta Yuga, as the eldest son of king Dashrath. Since Maryada Purshottam Lord Sri Rama was born on Chaitra Shukla Navami, it is known as Ramnavami. The descriptions of the childform of Maryada Purshottam Lord Sri Rama, are found in religious and literary works and in the known history of thousand years, the birth celebration of Maryada Purshottam Sri Ramchandra takes place at 12 noon on 374 Chaitra Shukla Navami every year in the Vikrama era, in every orthodox family and temples. The devotees of Rama go to temples to offer prayer, worship, arti and consider themselves to be fortunate by performing circumambulation of the deity of Sri Rama present over there." (E.T.C.) **11- v;ks/;k fLFkr jkedksV eksgYys esa Jh jke tUe Hk wf e efUnj ,d ÅW p s Vhy s ij vofLFkr gS ftlds uhp s /kjkry rd iz k phu efUnjk s a ds vo'k s" k fo|eku gS a ftudk fuekZ.kdky dbZ 'krkfCn;ksa ds vUrjky ij gqvk gS D;ksafd efUnjksa dk iqu:)kj ,oa iqufuZekZ.k vko';drkuqlkj fd;k tkrk jgk gSA 6 fnlEcj 1992 dks efUnj dk tks Hkou fxj x;k gS mlds uhp s ckjgoh a 'krkCnh ds efUnj ds vo'k s" k fo|eku gS a ftldk fuekZ . k xgjokj oa' kh; jktk us X;kjgoh a 'krkCnh ds vklikl fd;k FkkA** **11- The Sri Ramjanmbhumi temple in Ramkot locality of Ayodhya, is situated over a high mound, beneath whose floor are present the remains of ancient temples, which had been built at intervals of many centuries because the temples were renovated and re-built as per requirement. The building of temple, which collapsed on 6th December, 1992, had the remains of a 12th century temple beneath it, which had been built by a Gaharwal dynasty king around 11th century."
**12- jke tUeHkwfe efUnj 6 fnlEcj 1992 dks fo|eku Hkou ds fxj tkus ds ckn Hkh Hkxoku Jh jke mlh igys okys LFkku ij fojkteku gSa vkSj mudh iwtk vpZuk vkjrh] ifjdzek fujarj J)kyq HkDrx.k o 'kiFkh Lo;a Hkh djrk pyk vk jgk gSA** "12- Even after the collapse of existing building of Ramjanmbhumi temple on 6th December, 1992, Lord Sri Rama is still present at the earlier place and His prayer- worship, arti, circumambulation are regularly being 375 performed by the devotees as well as the deponent." (E.T.C.) **13- Jh jke tUeHkwfe fLFkr efUnj esa izos'k ds fy;s iwoZ fn'kk esa guqer }kj 6 fnlEcj 1992 ds iwoZ Fkk] }kj ds nksuksa vksj dlkSVh ds [kEHks yxs Fks tks fxurh esa nks Fks bu ij nsoh nsorkvksa dh ewfrZ;ka mHkjh FkhaA mRrj dh vk sj lhrkjlk sb Z o blds iwo Z esa tUeHk wf e efUnj dk Hk.Mkjx` g o jke pcwr jk Fkk] lhrkjlksbZ ds mRrjh fn'kk esa flag}kj Fkk nf{k.k o if'pe fn'kk esa ijrh tehu Fkh ftlds HkDrx.k efUnj ifjlj vFkkZr jke tUe Hkwfe fLFkr eafnj dh ifjdzek djrs FksA** **13- Prior to 6th December, 1992 Hanumatdwar existed in east for entry to the temple situated at Sri Ramjanmbhumi. There were touchstone pillars on both sides of the gate, which were two in number with deities of Gods-Goddesses engraved over them. There was Sita rasoi in the north and to its east were the store room of the janmbhumi temple and Ramchabutara. To the north of the Sita rasoi, was the Singhdwar and vacant land in south and west, over which the devotees used to perform circumambulation of the temple premises i.e. the temple situated at Ramjanmbhumi." (E.T.C.) **14- v;ks/;k esa fuR; gtkjksa jkeHkDr fo'o ds lHkh ns'kksa ,oa ns'k ds izR;sd Hkkx ls fujarj vkrs jgrs gSa tks lj;w esa LukuksijkUr v;ks/;k fLFkr gtkjksa efUnjksa esa n'kZu&iwtu] vkjk/kuk djrs gSa tUe LFkku ,oa tUeHkwfe efUnj] guqeku x<+h] dud Hkou izR;sd jkeHkDr ,oa vkjk/kd fo'ks"k :i ls tkrk ,oa ogka dk n'kZu dj vius dks lkSHkkX;'kkyh ekurk gSA** **14- Thousands of devotees of Rama from within the country and abroad used to visit to Ayodhya everyday and after having a dip in the Saryu, they used to have prayer- worship at thousands of temples situated in Ayodhya. Every 376 devotee and worshipper of Rama particularly visited the Janmsthan, Janmbhumi temple, Hanumangarhi, Kanak Bhawn and after having a darshan over there, used to consider himself to be fortunate." (E.T.C.) **15- gj lky lkou esy k ds volj ij v;k s/ ;k vla[ ; jkeHkDrk s a ls iV tkrh gS A J)kyq jkeHkDr Jko.k ekg dh izfrink ls vkuk vkjEHk dj nsrs gSa vkSj j{kkcU/ku rd HkDrksa dk vkuk fujarj cuk jgrk gS vkus okyk izR;sd J)kyq jkeHkDr lj;w Luku] v;ks/;k fLFkr efUnjksa dk n'kZu o iwtu ,oa vkjk/kuk] tUeHkwfe ifjlj o tUeHkwfe ifjlj efUnj esa fojkteku jkeyyk dk n'kZu] iwtu o vkjk/ku o ifjdzek dj vius thou dks lkFkZd ekurk gSA** **15- Every year Ayodhya was flooded with innumerable devotees of Rama on the occasion of Shravna (a lunar month of Hindu calender) fair. The devotees started visiting from the Pratipada (first day of a lunar month) of the month of Shravna and kept coming till Rakshabandhan. Every visitor devotee of Rama used to consider his life to be worth-while on having dip in Saryu, offering prayer- worship at the temples situated at Ayodhya and performing the darshan, prayer-worship, circumambulation of the Janmbhumi premises and Ramlala present in the temple at the Janmbhumi premises." (E.T.C.) **16- izR;sd o"kZ dkfrZ d ekl esa v;k s/ ;k es a dkfrZ d esy k gk sr k gS blesa Hkh fo'o ds vf/kdka'k ns'kksa o Hkkjr ds dksus dksus ls yk[kksa dh la[;k esa J)kyq o jkeHkDr v;ks/;k esa ,d= gksrs gSa lj;w Luku dkfrZd esys dk eq[; ioZ gksrk gS J)kyq jkeHkDr iapdkslh ,oa pkSngdkslh ifjdzek ds mijkUr lj;w unh ds ifo= ty esa Luku ds ckn jke jke tUeHkwfe ifjlj fLFkr efUnj rFkk blds mijkUr v;ks/;k fLFkr vU; efUnjksa esa n'kZu] iwtu o vpZu dj izHkq Jh jke ds pj.kksa esa viuh vkLFkk fuosfnr djrs gSaA** **16- Every year in the month of Kartika (a lunar month 377 of Hindu calender), a Kartika fair is held at Ayodhya. It was also attended by lacks of devotees and followers of Rama both from within and outside the country. The Saryu Snan was the main occasion of the Kartika fair. After performing Panch kosi (distance of five kose, one kose being equal to two miles) and chaudah kosi (distance of fourteen kose) circumambulation, the devotees of Rama used to take dip in holy water of river Saryu followed by prayer-worship at the temple situated at the Ramjanmbhumi premises and other temples situated at Ayodhya and used to pay their reverence at the feet of their Lord Sri Rama." (E.T.C.) **17- v;ks/;k esa ps= 'kq D y uoeh vFkkZ r jkeuoeh dk s Hkh iz R ;sd o"kZ Hkxoku Jh jkeyyk dk tUek sR lo cM+h /k we /kke o J)k ,oa fo'okl ds lkFk euk;k tkrk gS bl iquhr volj ij Hkh fons'k ls ,oa ns'k ds dksus dksus ls vla[; J)kyq jkeHkDr v;ks/;k vkdj tUeHkwfe ifjlj fLFkr efUnj] dud Hkou] o v;ks/;k fLFkr vU; efUnjksa esa ,d= gksdj iwjh fu"Bk ,oa HkfDr ds lkFk HkocU/ku ls ikj yxkus okys ijeiwT; Jh Hkxoku Jhjke dk tUeksRlo eukrs ,oa ckn esa vU; jke uxjh vFkkZr v;ks/;k fLFkr efUnjksa dk n'kZu dj muesa iwtu] vkjk/ku dj vius o vius ifjokj ij Jh jke izHkq dk ojngLr cus jgus dh dkeuk djrs gSaA** **17- The birth function of Lord Sri Ramlala is also celebrated every year at Ayodhya on Chaitra Shukla Navami or Ramanavami, with great pomp and show and faith and belief. Innumerable devotees of Rama from abroad and various corners of the country, used to visit Ayodhya on this pious occasion and gather at the temple situated at the Janmbhumi premises, the Kanak Bhawan and other temples at Ayodhya and used to celebrate the birth function of their revered Lord Sri Rama with full 378 devotion. Thereafter, they had the darshan at various temples situated at Ayodhya and after offering their prayer- worship, they used to pray for the blessings of Lord Sri Rama for themselves and their families" (E.T.C.) **18- v;ks/;k rhFkZLFkyh vU; lHkh rhFkZLFkyksa esa izeq[k :i ls ekuh tkrh gS D;ksafd ;gka gh e;kZnk iq:"kksRre Hkxoku Jh jke us ekuo :i esa vorkj ysdj leLr ekuo tkfr ds fy;s dY;k.kdkjh dke fd;s gSaA Hkxoku Jh jke vkSj v;ks/;k esa fLFkr mudh tUeLFkyh ftls jketUe Hkwfe efUnj o ifjlj ds :i esa dksfV&dksfV Hkkjrh; o jkeHkDr J)k] fo'okl o vkLFkk dk iaqt ekudj iwtk djrk pyk vk jgk gSA 'kiFkh Hkh blh J)k] fo'okl ,oa vkLFkk ls vfHkHkwr Hkxoku Jh jke o mudh tUeHkwfe o ifjlj dh oUnuk] vpZuk o mlesa iwtk djrk pyk vk jgk gS o vkthou djrk jgsxkA** **18- Ayodhya is considered to be the main pilgrimage amongst all the other pilgrimages, because Maryada Purshottam Lord Sri Rama had incarnated here in human form and had carried out welfare acts for the human kind. Lord Sri Rama and His birthplace at Ayodhya known as Ramjanmbhumi temple and premises, have been revered by crores of Indians and devotees of Rama as the source of faith, devotion and belief. The deponent has also been offering his prayer-worship to Lord Sri Rama, His birthplace and premises out of this very devotion, faith and belief and would continue to do so in my whole lifetime." (E.T.C.)
339. D.W. 2/1-1, Rajendra Singh is 60 years of age (at the time of swearing of affidavit dated 1.12.2004). He was cross examined in the followed manner :
Part-I:(a) 01.12.2004- by Nirmohi Akhara, plaintiff (Suit-
3) through Sri R.L. Verma, Advocate (p. 13-19)
(b) 02.12.2004- by Mohd. Faruk, defendant no. 11 (Suit-3) 379 through Sri Abdul Mannan, Advocate (p. 20-28) (c/1) 02/ 03/ 07/ 08/ 09/ 10/ 14/ 15.12.2004- by Sunni Central Waqf Board, defendant no. 9 through Sri Zafaryab Jilani, Advocate (p. 28-102) Part-II:(C/2) 16/ 17/ 20/ 21/ 22/ 23.12.2004, 03/ 04/ 05/ 06/ 07/ 10.01.2005- by Sunni Central Waqf Board, defendant no. 9 through Sri Zafaryab Jilani, Advocate (p. 103-221)
(d) 10/ 11/ 12/ 13/ 17/ 18/ 19/ 20.01.2005- by defendant no. 7 (Suit-4) through Sri Mustaq Ahmad Siddiqui, Advocate (p. 222-308)
(e) 20.01.2005- defendant no. 6/1 (Suit-3) through Sri Irfan Ahmad, Advocate and defendant no. 6/2 (Suit-3) through Sri Fazale Alam, Advocate and defendant no. 26 (Suit-5) through Sri C.M. Shukla, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 308)
340. He is resident of 293, Sector-16, Faridabad, Haryana. He passed Higher Secondary in 1962 from Government Higher Secondary School, Kalka Ji, New Delhi, obtained technical training in the Trade 'Miller' from I.T.I., Arab Ki Sarai, New Delhi in 1963 and training in Tool and Cutter Grinding from S.I.S.I., Okhla, New Delhi in 1963-64. He also got training in 'Blue Printing' in 1965 from the above institution. He is a Sikh and follows the religious cultural tenets thereof, has studied religious cultural and historical literature of Sikhism since his childhood and has always made efforts to collect maximum information and knowledge of Sikhism. He is engaged in writing work since 1967. He is author of several articles published in 380 provincial and national level journals and papers from time to time, editing a quarterly magazine "Vishvakarma Sangh" since 1987, has studied several books on Sikh faiths and history which includes :
1. Adi Sakhian
2. Puratan Janam Sakhi Sri Guru Nanak Dev Ji Ki
3. Pothi Janamsakhi : Giyan Ratnawali
4. Sri Guru Nanakdev Ji Di Janamsakhi
6. Sachkhand Pothi : Janamsakhi Sri Guru Nanak Dev Ji
8. Guru Nanak Bans Prakash
9. Sri Guru Tirath Sangrahi
10. Tvarikh Guru Khalsa : Bhag 1
341. Based on the aforesaid studies etc., he says in para 5 of the affidavit as under :
^^5- bu xz U Fkk sa ls iz k Ir tkudkjh ls ;g iw. kZ r % iz e kf.kr gk sr k gS fd fookfnr Hk wf e Hkxoku~ Jh jkepUnz th dh tUeLFkyh gS rFkk Jh xq : ukudnso th us v;k s/ ;k tkdj Jh jke tUeHk wf e efUnj ds n'kZ u fd;s Fk sA bUgha xzUFkksa ls ;g Hkh izekf.kr gksrk gS fd dkykUrj es Jh xq: rsx cgknqj vkSj muds iq= Jh xq: xksfoUn flag us Hkh v;ks/;k tkdj Jhjke tUeHkwfe efUnj ds n'kZu fd;s FksA** "5. From knowledge acquired from these treatises it is absolutely proved that the disputed land is the birth place of Lord Sri Rama Chandra and that Sri Guru Nanak Dev went to Ayodhya and had darshan of Sri Rama Janam Bhumi temple. From these very treatises it is also established that Guru Teg Bahadur and his son, Sri Guru Govind Singh, also visited Ayodhya and had darshan of Sri Ram Janam Bhum temple later on." (E.T.C.)
342. In paras 6 and 7 DW 2/1-1 gives certain details of the 381 contents of some books and then says that from the aforesaid, it is evident that Sri Guru Nanak Dev Ji visited the most pious and religious place Ayodhya. In paras 8 to 13, he refers to some other books and contents thereof and then in para 14, he says that from the study of those books and according to his research, he is clearly of the opinion that the disputed place is the birth place of Lord Ram and has been treated as such traditionally. In para 15, again referring to certain books, he says that Babar was a cruel invader, not only murdered Hindus but also damaged several temples. The averments in para 6 to 16 of the affidavit are as under :
"6- ;g fd ^^tuelk[kh HkkbZ ckyk** ¼jpukdky % 1715 fodzeh ¾ 1658 bZloh] Mk0 xqjcpu dkSj }kjk lEikfnr] Hkk"kk foHkkx] iatkc] ifV;kyk] 1987 bZloh] i`"B 172½ ds vuqlkj Jh xq: ukudnso ryo.Mh jk; Hkks, HkV~Vh uked uxj ds fuoklh esgrk Jh dkyw csnh vkSj ekrk r`Irk th ds ?kj dkfrZd iwf.kZek 1526 fodzeh ¾ 20 vDVqcj 1469 bZloh ds 'kqHk fnu vorfjr gq, FksA lks<+h euksgj nkl esgjcku d`r ^^lp[k.M iksFkh% tuelk[kh Jh xq: ukudnso th** ¼jpukdky % yxHkx 1669 fodzeh ¾ 1612 bZloh] izks0 d`iky flag }kjk lEikfnr] [kkylk dkyst] ve`rlj] 1962 bZloh] i`"B 89½ ls Kkr gksrk gS fd lqYrkuiqj esa uokc nkSyr [kka yksnh ds eksnh[kkus esa eksnh ds :i esa dk;Zjr Jh ukudnso th dks dkyh osabZ unh esa Luku djrs le; Hkknzin iwf.kZek 1564 fodzeh ¾ 1507 bZloh ds 'kqHk fnu ijes'oj ds n'kZu gq, FksA rc mUgksaus rhFkZ;k=k ij tkus dk 'kqHk ladYi fd;k ¼i`"B 111½ mDr iqLrdksa ds lanfHkZr va'kksa dh Nk;kizfr bl 'kiFk i= dk layXud 1 o 2 gSA** "6. That as per "JanamSakhi Bhai Bala" ( Time of composition : 1715 Vikrami = 1658 AD, edited by Dr. Gurbachan Kaur , Language Department, Punajb, Patiala, 1987 AD, page 172), Sri Guru Nanak Dev appeared on the auspicious day of Kartik Poornima 1526 Vikrami, i.e. 20th October, 1469 at the house of Sri Kalu Bedi (father) and 382 Tripta (mother), residents of Talvandi Rai Bhoye Bhatti town. From Sodhi Manohar Das Meharban written "Sach Khand Pothi : Tanam Sakhi Sri Gurunanak Dev Ji"(Time of composition : circa 1669 Vikrami = 1612 AD, edited by Prof Kripal Singh, Khalsa College, Amritsar, 1962 AD, page 89), it is known that Sri Nanak Dev, working at the grocery of Nawab Dailat Khan Lodi in Sultanpur, had darshan of God on the auspicious day of Bhadrapad Poornima 1564 Vikrami i.e. 1507 AD while taking a dip in Kali Venyee river. Then he resolved to go on a pilgrimage (page 111). Photocopies of referred portions of the said books are enclosed with this affidavit and are marked as annexures 1 and 2." (E.T.C.) **7- ;g fd ^^vkfn lk[khvka** ¼jpukdky % 1758 fodzeh ¾1701 bZloh] Mk0 I;kj flag }kjk lEikfnr] ykgkSj cqd 'kki] yqf/k;ku] 1983 bZloh] i`"B 168½ esa fy[kk gS % ^^Qsfj ckck th vxfyvk rhjFkk uks pfyvkA xaxk xqnkojh xbvkA fijkx cukjlh xkserh vtqf/kvk nqvkjdk txaukFk mMhlk vBlB rhjFk dh,A lHkuk dk Qyq yhvkA vlukuq dhvk lHk /kjrh ns[khA** blh izdkj iqjkru tuelk[kh Jh xq: ukudnso dh ¼jpuk dky % 1791 fodzeh ¾1734 bZloh] Jh 'ke'ksj flag v'kksd }kjk lEikfnr] /keZ izpkj desVh] Jh ve`rlj] 1969 bZloh] i`"B 64½ esa Hkh fy[kk gS% ^^Qsj ckck vxfyvk rhjFkk uw pfyvkA xaxk] xqnkojh xbvk] fijkxq] xkserh] vtqf/kvk] nqvkjdk] txuukfFk] mM+hlk] vBlB rhjFk dh,A lHkuk dk Qyq yhvkA blukuq dhvk] lHkq /kjrh ns[khA** mijksDr mn~/kj.kksa ls ;g Kkr gksrk gS fd Jh xq : ukud nso us ikou rhFkZ L Fkyh v;k s/ ;k dh Hkh ;k=k dh FkhA mDr iqLrdksa dh laxr i`"B dh nk;kizfr bl 'kiFk i= ds layXud 3 o 4 gSA** "7. That in "Adi Sakhian" ( Time of composition : 1758 Vikrami = 1701 AD, edited by Dr. Pyar Singh , Lahore Book Shop, Ludhiana, 1983 AD, page 168), it is written :383
^"Feri Baba Ji agliya tiratha no chaliya. Ganga Gudavari gaiya. Pirag Banarasi Gomti Ajudhiya Duarka Jagannath Udisa athsath tirath kiye. Sabhna ka falu liya. Asnanu kia sabh dharati dekhi." ** Similarly, in "Janamsakhi Sri Guru Nanak Dev Ki" ( Time of composition : 1791 Vikrami = 1734 AD, edited by Sri Shamsher Singh Ashok, Dharm Prachar Committee, Sri Amritsar, !969 AD, page 64) also, it is written: "Fer Baba agliya tiratha nu chaliya. Ganga Gudavari gaiya, Piragu, Gomti Ajudhiya Duwarka Jagannath Udisa athsath tirath kiye. Sabhna ka falu liya. Isnanu kia sabhu dharati dekhi."
From the afore-said quotatons it is known that Sri Guru Nanak Dev also travelled to the pious site of pilgrimage called Ayodhya. Photocopies of relevant pages from the said books are enclosed with this affidavit and are marked as annexures 3 and 4." (E.T.C.) **8- ;g fd ^^iksFkh tue lk[kh % fxvku jrukoyh^^ ¼jpukdky % yxHkx 1787 fodzeh ¾1730 bZloh vkKkuqlkj eh;ka pjkxnhu lzkt nhu] eqlrQkbZ Nk;k [kkuk] iRFkj Nkik laLdj.k] 1947 fodzeh ¾1890 bZ0 i`"B 213½ esa Jhxq: ukudnso }kjk v;ks/;k n'kZu ds lanHkZ esa fy[kk gS % ^^rc ckck th v;qf/k;k dks tkr Hk, vj dgk fd ejnkfuvk! ,g vtqf/k;k uxjh Jh jkepUnz th dh gSA lkspy bldk njlu djh,A rc ckck th unh rs tkbZ mrjsA^^ mDr iqLrdksa dh Nk;k izfr bl 'kiFk i= dk layXud 5 gSA** "8. That in "Pothi Janam Sakhi : Gian Ratnavali" ( Time of composition : 1787 Vikrami = 1730 AD, edited by Dr. Gurbachan Kaur , Musatfai Chayakhana, Patthar Chhapa Sanskaran, 1947 Vikrami = 1890 AD, page 213), it is written in reference to visit to Ayodhya by Sri Guru Nanak Dev: ^^ Tab Baba ji Ayudhiya ko jat bhaye ar kaha ki Mardaniya eh Ajudhiya Nagari Shri Ram Chandra Ji ki 384 hai. Sochal iska darshan kariye. Tab Babaji nadi te jai utare.^^ The photocopies of the said books form annexure 5 to this affidavit." (E.T.C.) **9- ;g fd Jh xq: ukud nso }kjk v;ks/;k n'kZu ds vfHkizk; dk jgL; [kksyrs gq, HkkbZ ckys okyh ^^tuelk[kh** ¼izdk'kd % HkkbZ prjflag &thou flag] cktkj HkkbZ lsok] ve`rlj] 1940 fodzeh ¾ 1883 bZ0 i`"B 261½ esa crk;k x;k gS% ^^xq: th v;qf/k;k dks x,A Jh xq: ukudnso th us dgk % HkkbZ ckyk bg Hkh uxjh Jh jkepUnz th dh gSA ,sFks Jh jkepUnz th us vorkj /kkj ds pfj= dhrs gu lks ns[k ds gh pyh,A rka Jh xq:
th ljtw unh ds fdukjs ij tkbZ cSBsA** mDr iqLrd dh Nk;kizfr bl 'kiFk i= dk layXud 6 gSA**
"9. That unravelling the mystery of Ayodhya darshan by Sri Guru Nanak Dev, Bhai Bole written "Janam Sakhi"
( Publisher : Bhai Chatar Singh 7 Jeevan Singh, Bazar Bhai Seva, Amritsar, 1940 Vikrami i.e. 1883 AD, page 261) says : "Guru Ji Ayudhiya Ko Gaye". Sri Guru Nanakdev Ji said: "Bhai Bala Ieh Nagari Sri Ramchandra Ji ki hain aithe Sri Ramchandra Ji ne avtaar dhaar ke charitra kite han so dekh ke hi chaliye. Ta Sri Guru Ji Sarju nadi ke kinare par jai baithe." The Photocopy of the said book is enclosed with this affidavit as annexure no. 6." (E.T.C.) **10- ;g fd mijksDr /kkjk 8 vkSj 9 esa of.kZr nksuksa ^^tuelkf[k;ksa** ds lfEefyr ikB ls Li"V gks tkrk gS fd v;ks/;k n'kZu ls Jh xq:
ukudnso dk vfHkizk; Jh jke ds lHkh yhyk LFkyksa ds n'kZu djuk FkkA v;ks/;k esa Jhjke yhykLFkyksa esa lokZf/kd egRoiw.kZ yhykLFky Fkk% Jhjke tUeHkwfe efUnjA blh egRoiw.kZ yhyk LFky ij vorkj /kkj.k djds Jhjke us viuh cky&yhyk,a dh Fkh ftls ns[k ds gh pyus dh ckr Jh xq: ukudnso us n`<+rkiwoZd dgh gSA ,sls n`<+ fu'p;h xq:th ds dfu"B iq= Jh y{ehpUn ds vkBosa oa'kt ckck lq[kcklh jke csnh viuh jpuk ^^xq: ukud cal izdk'k** ¼jpukdky % 1886 fodzeh¾1829 bZ0] Mk0 xqjeq[k flag }kjk lEikfnr] iatkch ;wuhoflZVh] ifV;kyk] 1986 bZloh] 385 i`"B 151½ esa crkrs gSa% ^^pys rgka rs lfrxq: ejnkuk ys lafxA vk, vm/k iqjh fc[ks ljtw ufn ftg lafxAA ljtw ty eatu dhvk njlu jke fugkjA vkre :i vuar izHk pys exu fgrq /kkjAA** mijksDr NUn esa ^^njlu jke fugkj** 'kCn ;g Hkyh HkkWafr Li"V dj nsrs gSa fd v;ks/;k esa Jhjke tUeHkwfe efUnj uked yhykLFky esa lqizfrf"Br ^^jkeewfrZ** ds Jh xq: ukudnso us fugkj dj vFkkZr~ /;kuiwoZd n'kZu fd, FksA blls ;g fl) gksrk gS fd egRoiw.kZ yhykLFky ^^Jhjke tUeHkwfe efUnj** ds :i esa Jh xq: ukud ds izkjfEHkd rhFkZ;k=k dky esa fo|eku FkkA mDr iqLrd ds laxr i`"B dh Nk;kizfr bl 'kiFk i= dk layXud 7 gSA**
"10. That from the combined reading of both "Janam Sakhis" mentioned in the afore-said paras 8 and 9, it transpires that by Ayodhya darshan Sri Guru Nanak Dev meant 'having darshan of all Leela Sthals of Sri Rama' (places where Rama performed His roles in a human form). The most important Leela Sthal of Sri Rama in Ayodhya was : Sri Ram Janam Bhumi temple. Sri Rama incarnated himself at this very important Leela Sthal and acted as a child. Sri Guru Nanak Dev has asserted to have darshan of it. Baba Sukhvasi Ram Bedi, 8th lineal descendent of Sri Laxmi Chandra, younger son of so resolute Guru Ji, in his work 'Guru Nanak Vans Prakash' (Time of composition :
1886 Vikrami = 1829 AD, edited by Dr. Gurumukh Singh, Punajbi Unversity Patiala, 1986 AD, page 151) says :
"Chale tahan te Satiguru Mardana le sangi. Aaye Awadh Puri bikhe Sarju nadi jih sangi. Sarju jal manjan kiya darsan Ram nihar. Aatam roop anant Prabhu chale magan hitu dhaar."
The expression "Darshan Ram Nihar" in the afore-said 386 verse duly shows that Sri Guru Nanak Dev had a close darshan of 'Ram Murti' (idol of Rama) installed on the Leela Sthal named Sri Ram Janam Bhumi temple in Ayodhya. It goes to prove that the important Leela Sthal existed in the shape 'Sri Ram Janam Bhumi temple at the time of the first pilgrimage of Sri Guru Nanak Dev. Photocopy of the relevant page of the said book is enclosed with this affidavit and is marked as Annexure no. 7." (E.T.C.) **11- ;g fd Hkknzin iwf.kZek 1564 fodzeh¾1507 bZloh ds 'kqHk fnu vius g`n; esa ijes'oj dk izdk'k ikdj Jh xq: ukudnso th rhFkZ;k=k ij tkus ds fy, m|r gq,A rc os lqYrkuiqj ls py dj fnYyh] gfj}kj bR;kfn LFkkuksa ls gksrs gq, v;ks/;k igqapsA bl ;k=kdky esa yxHkx 3&4 o"kZ O;rhr gq,A bl iz d kj 1567&1568 fodz e h¾1510&1511 bZ l oh esa Jh xq : ukud nso us Jhjke tUeHk wf e efUnj ds n'kZ u fd;s Fk sA ;g mYys[kuh; gS fd bl le; rd Hkkjr o"kZ ij vkdzkUrk ckcj dk vkdze.k ugha gqvk FkkA** "11. On the auspicious day of Bhadrapad Poornima 1564 Vikrami = 1507 AD, Sri Guru Nank Dev was prompted to go on a pilgrimage on his heart being illumined with the light of God. Then he proceeded from Sultanpur and reached Ayodhya through Delhi, Hardwar, etc. This journey lasted nearly 3-4 years. In this way Sri Guru Nanak Dev had darshan of Sri Rama Janam Bhumi temple in 1567-1568 Vikrami i.e. 1510-1511 AD. It is pertinent to mention that by that time invader Babur had not invaded India." (E.T.C.) **12- ;g fd lks<+h euksgjnkl esgjcku dh jpuk ^^lp[k.M iksFkh% tuelk[kh Jh xq: ukudnso th ¼jpukdky%yxHkx 1667 fodzeh¾1610 bZloh] izks0 d`iky flag }kjk lEikfnr] [kkylk dkyst] ve`rlj] 1962 bZloh] i`"B 186&187] 190½ esa fy[kk gS % ^^rc xq: ckck ukudq mlq uxj 387 rs mlq iVsy dam ukeq fnM+kbZ dfj iwjc dh /kjrh uxfj vtksf/kvk esa tkbZ clsA - - - rc vtksf/kvk fc[ks xq: ckck ukudq cSBk Hkxfr djrk gSA - - - rc ckck ukudq tqgnh vtksf/k;k efg cSBk ijyh n[k.k dh rjQ] ,dq iat rhjFkh Fkh mlds Åij ,d eVq Fkk] ml gh efg cSBk ukeq flejuq djrk FkkA** ;gkWa v;ks/;k esa nf{k.k fn'kk dh vksj iaprhFkksZ ds Åij ,d eB esa Jhxq:
ukud }kjk riL;k djus dh ckr Kkr gksrh gSA LdUnegkiqjk.k] oS".ko[k.M] v;ks/;kekgkRE; ds igys nks v/;k;ksa esa of.kZr iaprhFkksZ ds uke gS% pdz] czg~edq.M] _.kekspu] ikiekspu vkSj lglzlkjA lglzlkjrhFkZ ls nf{k.k fn'kk esa pdzrhFkZ dh vksj tkrs gq, pkSFks LFkku ij czg~edq.MrhFkZ iM+rk gSA blh czg~edq.MrhFkZ ds ikl og eB Fkk tgkWa cSBdj tqgnh¾riLoh ukud th us riL;k dh FkhA Jh xq: ukudnso dh bl ikou riLFkyh ds Bhd lkeus lM+d ds nf{k.k esa ^^xq:}kjk czg~edq.M lkfgc** cuk gqvk gS tks Jhjke tUeHkwfe ls yxHkx 150&200 xt dh nwjh ij fLFkr gSA lks<+h euksgjnkl esgjcku d`r ^^lp[k.M iksFkh% tue lk[kh Jh xq:
ukudnso th** ¼i`"B 187] 191&197] 198&99½ ds vuqlkj v;ks/;k esa bl ikou riLFkyh ij jgrs gq, Jh xq: ukud nso th us ikWap 'kcnksa ¼inksa½ dh laxhrc) jpuk dh] HkDrtuksa esa mudk xk;u fd;k vkSj HkkokFkZ le>k;kA blls izHkkfor gksdj vusd J)kyq yksx Jh xq: th ds flD[k gq, vkSj ukudiUFkh cusA mDr iqLrd ds laxr i`"B dh Nk;kizfr bl 'kiFk i= dk layXud 8 o 9 gSA**
"12. That in the work of Sodhi Manohar Das Meharban "Sach Khand Pothi : Janam Sakhi Sri Guru Nanak Dev Ji"
(Time of composition : circa 1667 Vikrami i.e. 1610 AD, edited by Prof Kripal Singh, Khalsa College, Amritsar, 1962 AD, pages 186-187 and 190), it is written :
"Tab Guru Baba Nanaku usu nagar te usu Patel kau namu didai kari purab ki dharti nagari Ajodhiya mein jai base. . . . . . . Tab Ajodhiya bikhe Guru Baba Nanaku baitha bhagati karta hai. . . .. . Tab Baba Nanaku juhdi Ajodhiya mahi baitha parli dakhad ki taraf, eku panj teerathi thi uske upar 388 ek matu tha, us hi mahi baitha namu simaranu karta tha."
It comes to knowledge that Sri Guru Nanak Dev performed 'tapasya' (practice of austerities) in a monastery above Panchteertahs in the north here in Ayodhya. Names of Panchteerthas mentioned in the first two chapters of Skandha-Mahapurana, Vaishnavakhand, Ayodhya- Mahatmya are : Chakra, Brahmakund , Rinmochan, Paapmochan, Sahasrasar. While going towards Chakrateertha to the south of Sahasrasar-Teertha, we find Brahmakund Teertha at the fourth place. Near this very Brahmakund was a monastery where ascetic Nanak Ji seated himself and practised austerities. In the south of the road exactly opposite to Sri Guru Nanak Dev's pious site of austerity stood"Gurudwara Brahmakund Sahib", which is nearly 150-200 yards away from Sri Ram Janam Bhumi.
As per Sodhi Manohar Das Meharban's work "Sachkhand Pothi : Janam Sakhi Sri Guru Nanak Dev Ji"
(pages 187, 191-197, 198-199 ), Sri Guru Nanak Dev Ji while staying on this pious site of austerity in Ayodhya composed a musical composition of five verses, and sang it in the midst of devotees and made them understand its meaning. Impressed by it many devotees became Sikhs as disciples of Sri Guru Ji and adopted the Nanak-Panth. The photocopy of the relevant page of the said book is enclosed with this affidavit and is marked as Annexures 8 and 9."
(E.T.C.) **13- ;g fd bfrgkldkj Kkuh Kku flag ds fo|kxq: if.Mr rkjk flag ujksRre ¼1879&1948 fodzeh¾1822&1891 bZloh½ dh jpuk ^^Jh xq: rhjFk laxzfg** ¼ewy jpukdky%1941 fodzeh¾1884 bZloh] Jh fueZy iapk;rh v[kkM+k] dujoy] f}rh; laLdj.k 1975 bZloh] i`"B 121] 130½ esa i`"B 121 ij Jh xq: rsxcgknqj ds v;ks/;k vkus dk mYys[k djrs gq, 389 vkxs i`"B 130 ij fy[kk gS fd Jh xq: xksfoUn flag ^^bgka vki.kh dqy ds fcz/k iqj[k jke ds tue Fkku esa vk,A** Kkuh Kku flag viuh izfl) jpuk ^^rckjh[k xq: [kkylk%Hkkx 1** ¼xq: xksfcUn flag izsl] fl;kydksV] 1948 fodzeh¾1891 bZloh] i`"B 283&284½ esa fy[krs gSa fd xq: xksfoUn flag us **'kgj dk'kh jkeuxj nk lSy iznD[k.kk dhrhA ,Fkksa py fejtkiqj vkfnd uxjk uwa ns[k ns gks, vtq/;k th cfl"V dq.M] tks cfl"V th nk ?kj rs gkse dj.k nh txk gS] tk BfgjsA fQj lwjtdq.M] guqekux<+h] jkepUnz ns eUnj] lhrk nh jlksbZ vkfnd vLFkku ns[ks rs Lojx}kjh xqIrkj?kkV ljtw ns b'kuku nku dhrsA** mDr iqLrd ds laxr i`"B dh Nk;kizfr bl 'kiFk i= dk layXud 10 o 11 gSA** "13. That in his book "Sri Guru Teerath Sangrahi"
(origianally written in 1941 Vikrami i.e. 1884 AD, Sri Nirmal Panchayati Akhada, Kanarval, second edition 1975 AD, pages 121 and 130), Pt. Tara Singh Narottam (1879- 1948 Vikrami i.e. 1822-1891 AD), teacher of historian Gyani Gyan Singh, has on page 121 made mention of Sri Guru Teg Bahadur's pilgrimage to Ayodhya and has on page 130 further written that Sri Guru Govind Singh "Ehan apadi kul ke bidh purkha Ram ke janam than mein aaye."
Gyani Gyan Singh in his famous work "Tabarikh Guru Khalsa : Part I" (Guru Govind Singh Press, Sialkot, 1948 Vikrami = 1891 AD, page 283-284) writes that Guru Govind Singh "Shahar Kashi Ramnagar da sail pradakhana kiti. Aitho chal Mirjapur aadik nagara nu dekh de hoya Ajudhya Ji Bashitha Kund, jo Bashistha Ji da ghar te hom karan di jaga hai, ja thahire. Fir Surajkund, Hanumangarhi, Ramchandra de mandar, Sita di Rasoi aadik asthan dekhe te swargdwari Guptarghat Sarju de ishnan dan kite." *The photocopy of the relevant page of the said book is enclosed here with and is marked as 390 Annexures 10 and 11." (E.T.C.) **14- ;g fd mijksDr iqLrdksa ds v/;;u o vius 'kks/k ds vk/kkj ij esjk ;g fuf'pr er gS fd fookn xzLr Hkwfe gh Hkxoku Jh jkepUnz th dh tUeLFkyh gS] tks ijEijkxr :i ls mlh :i esa ekuh tkrh jgh gSA** "14. That from the study of the afore-said books and on the basis of my research I am of a definite view that the disputed land itself is the birth-place of Lord Sri Ram Chandra which has been traditionally taken to be such." (E.T.C.) **15- ;g fd mijksDr of.kZr iqLrdksa esa ls ^^vkfn lk[khvka**] ^^iqjkru tuelk[kh Jh xq: ukudnos th dh** vkSj ^^lp[k.M iksFkh % tUelk[kh Jh xq: ukud nsoth ds v/;;u ls ;g Hkh Kkr gksrk gS fd vkdzkUrk ckcj us Hkkjro"kZ ij vius rhljs vkdze.k esa] tc og fl;kydksV dks foftr djrk gqvk vk;k] rc mlus 1578 fodzeh¾1521 bZloh esa lSniqj ds xzkeksa dks rckg dj Mkyk] iq:"kksa dk dRysvke fd;k] fL=;ksa dks cU/kd cuk;k] vkSj yksxksa ds ?kjksa dks ywVkA ;s gh xzUFk ;g Hkh crkrs gSa fd bu foink Hkjh ?kVuk ds izR;{kn'khZ Lo;a xq; ukudnso th FksA mUgksaus bl nqHkkZX;iw.kZ ?kVuk ij xgjk nq[k izdV djrs gq, pkj 'kCnksa ¼inksa½ dh jpuk dh ftuesa ckcj dks lk{kkr~ 'kSrku vkSj mldh lsuk dks iki dh ckjkr crk;k gSA Jh xq: xzUFk lkfgc th esa muds ;s pkj 'kCn i`"B 722&23] 417&18 vkSj 360 ij izkIr gksrs gSaA Jh xq: xzUFk lkfgc th] vklk egyk 1 i`"B 418 ij Jh xq: th crkrs gSa fd bl dzwjrkiw.kZ vkdze.k ds volj ij vkdzkUrk ckcj us lSniqj ds Fkkuksa dks] eqdkeksa dks vkSj otz ds leku lqn`<+ efUnjksa dks tyk fn;k vkSj jktdqekjksa dks dkV&dkV dj /kwy esa :yk fn;kA** "15. That from the study of "Adi Sakhian" , "Puratan Janam Sakhi : Sri Guru Nanak Dev Ji Ki", and "Sach Khand Pothi : Janam Sakhi Sri Guru Nanak Dev Ji Ki", it also transpires that in his third invasion on India, invader Babur, after having conquered Sialkot, reached Saidpur in 1578 Vikrami i.e. 1521 AD and devastated its villages, slew 391 men, held women hostages and plundered the houses of the people. These very treatises also reveal that Guru Nanak Dev Ji himself was an eyewitness to this calamitous incident. Expressing his deep anguish over this unfortunate incident, he composed four verses describing Babur as a manifest demon and his army as a Barat (party) of sinners. These four stanzas of Sri Guru Granth Sahib are available on pages 722-723, 417-18 and 360. Sri Guru Ji in his book "Sri Guru Granth Sahib Ji, Asa Mahla 1, page 418 says that in this cruel attack, invader Babur gutted the police stations, halts and steely temples of Saidpur, and decimated the princes and brought them to dust." (E.T.C.) **16- ;g fd layXud 1 rk 11 esa m)`r ewy iqLrdksa dks eSaus i<+k gS tks esjs ikl miyC/k gSA** "16. That I have read the original books quoted in Annexures 1 to 11and they are available with me." (E.T.C.)
343. DW 2/1-2, Ram Saran Srivastava, aged about 68 years (vide affidavit dated 20.01.2005). He was cross examined in the following manner:
(a) 20/24.01.2005- by Nirmihi Akhara, plaintiffs (Suit-3) through Sri Tarunjeet Verma abd Sri R.L. Verma, Advocates, Advocate (p. 7-24)
(b) 25/31.01.2005, 01.02.2005- by Mohd. Faruk, defendant no. 11, through Sri Abdul Mannan, Advocate (p. 26-44)
(c) 01/02/03/04/07/08/09/10/11.02.2005- by plaintiffs no.
1, 6/1, 8/1 Sunni Central Board of Waqf, Jiyauddin and Maulana Mahafujurrhman through Sri Zafaryab Jilani, Advocate (p. 45-150)
(d) 11/15/16.02.2005- by plaintiff no. 7 (Suit-4) through Sri Mustaq Ahmad Siddiqui, Advocate (p. 150-183) 392
(e) 16.02.2005- defendant no. 6/1 (Suit-3) through Sri Irfan Ahmad, Advocate and defendant no. 6/2 (Suit-3) through Sri Fazale Alam, Advocate and defendant no. 26 (Suit-5) through Sri C.M. Shukla, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 184)
344. He is M.Com. L.L.B. and worked as 'Teacher' for about two years, wrote a book "Ankechar Parichay" published in 1959. He was selected and appointed as District Industry Officer, and worked as such for one year, whereafter selected in U.P. Provincial Civil Service in 1961, promoted in Indian Administrative Service in 1984. He worked during his tenure (as a member of Indian Administrative Service) as District Magistrate, Hardoi, Faizabad and Kanpur, Special Secretary in Public Works Department, Education and Social Welfare and Director, Department of Government Estate and retired on 31.03.1994. He joined as District Magistrate at Faizabad on 19.07.1987 and remained thereat for about three and half years. Claiming to have studied the dispute minutely in his capacity as District Magistrate, Faizabad, he said in paras 7, 8 and 9 about the sources from which he got knowledge as under:
*^7- eSaus Jhjke tUe Hkwfe fookn ds lEcU/k esa miyC/k xtsfV;j rFkk jktLo vfHkys[kksa dk dbZ ckj v/;;u fd;k rFkk ogka ds LFkkuh; lHkh laoxZ ds yksxksa ls gj izdkj dh tkudkjh ds lkFk gh fookn ls lacaf/kr Ik{kksa ls Hkh le;≤ ij tkudkjh izkIr djrk jgkA^^ "7. On number of occasions, I have studied the gazetteers available in context of Sri Ramjanmbhumi dispute as well as the revenue records, and also gathered all kinds of information from local people of all class besides the concerned parties to the dispute." (E.T.C.) 393 ^^8- eSaus vius ftykf/kdkjh ds dk;Zdky ds nkSjku iz'uxr izdj.k ds laca/k esa LFkkuh; fgUnw o eqlyeku cU/kqvksa ls rFkk lar egkRekvksa] fo}kuksa ,oa mysekvksa ls Hkh le;≤ ij ckrphr dhA^^ "8. During my tenure as District Magistrate, I had discussions from time to time with local Hindus, Muslims, Saints, Scholars and Ulemas in reference to the dispute in question." (E.T.C.) ^^9- esjs dk;kZy; esas iz'uxr izdj.k jk"Vzh; o vUrjk"Vzh; Lrj ij dkQh laosnu'khy eqn~nk Fkk ftl ftl dze esa fofHkUu Ik{kks o laoxksZa ls lacaf/kr bfrgkldkj] iqjkrRoosRrk fo}ku vkfn ls Hkh esjk lEidZ gksrk jgk rFkk muls fofHkUu izdkj dh tkudkfj;kaW feyrh jgh A laaosnu'khy izdj.k gksus ds dkj.k ns'k&fons'k ds Ik=dkjksa] fo}kuksa o /keZxq#vksa ls Hkh bl izdj.k esa ckr&phr djus dk volj feyk rFkk eSaus Lo;a miyC/k tkudkjh o lUnHkZ ds vk/kkj ij bl fo"k; dk v/;;u fd;kA^^ "9. The matter in question was a very sensitive matter of my office at National and International level and in this behalf I entered into contact with Historians, Archaeologists, Scholars etc. concerned with different parties and classes and gathered different kinds of information. As the matter was sensitive, I had the opportunity to discuss this matter with journalists of country-abroad, scholars and religious teachers and on basis of available information and references, I myself studied this matter." (E.T.C.)
345. DW 2/1-2 claims to have written a book titled as "Sri Ram Janam Bhoomi/Babri Masjid Vivad-Ek Drishtikon" published in 1997. In para 11 of the affidavit he says that the information contained in this book is based on the knowledge he gathered during his tenure as District Magistrate, Faizabad through government record, available evidence, information, his own view etc. He claims to have studied the following 394 gazetteers/settlement reports:
1. A Gazetteer of the Territories under the Government of East India Company by Edward Thornton published in 1858 and republished in 1993.
2. Historical Sketch of Faizabad with the Old Capital of Ajudhia and Faizabad by P. Cargegy, Officiating Commissioner and Settlement Officer, published in 1870.
3. Gazetteer of the Province of Awadh, 1877.
4. Imperial Gazette of India-United Province of Agra and Awadh-Faizabad Division.
5. District Gazetteer, Barabanki, 1902 Edition, Vol.
48.
6. Faizabad Gazetteer, 1902 Edition, Vol. 43.
7. District Gazetteer of united Provinces of Agra and Awadh, 1905.
346. Based on his study of the above Gazetteers, DW 2/1-2 states in para 16 as under:
^16- mijk sD r xtsf V;j ds v/;;u ls Li"V gk sr k gS fd fookfnr LFky fgUnq v k s a ds vkjk/; Hkxoku Jhjke dh tUeLFkyh gS tgka fgUnqvksa }kjk lnSo ls vius vkjk/; Hkxoku Jhjke dh tUeHkwfe ds #Ik esa iwtk dh tkrh jgh gS rFkk blh LFky ij Jhjke tUeHk wf e eaf nj iwo Z dky es a Hkh fLFkr Fkk ftls 1528 bZ 0 es a /oLr djds fookfnr <k ap k ckcj ds vkns' k ij ehjckdh }kjk cuk;k x;kA^^ "16. From the study of aforesaid gazetteer, it is apparent that the disputed site is the birthplace of Hindus' revered Lord Sri Rama, which was continuously worshiped by Hindus as the birthplace of their revered Lord Sri Rama, and the Sri Ramjanmbhumi temple had existed at this site in earlier times as well, and after 395 demolishing the same, the disputed structure was built in the year 1528 AD by Mir Baqi under order of Babar." (E.T.C.)
347. He claims to have inspected the revenue and nazul record of the disputed land. Virtually there are three settlements (revenue settlements) i.e., 1861, 1893-94 and 1936-37. The revenue and nazul record of the land in District Faizabad was corrected accordingly. Regarding preparation of revenue records, in para 18 he said:
^18- QStkckn ds jktLo vfHkys[kksa ds lecU/k esa fo'ks"kr% utwy lEifRr;ksa] muds j[k&j[kko] O;oLFkk o bUnzktkr vkfn ds laca/k esa ts0 MCyw0 gksst rRdkyhu dysDVj }kjk foLr`r vk[;k rS;kj dh xbZ gS rFkk mlh laca/k esa rRdkyhu dfe'uj ,oa lsfVyesaV vkfQlj Jh ih0 dkusZxh us Hkh foLr`r O;oLFkk nh gSA^^ "18. J.W. Hodge, erstwhile Collector had prepared a detailed report regarding the revenue records of Faizabad particularly the Nazul properties, their management, arrangement and entries etc.. The erstwhile Commissioner and Settlement Officer Sri P. Cornegi had also given a detailed report in that behalf." (E.T.C.)
348. The conclusion drawn by DW 2/1-2, based on the study of the above settlements and revenue records, is mentioned in paras 19, 20 and 21 as under:
^^19- lu~ 1861 bZ0 ds lsfVysesaV ds eqrkfcd tUeLFkku o mlls lacaf/kr Hkw[k.Mksa dks ekStk dksV jkepUnz eq[;r% vkcknh ds #Ik esa iznf'kZr fd;k x;k gS vkSj blh dze esa lacaf/kr ekSts ds [kljk fdLrokj esa Hkh tUeLFkku dk mYys[k fd;k x;k gSA^^ "19. As per the settlement of the year 1861, the Janmsthan and the plots related thereto, have been shown mainly as inhabitation in village Kot Ramchandra and in this continuation the Janmsthan has been mentioned in the 396 Khasra Kistwar of the concerned village." (E.T.C.) ^20- eSaus vius dk;Zdky esa Jhjke tUeHkwfe@ckcjh efLtn fookn ds laca/k esa jktLo vfHkys[kkxkj QStkckn rFkk rglhy lnj QStkckn esa miyC/k lHkh vfHkys[kksa dks dbZ ckj ns[kk rFkk bl laca/k esa lHkh lacaf/kr jktLo vf/kdkfj;ksa ls tkudkjh izkIr dhA lHkh vfHkys[kksa dk lw{e v/;;u djus ds ckn ;g Li"V gqvk fd fookfnr LFky jktLo o utwy vfHksys[kksa esa tUe&LFkku dss #Ik esa vafdr gSA^^ "20. During my tenure, I saw all the records available in Revenue Record Room Faizabad and Tehsil Sadar Faizabad, concerning the Sri Ramjanmbhumi/ Babri mosque dispute, on number of occasions and also obtained information in this behalf from all concerned Revenue Officers. After careful study of all the records it became clear that the disputed site was entered in the revenue and nazul records as Janmsthan." (E.T.C.) ^^21- f'kykU;kl ds le; Hkh lHkh vfHkys[kksa dk fujh{k.k djus ds Ik'pkr iz'uxr Hkw[k.M tUeLFkku ds #Ik esa gksuk izekf.kr gqvk Fkk rFkk bl laca/k esa laxr lwpuk jkT; o dsUnz ljdkj dks le;≤ ij nh tkrh jgh gSA^^ "21. On the occasion of 'Shilanyas' (laying of foundation stone) also, the plot in question had been established as Janmsthan from inspection of all the records and the necessary information in this behalf was furnished to the State and Central Government from time to time." (E.T.C.)
349. Regarding the place in dispute and other facts, in paras 22, 23 and 24, DW 2/1-2 said as under:
^^22- eq>s vius dk;Zdky esa tks Hkh rF; miyC/k gks lds] muds vk/kkj ij rFkk esjh Lo;a dh tkap rFkk fofHkUu ,tsafl;ksa }kjk izkIr lwpukvksa ds vk/kkj ij ;g fu"d"kZ fudkyk fd iz ' uxr LFky ij fgUnq v k sa ds vkjk/; Hkxoku Jhjke dk tUe LFkku gS tgk a ij Jhjke tUeHk wf e eaf nj Fkk ftls ckcj }kjk vius vkdz e .k dky esa 397 vius iz f rfuf/k lsu kifr ehjckdh }kjk /oLr djkdj mlh LFkku ij fookfnr <k ap k ¼tk s vc /oLr gk s pq d k gS ½ cuk;k x;k FkkA^^ "22. On the basis of the facts ascertained during my tenure and further on basis of my own inquiry and the information received from various agencies, (I) derived the conclusion that the site in question was the birthplace of Hindus' revered Lord Sri Ram and that Sri Ram Janmbhumi temple existed there, which was got demolished by Babar, during his invasion period, through his representative Mir Baqi and the disputed structure (which has now been demolished) was built at that very place." (E.T.C.) ^23- fookfnr LFky ij tks <kapk Fkk mlesa esjh Lo;a v/;;u o tkudkjh ds vuqlkj o"kZ 1934 bZ0 ds Ik'pkr dHkh uekt ugha Ik<+h xbZ gS] u gh mldk iz;ksx eqfLye lEiznk; }kjk lkewfgd vFkok O;fDrxr #Ik ls gh uekt Ik<+us ds fy, gqvkA^^ "23. As per my studies and information, Namaz was never offered after the year 1934 AD in the structure at the disputed site, nor was it used by the Muslim community either collectively or individually to offer Namaz." (E.T.C.) ^^24- fookfnr <kapsa esa yxs dkys iRFkj ds [kEHkksa ij] dy'k] vke ds iYyo] dey] nsoh&nsorkvksa ,oa ekuo vkd`fr;ka Li"V Fkha rFkk mlh ifjlj esa lhrk jlskbZ] pj.k&fpUg] pkSdk&csyu] pwYgk] jkepcwrjk Fkk A mDr LFky fgUnqvksa ds iwT; LFkyh ds #Ik esa Fkk ,oa fookfnr LFky lnSo ls Hkxoku jke ds tUeLFky ds #Ik esa iwT; FkkA^^ "24. The pitcher, mango leaves, lotus and figures of God-
Goddesses and human beings, were clear over the black stone pillars in the disputed structure and within the same premises, were the Sita Rasoi, footmarks, 'Chauka-Belan' (utensils used in Indian kitchen), stove and Ramchabutara.
398The above place was a worship place of Hindus and the disputed site was always revered as birthplace of Lord Rama." (E.T.C.)
350. DW 2/1-3, Mahant Ram Vilas Das Vedanti is aged about 51 years (as per his affidavit dated 16.02.2005). He was cross examined in the followed manner :
(a) 16/17/18.02.2005-by Nirmohi Akhara, plaintiff (Suit-
3) through Sri Tarunjeet Verma, Advocate (p. 12-46)
(b) 18/21.02.2005- by plaintiff no. 9 and 10/1 Mahmood Ahmad and Mohd. Faruk Ahmad through Sri Abdul Mannan, Advocate (p. 47-63)
(c) 21/23/24/25/28.02.2005, 01/02/03/04/07/09.03.2005-
by plaintiffs no. 1, 6/1, 8/1 Sunni Central Board of Waqf, Jiyauddin and Maulana Mahafujurrhman through Sri Zafaryab Jilani, Advocate (p. 63-204)
(d) 09.03.2005- by plaintiff no. 7 (Suit-4) through Sri Mustaq Ahmad Siddiqui, Advocate,who also adopted the cross examination done by Zafaryab Jilani, Advocate (p. 204-205)
(e) 09.03.2005- defendant no. 6/1 (Suit-3) through Sri Irfan Ahmad, Advocate and defendant no. 6/2 (Suit-3) through Sri Fazale Alam, Advocate and defendant no. 26 (Suit-5) through Sri C.M. Shukla, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 205)
351. He is resident of Vashistha Bhawan, Hindu Dham, Naya Ghat, Ayodhya, District Faizabad and claims to be Mahant and Sarvarahkar, Vashistha Pithadhishwar of Vashistha Bhawan, Naya Ghat, Ayodhya. Born in District Riwa (Madhya Pradesh) 399 he is residing permanently at Ayodhya since 1968. He passed Shastri examination in the subject of Grammar from Varanasi Sanskrit Vishvavidyalaya and was conferred the degree of Vedantacharya in 1979-80 in the subject "Sri Ramanuj Vedant". He completed Ph.D. in 1982 from Sampurnanand Sanskrit Vishvavidyalaya, Varanasi in the subject of "Valmikiya Ramayane Dharm Niti". He claims to have studied from student's life about Lord Ramchandra Ji and Sri Krishna, read several religious, literary books, legends etc. and still continuing with the same, was elected as member of Parliament from Machchalishahar and Pratapgarh constituencies in 11th and 12th Parliamentary Elections. He claims to have regularly visited the disputed site, a birthplace of Lord Ram and has performed Bhajan, Pujan, Parikrama etc. thereat since 1968. He has given details of location and construction of the disputed site and its vicinity in paragraphs 10, 11, 12, 13, 14, 15, 16 and 18 of the affidavit as under:
^^10- ;g fd Jhjke tUeHkwfe ifjlj esa fookfnr <kapk fxjus ds iwoZ izos'k gsrq eq[;}kj iwjc ls Fkk ftls guqeku }kj ds :i esa tkuk tkrk FkkA eq[; }kj ij nksuksa vksj dkys dlkSVh ds nks [kEHks yxs gq, Fks] ftu ij QwyiRRh] t; fot; ds fp= mdsjs x;s FksA ftl izdkj ds dlkSVh ds [kEHks ckgj eq[; }kj ij Fks mlh izdkj ds 12 dkys dlkSVh ds [kEHks vUnj eq[; Hkou esa Hkh yxs FksA ftu ij ?kV] iYyo] ve`r dy'k] LokfLrd] Qwy iRrh] eksj] nsoh&nsorkvksa ds fp= mdsjs x;s FksA^^ ^^10- That prior to the demolition of the disputed structure at the SriRam Janmbhumi premises, the main gate for entry was in the east, which was called the 'Hanumatdwar'. Two black touch stone pillars were standing on both sides of the main gate, over which the pictures of flowers-leaves, Jai- Vijai had been carved out. 12 black touch stone pillars similar to the ones at the main gate, were there inside the 400 main building, over which the picture of 'Ghat' (pitcher), 'pallav' (leaf), 'Amrit Kalash' (pot of nectar), flower-leaf, peacock, God-Goddess had been carved out." (E.T.C.) ^^11- ;g fd iz'uxr <kaps ds eq[; }kj ls vUnj tkus ij nf{k.k dh rjQ ,d pcwrjk Fkk tks jke pcwrjk ds uke ls tkuk tkrk FkkA tgkWa Hkxoku jke] y{e.k] lhrk vkfn dh ewfrZ;kWa Fkh ftudh Hkh fu;fer iwtk vpZuk fgUnw n'kZukfFkZ;ksa }kjk dh tkrh FkhA jke pcwrjs ds uhps xqQk efUnj FkkA jke pcwrjk ds nf{k.k iwjc dksus ij ,d ihiy dk isM+ Fkk] ftlds uhps x.ks'k th] 'kadj th] dkfrZds; th vkfn dh ewfrZ;kW vkSj fi.Mh FkhA ftls Hkh n'kZukfFkZ;ksa }kjk n'kZu iwtu fd;k tkrk FkkA eq[;}kj ls vUnj mRrj rjQ lar fuokl ds :i esa Vhu 'ksM Fkk] ftlesa dqN lUr LFkk;h :i ls jgrs Fks rFkk ckgj ls vkus tkus okys lUr Hkh Bgjrs FksA mlh ds ,d va'k esa vukt] crZu vkfn j[kk tkrk FkkA^^ ^^11- That on entry in the disputed structure through the main gate, there was a platform towards south called Ramchabutara, where the idols of Lord Ram, Laxman, Sita etc. were present and were worshipped regularly by Hindu devotees. Below the Ramchabutara, was the 'Gufa' (cave) temple. There was a Pipal tree to the south east corner of the Ramchabutara, under which were the idols of Lord Ganesh, Lord Shankar, Lord Kartikey, which were also worshipped by the devotees. To the north of the main gate, was a tin shed as residence of saints, in which some saints used to live permanently and the visiting saints of other places also used to stay there. In a portion of the same, the food grains, utensils etc. were stored." (E.T.C.) ^^12- ;g fd jkepcwrjk o e.Mi ds if'pe eq[; ifjlj ds lkeus ,d lhadpksa okyh nhokj Fkh ,oa vUnj Hkxoku Jhjke dk tUe LFkku ftls lukru /kehZ fgUnw /kkfeZd ijEijkuqlkj xHkZx`g dgrs Fks] chp okys xqEcn ds uhps fLFkr FkkA eq[; ifjlj esa fLFkr <kWapk rhu xqEcn okyk Fkk ftlesa e/; okys xqEcn ds uhps dh Hkwfe ij Hkxoku Jhjke dk tUe gqvk 401 Fkk] ,slh ijEij vkLFkk ,oa fo'okl fgUnw tuekul dk gS rFkk osnksa] /keZ'kkL=ksa] iqjk.kksa vkfn ds vuqlkj Hkh ;g fl) gSA blh vkLFkk ,oa fo'okl ds vk/kkj ij ijEijkxr <ax ls ns'k fons'k ds vla[; fgUnw jkeHkDr o tu lkekU; }kjk fookfnr LFky dks Hkxoku Jhjke dh tUeLFkyh o tUeHkwfe efUnj ekurs gq, iwtu] n'kZu djrk pyk vk jgk gS rFkk 'kiFkdrkZ Hkh mls mlh :i esa vfr ifo= ,oa Hkxoku jke dh iwT; tUeLFkyh ekurk gSA^^ ^^12- That there was a grill wall opposite the main premises and to the north of the Ramchabutara and the 'Mandap', and inside it and below the mid dome, was the birthplace of Lord Rama, which is customarily called 'Garbh-grih' by the orthdox Hindus. The structure standing within the main premises, was of three dome and according to the customary faith and belief of Hindus and as proved by Vedas, Dharmshastras, Puranas etc., Lord Rama was born on the land below the mid dome, It is on basis of this very faith and belief that the prayer and worship of Lord SriRama's birthplace and Janmbhumi temple has been customarily continuing through innumerable Hindu devotees of Rama and general public of country-abroad and the deponent also adheres to the Janmbhumi as a very sacred worship place of Lord Rama." (E.T.C.) ^^13- ;g fd Jhjke tUeHkwfe ifjlj esa iz'uxr <kWpk fxjus ds iwoZ mRrj dh vksj Hkh ,d izos'k }kj Fkk ftls flag }kj dgk tkrk FkkA flag}kj ds Åij chpks chp esa x:.k nso rFkk muds nksuksa rjQ nks flag cus gq, FksA flag}kj ls vUnj tkus ij rhu xqEcn okys Hkou ds mRrj vFkkZr~ ifjlj ds mRrj if'pe dksus ij lhrk jlksbZ Fkh] tgkWa pkSdk crZu] pwYgk] pj.k fpUg vkfn Fks] ftudh n'kZu iwtu Hkh n'kZukFkhZ djrs Fks] rFkk ogha gou dq.M Hkh FkkA^^ ^^13- That prior to the demolition of the disputed structure 402 within the SriRam Janmbhumi premises, there was an entry gate towards the north east, which was called the 'Singhdwar'. Above the 'Singhdwar' was the 'Garundev' in centre with two lions on both sides. After entry through the 'Singhdwar' there was the Sita Rasoi in the north of the three dome building or to the north east corner of the premises, where there were symbols of kitchen utensils, stove, feet etc., and prayer and worship was offered there by the devotees. A 'Hawan Kund' (prism shaped vessel used in ceremony for offering oblations to the fire God)." (E.T.C.) ^^14- ;g fd e/; okys xqEcn ds uhps fLFkr LFky ij gh lukru /kehZ fgUnw erkoyfEc;ksa dh izkphu ijEijk ,oa izFkk rFkk mudh vkLFkk ,oa fo'okl ds vuqlkj egkjkt n'kjFk ds iq= Hkxoku Jhjke dk tUe gqvk Fkk] blfy, ;g LFky vfr ifo= ,oa iwT; gS ,oa blh vkLFkk ,oa fo'okl ds vk/kkj ij vukfndky ls djksM+ksa lukru /kehZ fgUnw v;ks/;k vkdj Jhjke tUeHkwfe LFky dk n'kZu iwtu ,oa ifjdzek djrs pys vk jgs gSaA eq[; izos'k }kj ij ,d iRFkj yxk gqvk Fkk] ftl ij ^^tUeHkwfe fuR; ;k=k** fy[kk FkkA^^ ^^14- That according to ancient traditions, customs, faith and belief of orthodox Hindus, king Dashrath's son Lord Sri Rama was born at the very place below the middle dome, so this place is most sacred and revered and on the basis of this faith and belief from time immemorial crores of orthodox Hindus have been visiting Ayodhya and performing 'Darshan', worship and circumambulation of birthplace of Lord Rama. On the main gate of entry a stone was installed with 'Janmbhumi Nitya Yatra' (daily visit of birthplace) written thereon." (E.T.C.) ^^15- ;g fd fookfnr LFky ds nf{k.k iwoZ dksus ij yxHkx 200&300 QqV dh nwjh ij nf{k.k iwjc dksus ij ^^lhrk dwi** uked izfl) ,oa 403 ifo= dwi Fkk] ftldk ty rhFkZ;k=h ihrs Fks vkSj flj ij j[krs Fks ,oa izlkn Lo:i ?kj ys tkrs FksA^^ ¼ist& 5½ ^^15- That at a distance of about 200-300 feet on the south east corner of the disputed site, was a famous and sacred well called Sita 'Koop' (well), whose water was drunk and applied on head by the pilgrims and was also taken home by them as blessings." (E.T.C.) ^^16- ;g fd Jhjke tUeHkwfe ifjlj ds vUnj e/; okys xqEcn esa dkyh dlkSVh ds 12 [kEHks yxs gq, Fks] mu ij dy'k] Qwy&iRrh] ;{k & ;f{k.kh] ?kV&iYyo] nsoh&nsorkvksa dh vkd`fr;kWa] ve`r dy'k ,oa LokfLrd iRFkj esa gh mdsjh x;h FkhA^^ ^^16- That there were 12 black touch stone pillars in the middle dome inside the SriRam Janmbhumi premises and the pictures of 'Kalash', flower-leaf, 'Yaksha-Yakshani', 'Ghat-Pallav', Gods-Goddesses, 'Amrit Kalash', 'Swastik' had been carved out over the stone." (E.T.C.) ^^18- ;g fd fookfnr ifjlj tgkWa fLFkr gS mlds pkjks vksj fgUnqvksa ds izfrf"Br reke efUnj gSa ftlesa tUe LFkku lhrk jlksbZ] dud Hkou] osn efUnj] fo'okfe= vkJe] fl;kfi;k dsfydqUt] eRr xtsUnz] dksVs'oj egknso] jke [ktkuk efUnj] yksel vkJe] lqxzho fdyk] xksdqy Hkou] jax egy] yodq'k efUnj] of'k"B dq.M] dqcsj Vhyk] czg~edq.M xq:}kjk vkfn gSaA** ^^18- That the disputed premises is surrounded on all sides by many reputed temples of Hindus including 'Janmsthan, Sita Rasoi, Kanak Bhawan, Veda temple, Vishwamitra Ashram, Siyapiya Kelikunj, Matt Gajendra, Koteshwar Mahadev, Ram Khajana temple, Lomus Ashram, Sugriv Kila, Gokul Bhawan, Rang Mahal, Luv Kush temple, Vashishta Kund, Kuber mound, Brahm Kund, Gurudwara' etc." (E.T.C.)
352. In paragraphs 9 and 19 he has said that Hindus in the 404 country and abroad, traditionally and culturally, believe and have faith that the disputed site is birthplace of Lord Ram, and, are worshipping the said place accordingly, in para 17 he has said that no Muslim has ever offered any Namaz (Prayer) thereat and atleast from 1934 :
^^9- ;g fd fookfnr LFky ns'k fons'k ds vla[; fgUnqvksa }kjk Hkxoku Jhjke pUnz dh tUeHkwfe ds :i esa izFkkxr] ijEijkxr vkLFkk ,oa fo'okl ls vukfn dky ls iwftr gksrk pyk vk jgk gSA fgUnw lukru/kehZ fookfnr LFky dks vius vkjk/; Hkxoku Jhjke pUnz th dh tUe LFkyh o tUeHkwfe efUnj ds :i esa iwtrs gSaA^^ ^^9- That out of customary faith and belief, the disputed site has been worshipped by innumerable Hindus since ancient times as the birthplace of Lord SriRamchandra. The orthodox Hindus have worshipped the disputed site as birthplace and Janmbhumi temple of Lord Rama." (E.T.C.) ^^17- ;g fd fookfnr ifjlj es dHkh dksbZ eqlyeku ugha tkrk Fkk] vkSj u gh fdlh eqlyeku }kjk ogkWa uekt i<+h tkrh Fkh] esjh tkudkjh ds vuq:i o"kZ 1934 ds ckn Jhjke tUeHkwfe ifjlj dh rjQ vxj dksbZ eqlyeku fn[kkbZ iM+ x;k rks lk/kw oSjkxh mls ykBh M.Mk ls nkSM+dj ekjrs ihVrs FksA Hk;o'k dksbZ eqlyeku ifjlj dh vksj ugha tkrk FkkA rFkk 1934 ls fookfnr LFky ij dHkh uekt ugha i<+h xbZ vkSj u gh dksbZ bLyke etgc dk vuq;k;h vUnj x;kA^^ ^^17- That neither any Muslim ever went inside the disputed premises nor offered Namaz there. According to my information if any Muslim was spotted towards the SriRam Janmbhumi premises after the year 1934, he was chased away by the saints- recluses. No Muslim used to go towards the premises out of fear and after 1934 Namaz was never offered at the disputed site and no follower of Islam went inside." (E.T.C.) ^^19- ;g fd esjs v/;;u o tkudkjh ds vuqlkj v;ks/;k fLFkr 405 fookfnr LFky gh Hkxoku Jhjke pUnz th dh tUeHkwfe gSA v;ks/;k esa Hkxoku Jhjke dk tUe jktk n'kjFk ds iq= ds :i esa gksuk loZfofnr ,oa loZekU; gS ,oa fookfnr LFky lukru /kehZ fgUnqvksa }kjk Hkxoku Jhjke dh tUeLFkyh ds :i esa vuUrdky ls /kkfeZd vkLFkk] ijEijk] izFkk ,oa fo'okl ds vuqlkj ekU;rk izkIr gS] tks mlh :i esa vuUr dky ls iwftr gksrh pyh vk jgh gSA fgUnw /keZ'kkL= ds vuqlkj ewfrZ ,oa LFky leku :i ls iwT; gksrs gSa] ftldh iwtk vpZuk ls euq"; dks eks{k dh izkfIr gksrh gSA** ^^19- That according to my studies and information, the disputed site at Ayodhya is the birthplace of Lord Sri Ramchandra. The birth of Lord Rama as son of king Dashrath is universally known and accepted and since ancient times, the disputed site has been recognized by the orthodox Hindus as the birthplace of Lord Sri Ram on basis of religious faith, custom, tradition and belief. According to Hindu religious books, the idol and place are equally worshipable, by worship of which a person attains 'Moksha' (salvation)." (E.T.C.)
353. In paragraphs 20 to 27 DW2/1-3 he has referred to certain literature claiming that the same referred to the place of birth of Lord Ram at the disputed site and therefrom it can be ascertained that the disputed site is a place of birth of Lord Ram, as under:
^20- ;g fd ckYehfd jkek;.k] vFkoZosn] ;tqosZn] LdUn iqjk.k ,oa xksLokeh rqylhnkl th ds lkfgR; esa v;ks/;k esa fookfnr LFky ij Hkxoku Jhjke ds tUe gksus dk fooj.k feyrk gSA rq y lh nkl }kjk jfpr rq y lh nk sg k 'krd es a Hkh ckcj ds vkns' k ij ehj ckdh }kjk Jhjke tUeHk wf e efUnj /oLr dj efLtn cuokus dk mYy s[ k gS A xksLokeh rqylh nkl d`r dforkoyh esa Hkh eqxydkyhu 'kkldksa ds dqd`R;ksa ,oa vR;kpkj dk mYys[k gS rFkk mudh d`fr nksgkoyh esa rRdkyhu lkekftd] jktuSfrd fLFkfr;ksa dk o.kZu 406 fd;k x;k gSA^^ ^^20- That in the literature of Valmiki Ramayan, Atharva Veda, Yajur Veda, Skanda Purana and Goswami Tulsidas, description is found about the disputed site in Ayodhya being the birthplace of Lord SriRama. Even in the 'Tulsi Doha Shatak' of Tulsi Das, there is mention about construction of mosque by Mir Baqi after demolishing the Sri Rama Janmbhumi temple on the command of Babar. The 'Kavitavali' composed by Goswami Tulsidas contains references of the excesses and atrocities committed by the Mughal emperors and the 'Dohawali' composed by him gives a clear picture of the then social and political situation." (E.T.C.) ^^21- ;g fd ckYehfd jkek;.k fgUnqvksa dk vfr izkphu ,oa ekU;rk izkIr xzUFk gS ftldh jpuk Hkxoku JhjkepUnz th ds le; dh gSA ckYehfd jkek;.k ds ckydk.M ds lxZ 18 esa Hkxoku Jhjke pUnz th ds tUe dk fooj.k nsrs gq, muds tUe dk le; _rq xzg.k u{k= vkfn dk egf"kZ ckYehfd }kjk o.kZu fd;k tkrk gS ,oa mlh dze esa egf"kZ ckYehfd us fookfnr LFky dks Hkxoku jke dh tUeLFkyh ekurs gq, ml LFky dks ^^loZyksd ueLd`re~** 'kCn ls O;Dr fd;k gSA Hkxoku Jhjke dh tUeLFkyh ds lEcU/k esa ckYehfd jkek;.k esa fuEufyf[kr Li"V o.kZu gS& rrks ;Ks lekIrs rq _rquka "kV leR;;q%A rr'p }kn'ks ekls pS=s ukofeds frFkkSAA u{k=s·fnfr nSoR;s LoksPp laLFks"kq iaplqA xzgs"kq ddZV yXus okD;krkfoUnquk lgAA izks|ekus txUukFka loZyksd ueLd`re~A dkS'kY;k tuin~ jkea fnO; y{k.k la;qre~AA** ^^21- That Valmiki Ramayana is a very old and recognized treatise of the Hindus, composed during the times of Lord Rama. In 'Sarg' (chapter) 18 of 'Balkaand' of Valmiki Ramayana, Maharshi Valmiki has described the birth of 407 Lord Sri Ramchandra along with the relevant time of birth, season, planet position etc. and in that continuation Maharshi Valmiki has referred the disputed site as the birthplace of Lord Rama and has described it by the term 'Sarvlok Namaskritam' (revered by all). The Valmiki Ramayana contains following specific descriptions about the birthplace of Lord Rama:
After conclusion of king Dashrath's 'Putreshti Yagya' (a sacrifice/ceremony for acquiring a son) and on expiry of 6 seasons, on the ninth day of 'Chaitra' 'Shukla Paksh'(moonlit fortnight) in the 12th month thereafter in 'Punarvasu Nakshtra', 'Kark Lagna' when the Sun, Mars, Saturn, Jupiter and Venus all the five planets were in their respective higher place along with Moon were looking, at that time and place. Kaushalya gave birth to Lord Rama, who incarnated with divine virtues at that very place, and is the master of the entire world and revered by all." (E.T.C.) ^^22- ;g fd Hkxoku Jhjke dk v;ks/;k esa egkjktk n'kjFk ds ;gkWa eka dkS'kY;k ds xHkZ ls tUe] v;ks/;k esa egkjkt n'kjFk dk jkT;] Hkxoku jke dk jkT;kfHk"ksd] cuxeu vkfn dk foLr`r o.kZu djrs gq, v;ks/;k fgUnqvksa dh eq[; rhFkZ LFkyksa ds :i esa of.kZr gSA^^ ^^22- That describing about the birth of Lord Rama in the palace of king Dashrath at Ayodhya through mother Kaushalya, the kingdom of king Dashrath in Ayodhya, the enthroning of Lord Rama, exile in forest etc., Ayodhya has been described as the main pilgrimage of Hindus." (E.T.C.) ^^23- fookfnr LFky Hkxoku jke ds tUeLFky ds :i esa of.kZr gSA /keZxzUFk iwoZ jke rki;ksifu"kn o osn&osnkaxksa esa Hkxoku jke ds /kke 408 ds :i esa tUeHkwfe dk o.kZu gSA^^ ^^23- The disputed site has been described as the birthplace of Lord Rama. In the treatises, 'Purva Rama Tapyopnishad' and 'Veda- Vedangas' the Janmbhumi has been described as pilgrimage of Lord Rama." (E.T.C.) ^^24- ;g fd fgUnqvksa ds izfl) xzUFk LdUn iqjk.k ds oS".ko [k.M esa v;ks/;k egkRE; dk o.kZu gS ftlesa fookfnr Hkwfe dks Hkxoku Jhjke dh tUeHkwfe ds :i esa Li"Vr% of.kZr fd;k x;k gSA oS".ko [k.M ds v;ks/;k egkRE; dh laxr iafDr;kWa fuEufyf[kr gSa& laiwT; fof/koRrL;k n'kZua dk;kZeknjkr~A loZdkekFkZfl};~;FkZeqRloksv~fi 'kqHkizn%A drZO;% lqiz;Rusu xhrokfn=la;qrS%A AA 10 AA uojk=s r`rh;k;ka ;k=k lkaoRljh Hkosr loZnk lq[klarkufl};s ijekFkZnk ukuklaxhrokfn=u`R;ksRloeuksgjk AA 11 AA ,oa d`rs u lansg% loZnk jf{krksa Hkosr~ AA 12 AA ,rRif'pefnXHkkxs orZrs ijeks equs fiaMkjd bfr [;krks ohj% ijeikS:"k% iwT;uh;% iz;Rusu xa/kiq"ik{krkfnfHk% AA 13 AA ;L; iwtko'kkUu`.kka fl};% djlafJrk% rL; iwtkfo/kkusu drZO;a iwtua ujS% AA 14 AA lj;wlfyys LukRok fiaMkjda p iwt;sr~ ikfiuka eksgdrkZja efrna d`fruka lnk AA 15 AA rL; ;k=k fo/kkrO;k liq";k uojkf="kq rRif'pefn[kkHkkxs fo?us'ka fdy iwt;sr~ AA 16AA ;L; n'kZurks i`.kka fo?uys'kks u fo|rs rLekf}?us'oj% iwT;% loZdkeQyizn% AA 17 AA rZLekRLFkkur ,s'kkus jketUe izorZrs tUeLFkkufena izksDra eks{kkfnQylk/kue~ AA 18 AA fo?us'ojkRiwoZHkkxs okfl"VknqRrjs rFkk ykSe'kkRif'pes Hkkxs tUeLFkkua rr% Le`re AA 19 AA ;n`"Vk p euq";L; xHkZoklt;ks Hkosr 409 fcuk nkusu rilk fcuk rhFkSfcZuk e[kS% AA 20 AA uoehfnols izkIrs ozr/kkjh fg ekuo% LukunkuizHkkos.k eqP;rs tUecU/kukr AA 21 AA dfiykxkslgL=kf.k ;ks nnkfr fnusfnus rRQya leokIuksfr tUeHkwes% izn'kZukr~ AA 22 AA vkJes olrka iqalka rkilkuka p ;RQye~ jktlw;lgL=kf.k izfro"kkZfXugks=r% AA 23 AA fu;eLFka uja n`"Vk tUeLFkkus fo'ks"kr% ekrkfi=ksxqZ:.kka p HkfDr eq}grka lrke~ AA 24 AA rRQya leokIuksfr tUeHkwes izn'kZukr~ AA 25 AA** (Hindi translation of the above Shloka hereunder as appended by the witness himself along with his affidavit) **lEiw.kZ dkeukvksa dh flf) ds fy;s fof/k iwoZd vknjiwoZd] rL;k;k%¾v;ks/;k;k% jke tUeHkwekS vFkkZr jke tUeHkwfe dk vknjiwoZd iwtu djds n'kZue~ dk;Z;e~¾n'kZu djuk pkfg,A vkSj ogkWa ij¾jke tUeHkwfe ij vkfi¾Hkh fof/kor iwtu djus ls 'kqHk vFkkZr iq.; dh izn%&izkfIr gksrh gSA** (10) **pS= 'kqDy i{k uojkf= esa r`rh;k ds fnu o"kZ esa ;k=k drZO;%¾;k=k djuh pkfg, vkSj lqUnj iz;RuiwoZd xhr oknu ls ;qDr gksdj bls eukuk pkfg,A lHkh voljksa ij ijekFkZ dks iznku djus okys lq[k vkSj lUrku dh izkfIr ds fy, vusd laxhr oknu vkSj u`R; iwoZd euksgj mRlo eukuk pkfg,A** (11) **bl izdkj mi;qZDr jhfr ls dk;Z dus ij ges'kk j{kk gksrh gS blesa dksbZ Hkh lUnsg ugha gSA** (12) **,rr~¾jke tUeHkwfe ds if'pe fn'kk esa fi.Mkjd bl uke ls [;krks¾izfl) ije iq:"k chj ije eqfu dk LFkku orZrs¾gSaA ml iwT;uh; LFkku dk xU/k iq"i vP{kr vkfn ls iz;RuiwoZd iwtu djuk pkfg,A** (13) **ftlds iwtu ds dkj.k euq";ksa ds gkFk esa flf) izkIr gks tkrh gSA blfy, mldh iwtk euq";ksa dks fof/k iwoZd 410 djuk pkfg,A** (14) **lj;w ty esa Luku djds fi.Mkjd dh iwtk djuh pkfg,A efrean eksg ls xzflr ikfi;ksa dks lnk djuk pkfg,A** (15) **mldh ;k=k uojkf= ds iq"; u{k= esa djuh pkfg,A rr~¾jke tUeHkwfe ds if'pe fn'kk ds Hkkx esa fo/u dks nwj djus okys Jhx.ks'k th dk iwtu djuk pkfg,A** (16) **ftlds n'kZu ls euq";ksa dk fo?u¾d"V] nq%[k FkksM+k Hkh ugha jgrk blfy, fo/us'oj lEiw.kZ dkeukvksa ds Qy dks iznku djus okys iwT;k;%¾iwT;uh; gSaA** (17) **ml LFkku ds bZ'kku dks.k ij jke tUeHkwfe gS ¼tgkWa ij bl le; jke yyk½ fojkteku gSaA bne~¾blh jke tUeHkwfe dks tUe LFkku¾jke tUeHkwfe LFkku ds uke ls izke`ea&tkuk tkrk gS vFkok mDr izdkj ls O;Dr fd;k x;k gS tks ewP{kkfn Qy dks nsus okyk gSA** (18) **fo/us'ojkr~¾fo/u dks nwj djus okys x.ks'k th ds iwoZ Hkkx esa rFkk of'k"Bdq.M ds mRrj Hkkx esa] ykse'k ds if'pe Hkkx esa tUe LFkkua~¾tUeHkwfe dk Le`re~¾Lej.k djuk pkfg,A** (19) **ftl jke tUeHkwfe ij fojkteku Jhjke yyk dk n'kZu djus ds ckn euq"; dks iqutZUe ls eqfDr fey tkrh gSA fcuk nku] fcuk riL;k vkSj fcuk ;K ds gh dsoy jke tUeHkwfe ds n'kZu ek= ls gh eqfDr izkIr gks tkrh gS vFkkZr~ fQj ls xHkZ esa tUe ugha ysuk iM+rkA** (20) **tks euq"; uoeh frfFk dks ozr /kkj.k djrk gS vkSj lj;w esa Luku vkSj v;ks/;k esa nku djrk gS mlds izHkko ls tUecU/ku ls eqfDr fey tkrh gSA** (21) **,d gtkj dfiyk xk; tks izfrfnu nku djrk gS ml nku dk tks Qy euq"; dks feyrk gS ogh Qy Jhjke tUeHkwfe ds n'kZu djus ls izkIr gksrk gSA** (22) 411 **vkJe esa fuokl djus okys euq";ksa dks vkSj rifLo;ksa dks tks Qy izkIr gksrk gS] ,d gtkj jktlw; ;K djus okyksa dks vkSj izfr o"kZ vfXugks= esa gou djus okyksa dks oks Qy izkIr gksrk gSaA** (23) **fu;e esa fLFkr jgdj tks euq"; fo'ks"k :i ls tUeLFkkus¾Jhjke tUeHkwfe ij fLFkr jke th ds n'kZu ls izkIr gksrk gSA ekrk&firk xq:vksa vkSj lTtuksa dh HkfDriwoZd lsok djus ls tks Qy izkIr gksrk gS ogha Qy jketUeHkwfe ds n'kZu ls izkIr gksrk gSA** (24) **ogh Qy Jhjke tUeHkwfe dk ,oa JhjketUeHkwfe es fojkteku Hkxoku jkeyyk ds n'kZu ls izkIr gksrk gSA** (25) (English Translation) "24- That the importance of Ayodhya has been mentioned in 'Vaishnava' part of 'Skanda Purana', famous treatise of Hindus, wherein categorical descriptions are contained about Lord Rama's birthplace. The relevant verses of 'Vaishanava' part relating to importance of Ayodhya, are as under:
"For fulfillment of all desires, we should have Darshan of Ayodhya-situated Ram Janam Bhumi worshipping it duly and respectfully. By duly worshipping Ram Janam Bhumi located there we can attain good results." (10) "On the third day of Chaitra Shukla Navaratri we should make a kartavya yatra (journey of duties) and should celebrate it singing and playing instruments in a beautiful manner and with efforts. On all the occasions we should observe several fascinating celebrations coupled with singing, playing instruments and 412 dancing, for attainment of great bliss and also of children." (11) "In this manner, a man is always protected by working in the afore-said manner. There is no doubt in it. " (12) "On the west of Ram Janam Bhumi lies a place of Pindara, a famous and great sage and great human being. We should worship this adorable place with scent, flowers, rice-grains, etc. "(13)
"Due to that worship human beings can attain Siddhi(accomplishment). Hence, human beings should duly worship it. (14) "After taking a dip in the water of Saryu one should worship Pindarak. The sinners suffering from weak understanding and from attachment should always do the said worship." (15) "Journey to it should be done in the Pushpa Nakshatra of Navratri. In the west part of Ram Janam Bhumi, we should worship Ganesha Ji, remover of obstacles." (16) "As a result of whose darshan human beings do not have any obstacle and pain, even a little sorrow such Vighneshwar is worthy of worship as provider of results of all desires." (17) "On the north-east of that place lies Ram Janam Bhumi (where at present Ram Lala is presiding). The same Ram Janam Bhumi is known as Ram Janam Bhumi Sthan or expressed in the said manner and it is a 413 provider of liberation, etc." (18) "We should remember Janam Bhumi as located in the east part of 'Ganesha Ji' , remover of obstacles, and in the north part of Vashishtha Kunda and in the west part of Lomash." (19) "After having darshan of Sri Ram Lala presiding at that very Ram Janam Bhumi one is liberated from rebirth. Even without making any gift, without practising austerities and without making sacrifices, one attains liberation only with darshan of Ram Janam Bhumi, that is to say, one does not have to take birth from mother's womb again." (20) "One who keeps fast on the ninth day, has a dip in Saryu and offers gifts in Ayodhya, gets liberated from the bondage of birth." (21) "The darshan of Sri Ram Janam Bhumi provides the same results that a man may have by gifting one thousand Kapila cows everyday." (22) "The result that hermits and ascetics residing in Ashrams have, is the same that people have on performing one thousand Rajsuya Yajnas have and on offering 'havans' in fire-pits."(23)
"From the darshan of Ram Janam Bhumi one may get the same results as one may get from having darshan of Ram Ji particularly at Sri Ram Janam Bhumi or from rendering 414 dedicated service to parents, teachers and gentle persons." (24) "One may get the same results from darshan of Lord Ram Lala presiding at Sri Ram Janam Bhumi." (25) (E.T.C) **25- ;g fd vFkoZosn esa v;ks/;k dks nsoh nsorkvksa dh iqjh ds :i esa lackasf/kr fd;k x;k gS tks fuEu izdkj ls gS%& ^^iqja ;ks czgk.kks osn ;L;k% iq:"k mP;rs A 28 A ;ks oS rka czg.kksa osnke`rs iko`rka iqje~ rLeSa czgekL[ p{kq% izk.ke~ iztka nnq% A 29 A u oS ra p{kqtZtgkfr u izk.kkstjl% iqjk iqja ;ks czg~e.kks on ;L;k% iq:"k mP;rs A 30 A v"Vpdzk uo}kjk nsokuka iqjh;ks/;k rL;ka fgj.;;% dks'k% LoxksZ T;ksfr"kko`r% A 31 A** (Hindi translation of the above Shloka hereunder as appended by the witness himself alongwith his affidavit) ^^ml czEg~ iqj dks ftl czEg~ iqj esa czEg~ 'k;u~ djrs gSa vFkkZr ml v;ks/;kiqjh esa ftlesa Jhjke fuokl djrs gSaA og iq:"kkFkZ ds Hkkxh gksrs gSaA** ¼28½ **tks czEg~iqj vFkkZr&v;ks/;kiqj osnksa esa tkuk tkrk gS og iqjh ve`r ls vko`r gS¾ifjiw.kZ gSA oSfnd nsork mls p{kq izk.k] iztk vFkkZr~ lUrku iznku djrs gSaA** ¼29½ **czEg~iqj v;ks/;k dks tkurk gS mldks Hkh p{kq ,oa Kku &foKku ugha R;kxrs vfr o`)koLFkk ds iwoZ izk.k mldks ugha R;kxrs ftlds dkj.k czEg~ iq:"k gks tkrk gS vFkkZr~ ml iqj dks¾v;ks/;k dks tkuus okyk rFkk ml v;ks/;k ds iq:"k Jhjke dks tkuus okyk p{kqLeku nh?kkZ;q ,oa iztkoku gksrk gSA** ¼30½ **tks vkB pdzksa ls ;qDr ukS }kjksa okyh nsokfnnso Hkxoku jke dh v;ks/;k iqjh gS ml v;ks/;kiqjh esa og Lo.kZe; 'ks"kkxkj tgkWa T;ksfr ls lEiu Hkxoku Jhjke izFke ckj 415 ckyd cudj i/kkjs Fks ml ea= esa fgj.;e;% dks'k% LoxZ% 'kCn ls Hkxoku Jhjke ds tUeHkwfe dk Li"V ladsr fd;k x;k gSA bl ea= esa fgj.;% dks'k% LoxZ% bu rhu 'kCnksa ls Hkxoku Jhjke yyk dh tUeHkwfe dk Li"V ladsr gSA** ¼31½ "25. That Atharva Veda addresses male and female deities of Ayodhya as 'Puri' in the following manner:-
"People living in that Brahmapur where Brahma takes rest, that is to say, those living in Ayodhyapuri where Sri Rama resides, attain 'prusharthas'(objectives of life)." (28) "The Brahmapur, that is, Ayodhya Pur, known in the Vedas, is filled with nectar. The Vedic deities provide eyes, souls and subjects, that is, progenies." (29) "One who knows Brahmapur, that is, Ayodhya does not lose eyes and knowledge - special knowledge. Such a person does not lose his soul before getting extremely old due to which he becomes a Brahma-Purush. That is to say, such a person - knower of Ayodhya or knower of Ayodhya's Purush Sri Rama - is blessed with eyes, long life and subjects/progenies."(30)
"With eight wheels and nine gateways, there is Ayodhyapuri of the most revered deity of deities, Lord Rama, which has a 'Sheshagaar' of gold, where Sri Rama, scintillating with light, appeared as a child for the first time. The words "Hiranyamay krodhah swargah"
occurring in that hymn, clearly points to the 416 birthplace of Lord Sri Rama. These three words "Hiranyamay krodhah swargah" in the hymn, clearly refers to the birthplace of Sri Ram Lala." (31) (E.T.C) **26- ;g fd fgUnw /keZ ds izfl) xzUFk ^^:nz;key** ds v/;k;k 30 'yksd 54 esa v;ks/;k iqjh dks lIr izeq[k iqjh ds :i esa of.kZr djrs gq, v;ks/;k dks lHkh rhFkksZ dk eLrd dgk x;k gS rFkk ^^of'k"B lafgrk** uked izfl) /keZ xzUFk esa ^v;ks/;k uxjh fuR;k lfPpnkuUn:fi.kh* ds lEcks/ku ds }kjk lk{kkr~ lrfpr vkuUn :ih Hkxoku dk Lo:i ,oa foxzg :i esa ifjHkkf"kr djrs gq, v;ks/;k dks xks yksd ,oa oSdq.B ls Hkh vf/kd izfrf"Br ekuk x;k gSA blh izdkj dk fooj.k xksLokeh rqylhnkl d`r jkepfjr ekul esa Hkh gSA** "26. That the famous treatise of Hinduism titled "Rudryamal" in verse 54 of chapter 30 depicts Ayodhyapuri as one of the seven main 'puris' (towns) and terms it as the head of all sites of pilgrimage. In the famous religious treatise titled "Vashishtha Samhita", Ayodhya Nagari is addressed as 'Nitya Sachchidanand-rupini' and is defined as the form and individual shape of God, a manifestation of existence, consciousness and bliss, and is regarded as more revered than even 'Go Lok' and 'Vaikuntha'(abodes of God). The same type of description also occurs in the Ram Charit Manas composed by Goswami Tulsidas." (E.T.C.) **27- ;g fd ^:nz;key* fgUnqvksa dk vfr izkphu vk/;kfRed /keZ xzUFk gS ftlesa fookfnr LFky dks Hkxoku Jhjke dh tUeHkwfe dks Li"V :i ls o.kZu fd;k x;k gS rFkk blh xzUFk esa v;ks/;k dks Hkxoku oklqnso] czg~ekth o :nz dk :i ekuk x;k gSA mDr xzUFk dh laxr iafDr;kWa fuEu izdkj gS% vdkjks oklqnsoL;kr~ ;dkjL; rs iztkifr% 417 ÅWdkjks :nz :iL; rq] rke /;k;fUr equh'oj%A ** (Hindi translation of the above Shloka hereunder as appended by the witness himself alongwith his affidavit) ^^bl 'yksd esa v;ks/;k 'kCn dk vFkZ crk;k x;k gSA vdkj] ;dkj] ÅWadkj vkSj /;k dh O;k[;k gSA vdkj¾oklqnso] oklqnso¾jke d.k&d.k esa fuokl djus okys jkeA ;dkj dk vFkZ iztkifr czEg~ek ls gS vkSj ÅWdkj dk vFkZ :nz :i ls gS¾'kadj :i ls gS rFkk /;k 'kCn dk vFkZ equh'oj yksx bu rhuksa nsorkvksa dk /;ku djrs gSa vFkkZr~ bldk HkkokFkZ ;g gS fd v;ks/;k¾czEg~ek] fo".kq] egs'k rhuksa dk :i ftls equh'oj yksx¾lk/kw] lar egkRek yksx v;ks/;k esa lnk bu rhuksa nsorkvksa dk /;ku djrs jgrs gSaA** "27. That 'Rudryamal' is a very ancient spiritual religious treatise of Hindus which clearly depicts the birth place of Lord Sri Rama at the disputed site and this very treatise regards Ayodhya as the form of Lord Vasudeva, Brahma Ji and Rudra. The relevant lines of the said treatise are as follows:
"This verse gives the meaning of the word Ayodhya. it explains 'Akar, Yakar, Omkar, and Dhya'. Akar stands for 'Vasudeva', that is, Vasudeva- Rama who pervades every atom. Yakar means Brahma, creator of the world, and Omkar means Rudra, i.e. Shankara, and Dya stands for sages who meditate about these Trinities. That is to say, it means that Ayodhya is the manifestation of Trinities- Brahma, Vishnu and Mahesh-whom sages, ascetics and saints keep meditating about these Trinities in Ayodhya." (E.T.C.)
354. He claims in para 28 of the affidavit that Muslims and 418 Hindus both live together cordially in Ayodhya and Faizabad, and local Muslims except of a very few believe that the disputed site is the birthplace of Lord Ram and in support thereto has referred to the response given by some of Muslims in Section 145 Cr.P.C. proceedings initiated in 1949. Further in para 30 he says that neither the disputed site had any characteristics or requirement necessary for making it a mosque nor the Muslims in general treat it as such and since time immemorial it is most pious place of Hindus worshipped as birthplace of Lord Ram. Paragraphs 28 and 30 of the affidavit reads as under:
^^28 ;g fd v;ks/;k QStkckn esa LFkkuh; rkSj ij lnSo ls lkEiznkf;d ln~Hkko jgk gS rFkk nksuksa oxksZ esa ijLij lg;ksx rFkk e/kqj lEcU/k jgs gSa rFkk vkt Hkh nksuksa oxksZ esa vR;f/kd lkSgknZ gSA LFkkuh; eqlyeku ¼dsoy dqN fxus pqus fufgr LokFkhZ dV~VjiUFkh eqlyekuksa dks NksM+dj½ fookfnr LFky dks fgUnqvksa ds vkjk/; Hkxoku Jhjke dh tUeHkwfe ekurs gSa rFkk fookfnr LFky dks efLtn ds :i esa dHkh ekuus dks rS;kj ugha gSaA^^ ^^28- That communal harmony has always prevailed at local level in Ayodhya, Faizabad and the relations between both the communities have always remained cordial and cooperative and even today, there is great harmony between the two communities. Local Muslims (except for few orthodox Muslims with vested interests) consider the disputed site to be the birthplace of Lord Rama, the ideal deity of Hindus and are not prepared to treat the disputed site as a mosque." (E.T.C.) ^^30- ;g fd 'kiFkdrkZ ds vc rd ds lkekftd] /kkfeZd] jktuhfrd thou esa reke bLyke etgc ds vuq;k;h] muds mysekvksa rFkk fo}kuksa ls ckrphr gq;hA os lc yksx fookfnr LFky dks bcknr xkg ds :i esa Lohdkj ugha djrs mudk ;g Hkh ekuuk gS fd efLtn esa ehukj o otw ds fy, leqfpr O;oLFkk gksuk vko';d gSA fookfnr LFky ij fLFkr <kWapk esa u rks ehukjsa Fkh] vkSj u gh otw dh dksbZ O;oLFkk FkhA fookfnr 419 LFky Hkxoku Jhjke dh tUeHkwfe gS tks /keZ 'kkL=ksa tuJqfr;ksa izFkkvksa vkfn ds vk/kkj ij izekf.kr gS rFkk vukfn dky ls ml LFkku dks Hkxoku Jhjke dh tUeHkwfe ds :i esa iwftr fd;k tkrk pyk vk jgk gSA** ^^30- That in the till date social, religious and political career of the deponent, he had discussions with a number of followers of Islam, their Ulemas and scholars. They all do not accept the disputed site as 'Ibadatgah' (Muslim place of worship). It is also their belief that a mosque must have minarets and proper arrangement for Wazoo. In the disputed structure over the site, neither there were any minarets nor any arrangement for Wazoo. The disputed site is the birthplace of Lord Rama which is proved by scriptures, hearsay, traditions etc. and from time immemorial that place has been continuously worshipped as the birthplace of Lord Rama." (E.T.C.)
355. DW 3/1, Mahant Bhaskar Das, 75 years of age (as per affidavit dated 29.08.2003), He was cross examined in the following manner :
(a) 29.08.2003- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 30-
35)
(b) 01.09.2003- by plaintiffs (Suit-5) through Sri Ved Prakash, Advocate (p. 36-44)
(c) 01.09.2003- by Ramjanam Bhumi Punruddhar Samiti, defendant no. 20, through Km. Ranjana Agnihotri, Advocate (p. 44-47)
(d) 01/02.09.2003- by defendant no. 11 through Sri Abdul Mannan, Advocate (p. 47-58)
(e) 02/03/04/05/08/09/10/11/12/15/16/17/18.09.2003- by 420 Sunni Central Board of Waqf, defendant no. 9, through Sri Zafaryab Jilani, Advocate (p. 58-234)
(f) 18/19/22.09.2003- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 234-268)
(g) 22.09.2003- defendants no. 6/1 through Sri Irfan Ahmad, Advocate and and defendant no. 6/2 through Sri Fazale Alam, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 268)
356. He is resident of Hanumangarhi Naka Muzaffara, Pargana Haveli Awadh, District Faizabad. He is Sarpanch of Sri Manch Ramanandiya Nirmohi Akhara, Ram Ghat, Ayodhya, plaintiff (Suit-3). Para 2, 5, 6, 7, 13, 14, 40, 41, 42, 43, 44, 56 and 75 of the affidavit basically relates to the details of Nirmohi Akhara, about its formation, constitution, tenets, traditions of working, property it possess etc. and, therefore, shall be referred separately while considering the relevant issue no.17 (Suit-3) pertaining to the constitution and status of Nirmohi Akhara.
357. He (DW 3/1) came to Ayodhya in 1946 at Hanuman Garhi. At that time Sri Baldev Das was Mahant of hanuman Garhi and Panch Nirmohi Akhara Ramghat, Ayodhya. He was also priest of Sri Ramjanambhumi, Ayodhya. He became pupil of Mahant Baldev Das after performing Manch Sanskar. He claim that the disputed premises is believed to be the birthplace of Lord Ram throughout the world and said :
^8- fookfnr eafnj] izkphu uke jketUeLFkku jgkA 'kq# esa blh uke ls izpfyr jgh gS] ysfdu lkekU;r% iwjs lalkj esa jketUeHkwfe ds uke ls izfl) gSA jketUeHkwfe dk oSfnd o lukru egRo fgUnw /keZ ds vuqlkj blfy, cgqr T;knk gS fd fo".kq vorkj Hkxoku jkepUnz dk tUe o vorkj blh LFky ij gqvkA bl vkLFkk dk izek.k eq>s ckYehfd jkek;.k] 421 LdUn iqjk.k] #nz;key] rqylhd`r jkepfjrekul vkSj fofHkUu ,sfrgkfld o lkfgfR;d xzUFkksa esa gS] ftldk fooj.k vkxs nwWaxkA^^ "8. The ancient name of the disputed temple was Ramjanmsthan. Initially it was famous by this name, but usually is famous as Ramjanmbhumi in the whole world.
The Vedic and Sanatan importance of Ramjanmbhumi is even more on the ground that Vishnu incarnate Lord Ramchandra had been born or descended at this place. The evidence of this belief has been found by me in Valmiki Ramayana, Skand Purana, Rudrayamal, Tulsidas composed Ramcharit Manas and other historical and literary works, which shall be referred by me later." (E.T.C.)
358. The Ramjanambhumi Temple and the premises was in possession and ownership of plaintiff, Nirmohi Akhara and in paras 9, 15, 16, 29, 30, 31, 32 and 35 DW 3/1 has said as under:
^9- eq[; o jkeyyk] y{e.kth] guqekuth] lkfyxjke Hkxoku fookfnr eafnj Jhjke tUeHkwfe o mlds bnZ&fxnZ ftrus NksVs&cM+s eaafnj o /kkfeZd LFky gSa] tSls&NBh iwtk LFky] jkepcwrjk eafnj LFkku] "k"Veq[kh 'kadj Hkxoku] x.ks'kth] lhrkdwi eafnj] xqQk eafnj] lqfe=k eafnj] yksel lekf/k vkfn ftruh tk;nkn gSa] ;s lc fefYd;r oknh fueksZgh v[kkM+k gS vkSj mlds dCts o bUrtke esa dbZ lkS lky igys ls dqdhZ vkSj vf/kxzg.k ds le; rd cjkcj jgh gS cgSfl;r loZjkdkj egUr fueksZgh v[kkM+k iapksa dh jk; ls ns[krs jgs gSaA bl eafnj esa fojkteku Hkxoku jkeyyk ds izk.k&izfr"Bk] ekuo Le`fr ds igys fueksZgh v[kkM+s ds fdlh egUr us djkbZ Fkh] vkSj ,sls gh jkepcwrjs ij Hkxoku jkeyyk dh ekuo Le`fr ds igys fueksZgh v[kkM+s ds fdlh egUr us jkepcwrjs ij Hkh izk.k&izfr"Bk djkbZ FkhA og Hkh oSfnd jhfr ls gqbZ FkhA vkSj blh izdkj NBh LFky ij pkjksa Hkkb;kas dh pj.k&fpUg dh izfr"Bk ekuo Le`fr ds igys fueksZgh v[kkM+s ds fdlh egUr us djkbZ FkhA^^ "9. The main disputed Sri Ramjanmbhumi temple, 422 Ramlala, Laxman ji, Hanuman ji, Saligram, all the big-
small temples and religious places in the vicinity viz. Chhathi worship place, Ramchabutara temple, six faced Lord Shankar, Ganesh ji, Sitakoop temple, cave temple, Sumitra temple, Lomash Samadhi etc., were all the ownership of plaintiff Nirmohi Akhara and till the attachment and acquisition it has been under its control and management for hundreds of years in the capacity of Sarvrakar Mahant Nirmohi Akhara on advice of Panch. The 'Pran Pratishtha' of Lord Ramlala present in this temple, had been carried out by some Mahant of Nirmohi Akhara in period beyond human memory. Similarly, the 'Pran Pratishtha' of Lord Ramlala at Ramchabutara had been carried out by some Mahant of Nirmohi Akhara in period beyond human memory. It had also been carried out as per Vedic rites. Similarly, the 'Pratishtha' of footmarks of the four brothers at Chhathi place had been carried out by some Mahant of Nirmohi Akhara in period beyond human memory." (E.T.C.) ^15- 10 ekpZ] 1949 ds nLrkost esa eafnj jketUeHkwfe dk iwjk fooj.k fn;k x;k gSA 1- ,dne ckgjh nhoky yxHkx 135&140 fQV gskxhA chpkschp esa xsV gSA 2- lh[kps okyh nhoky Hkh yxHkx 100 fQV yEch gSA 3- lh[kps okyh iwohZ nhoky esa nks njoktk jgs gSaA 4-nksuksa njokts cjkcj Fks] tks vkil esa 90 ;k 92 fQV ds Qklys ij FksA^^ "15. In the record dated 10th March, 1949, the complete description of Ramjanmbhumi temple has been given.
1. The immediate outer wall would be about 135-140 feet. There is a gate at the centre.
4232.The grill wall is also about 100 feet long.
3.There were two gates in the eastern grill wall.
4.Both the gates were equal at a distance of about 90 or 92 feet from each other." (E.T.C.) ^16- eq[; eafnj ds lkeus lgu gS lh[kps okyh nhoky gS vkSj mlds ckn ckgjh Hkkx esa jkepcwrjk eafnj nf{k.k iwoZ dksus ij gkrs ds vUnj f'ko njckj ihiy ds isM+ ds uhps fLFkr gS] vkSj NBh LFky lh[kps okyh nhoky ds mRrj gSA ckgjh Hkkx esa lh[kps okyh nhoky ds iwoZ jkepcwrjk eafnj ds mRrj fueksZgh v[kkM+s dk dksBkj o Hk.Mkj gS o Lkk/kqvksa ds jgus ds LFkku FksA Hkhrjh o ckgjh Hkkx lnSo fueksZgh v[kkM+s ds dCts esa jgk gSA ckgjh Hkkx esa mRrjh nhoky gS tks yxHkx 2 QqV pkSM+h gS ckgjh vkSj Hkhrjh Hkkx esa izos'k ds fy, igyk njoktk mRrj rjQ flag}kj dgykrk gS flag}kj ls FkskM+k mRrj iwoZ gVdj lhf<+;ka cuh FkhaA blds vykok Hkhrjh&ckgjh Hkkx dk ,dne ckgj ls dksbZ njoktk ugha gSA fookfnr eafnj ds ihNs ifjdzek ekxZ gS] tks yXkHkx 5 ;k 6 fQV pkSM+k gSA ifjdzek ekxZ ds if'pe o FkksM+h nwj nf{k.k <kbZ rhu QqV mWaph ,d QqV pkSM+h eqaMsjh cuh FkhA eqaMsjh ls if'pe 25 ls 30 fQV dk nqdku gSA mRrj njoktk fVu dk Fkk tks fd vDlj cUn jgrk Fkk v;ks/;k esa izfl) rhu esyk pS= jke uoeh ds fnu dkfrZd iwf.kZekk o ifjdzek esa yxHkx 15 fnu vkSj lkou >wyk esa 15 fnu n'kZukFkhZ c<+us ds dkj.k [kksyk tkrk FkkA iwoZ njokts esa QkVd ugha Fkk og [kqyk jgrk FkkA ysfdu ml njokts ls Hkh dsoy fgUnw n'kZukFkhZ gh izos'k ikrs Fks D;ksafd jketUeHkwfe dh fuR; ;k=k gksrh gS ftlesa n'ZkukFkhZ vkrs&tkrs FksA jaxhu ,yce fp= ua0 69-70 NV~Bh iwtk csyuk] 104 ls 108] ls 114 rd dlkSVh iRFkj gS] ls 127 rd rFkk 136 ls 138 ls 144 rd rFkk 144 ls 147 rd] 152 o 156 [kEHkk dlkSVh e; ?k.Vk Vaxk gSA 160 ls 162 rd dlkSVh [kEHkk gSA 181 ls 186 dlkSVh [kEHkk e;fp= ds 187 ls 198 e; fp= ds] 193 ls 200 rd [kEHkk iwoZ okys njokts ds vxy&cxy dlkSVh iRFkj ds nks [kEHks yxs FksA^^ "16. Opposite the main temple, is the courtyard, the grill wall and thereafter is the Ramchabutara temple in the south east corner of the outer part and the Shiv Darbar is 424 situated below the Pipal tree inside the premises. The Chhathi place is to the north of grill wall. The granary and store room and saints' accommodation of Nirmohi Akhara is situated in north of the Ramchabutara temple to east of the grill wall in the outer part. The inner and outer part always remained in possession of Nirmohi Akhara.In the outer part, is the northern wall which is 2 feet wide. The first gate in the north for entering the inner and outer part, is called Singhdwar. There were steps a bit away from the Singhdwar in the north east. Apart from this there was no immediate gate from outside leading to the inner-outer part. Behind the disputed temple, is the circumambulation path about 5-6 feet wide. To the west of the circumambulation path and at a short distance in south, there was a 2 ½ - 3 feet high and 1 foot wide 'Munderi'. There was a shop at a distance of 25-30 feet to the west of the 'Munderi'. The northern gate was of tin, which mostly remained closed and was opened due to increase in number of devotees on the occasion of three main fairs of Ayodhya viz. 'Chaitra Ramnavami', for 15 days during Kartik Purnima and circumambulation and 15 days during Sawan Jhula. There was no door in the eastern gate and it remained open. However, the Hindu devotees entered through that gate as well because devotees used to visit on occasion of 'Nitya Yatra' of the Ramjanmbhumi. The photograph nos. 66, 70 of the coloured album are 'Chhathi Puja Belna', nos. 104 to 108, to 114 are touchstones, and the touchstone pillar with gong is from (-) to 127, from 136 to 138, to 144 and from 144 to 147, 152 and 156. The touchstone pillar is from 160 to 162. From 181 to 186 425 touchstone pillar along with picture from 187 to 198 along with picture, pillar from 193 to 200. On sides of the eastern gate were two pillars of touchstone." (E.T.C.) ^^29- jkepcwrjk ds mRrj ckgjh Hkkx esa gkrs ds vUnj fVu'ksM Mkydj ckgjh nhoky ls lVs dksBkj fuokl] /kwuh o ty fiykus ds fy, cuk gqvk Fkk tks izkphudky ls dk;e pyk vk jgk Fkk esjs ogka tkus ls igys ls dk;e Fkk] ;g ckr eq > s esj s xq # th us crkbZ FkhA^^ "29. In the northern outer part of Ramchabutara, the granary, accommodation, smoke-fire and watering place existed inside the premises by putting a tin shed, which existed since ancient times. It was there before I visited that place, and this was told to me by my master." (E.T.C.) ^^30- vUnj okys Hkkx esa xHkZx`g gS] ftlesa Åij rhu f'k[kj cus Fks] tks xksy Fks] eafnj esa xksy f'k[kj Hkh gksrs gSa vkSj Hkhrjh Hkkx ds ckgj vUnq#uh lgu esa lh[kps okyh nhoky rhu rjQ gSaA mRrj vkSj iwoZ iwjh gSaA ysfdu nf{k.k rjQ FkksM+k lh[kps okyk ckdh nhoky ls cUn gSaA lh[kps okyh nhoky ls xHkZx`g tkus ds fy, lh[kps okyh mRrjh nhoky ds mRrj NBh iwtu LFky gS tks igys c;ku dj pqdk gWswA tks esjs ogka tkus ds igys ls gS] ftldk s esj s xq # th us crk;k gS A ^^ "30. The 'Garbh-grih' existed in the inner part, over which there were three domes round in shape. Round domes are found in temples as well. The grill wall exists on three sides in the inner courtyard outside the inner part. However, the southern direction is bounded a bit by the grill wall and rest by wall. As already stated, the 'Chhathi' worship place is to the north of the northern grill wall leading to the 'Garbh-grih'. It existed there prior to my visit, and was told to me by my master." (E.T.C.) ^31- tc dqdhZ dh dk;Zokgh gqbZ rks 145 dk eqdnek esjs xq# ckck cYnso nkl th fueksZgh v[kkM+k dh rjQ ls iSjoh djrs Fks] eSa Hkh cjkcj 426 lkFk tkrk Fkk vkSj QnZ cuh dqdhZ dh e; nks v"V/kkrq dh Hkxoku jkeyyk ,d cM+h ,oa ,d NksVh N% Hkxoku lkfyd jke] pkWanh ds flagklu ij nks fQV ÅWaps ij fojkteku FksA ,d ewfrZ guqeku th dh ik"kk.k dh gS] nks fp= ij jketkudh] ,d NksVh QksVks cnzhukFk] ,d NksVh QksVks jketkudh dh] blds vykok ik"kZn Hkxoku ds oL= vkSj tsojkr gSaA dqdhZ ek= HkwxHkZ okys Hkkx o Hkhrjh Hkkx dk gqvk ftldh QnZ esa pkSgn~nh fuEufyf[kr rkSj ij gSA mRrj gkrk] NV~Bh pj.k fpUg fueksZgh v[kkM+k] nf{k.k ijrh tehu ifjdzek ekxZ] iwjc pcwrjk eafnj jketh ckdCtk fueksZgh v[kkM+k] if'pe ifjdzekA bl dqdhZ esa eafnj iwtu NBh iwtu LFky] eafnj jkepcwrjk] dksBkj lar fuokl] "k"Veq[kh Hkxoku ;kuh gkrs ds vUnj dk leLr ckgjh Hkkx dqdhZ esa ugha FkkA ;s leLr gkrs ds vUnj dk ckgjh Hkkx ;kuh jkepcwrjk NBh iwtu LFky] dksBkj Hk.Mkj] "k"Veq[kh Hkxoku fueksZgh v[kkMk ds dCts esa fpjdky ls pyk vk jgk FkkA^^ "31. At time of the attachment, the case under section 145 was being pursued by my master Baba Baldev Das on behalf of Nirmohi Akhara. I always accompanied him . A memo of attachment was prepared which included two, one big and one small Ashtadhatu idol of Lord Ramlala, six Salikram present over two feet tall silver throne, one stone idol of Hanuman ji, two photographs of Ram Janki, one small photograph of Badrinath, one small of Ram Janki and attire and jewellery of Parshad Bhagwan. The attachment was carried out only of the ground part and inner part, whose boundary was given in the memo as under. North-courtyard, Chhathi footmark Nirmohi Akhara, South-vacant land, circumambulation path, East-
Chabutara temple of Rama ji under possession of Nirmohi Akhara, West- circumambulation. The temple worship, Chhathi worship place, Ramchabutara temple, granary, saints' accommodation, six faced deity i.e. the 427 complete outer part inside the courtyard was not included in this attachment. All this i.e. the entire outer part inside the courtyard viz. Ramchabutara, Chhathi worship place, granary, store, six faced deity had been in possession of Nirmohi Akhara since time immemorial." (E.T.C.) ^^32- fueksZgh v[kkM+s dh jhfr fjokt ds vuqlkj v[kkM+s ds iap Hkh tUeHkwfe eafnj ds bnZ fxnZ vius NksVs&NkssVs eafnj cukdj rFkk _f"k;ksa ds uke ij lekf/k dk;e djds jgrs FksA ftlesa ls lqfe=k Hkou] lhrkdwi eafnj] jkeyyk eafnj] lkfyd jke eafnj vkfn dk;e pys vk jgs FksA^^ "32. According to customs of Nirmohi Akhara, the Panch of Akhara also used to live near the Janmbhumi temple by building small temples and establishing 'Samadhis' in the names of 'Rishis' (ascetics), out of which Sumitra Bhawan, Sitakoop temple, Ramlala temple, Salik Ram temple continued to exist." (E.T.C.) ^^35- Jhjke tUeHkwfe ds iwohZ njokts ds n'kZukfFkZ;ksa dks Qy&Qwy] crk'ks vkfn p<+kus dk Bsdk lkykuk gksrk FkkA tks dke fpjdky ls fueksZgh v[kkM+s ds igys ds egUFkku djrs pys vk jgs Fks vkSj Bsdk ysus okyks ls bdjkjukek fy[kk ysrs Fks vkSj lhrkdwi ls ;kf=;ksa@n'kZukfFkZ;ksa dks ifo= ty] fiykus ds fy, czkg~e.kksa dks Bsdk fn;k tkrk FkkA ftldk eglwy egUr v[kkM+k fy;k djrs FksA ftrus cps gq, miyC/k bdjkjukes Fks ftudks eSaus nkf[ky fd;k gS vkSj cgqr ls dkxtkr ywV fy;s x;s Fks ftudh fjiksVZ gqbZ FkhA^^ "35. The contract of offering flower-fruits, sweets etc. of the devotees of the eastern gate of Sri Ramjanmbhumi, was given on annual basis and since time immemorial this work had been done by the earlier Mahants of Nirmohi Akhara and the contractors were required to execute an agreement. The contract to provide holy water to the visitors/devotees from the Sita Koop, was given to the 428 Brahmans and its consideration was received by the Mahant. The available agreements have been filed by me and many have been looted away, whose report had been lodged." (E.T.C.)
359. DW 3/1 denied user of premises in dispute inside or outside the courtyard by Mislims as mosque, tried to prove photographs as that of disputed premises, admits of being prosecuted in 1950 on the charge of destruction of certain graveyards but acquitted in appeal, was doing pairavi on behalf of Nirmohi Akhara in the proceedings initiated under Section 145 Cr.P.C. In paras 77, 78 and 81 he specifically said further about the possession and ownership of Nirmohi Akhara at the disputed premises as under:
^^77- Hkxoku jkeyyk fojkteku eq[; eafnj Jhjke tUeHkwfe dk lso;fr vf/kdkj fueksZgh v[kkM+k iapk;rh eB dk lnSo ls jgk gS vkSj lnSo crkSj loZjkdkj fueksZgh v[kkM+k }kjk egUr v[kkM+k] elfojk iapku v[kkM+k] Hkxoku dh lsok iwtk] jktHkksx] mRlo leS;k jkekuUnh; oSjkxh lEiznk; ds ijEijk ds jhfr&fjokt tks izpfyr gS] dqdhZ dh rkjh[k 29- 12-1949 rd djrh vk;h gSA vkSj ckgjh Hkkx ;kuh dqdZ'kqnk Hkhrjh Hkkx ds iwoZ&mRrj o nf{k.kh Hkkx vUnj ckgjh pgkjnhokjh esa jkepcwrjk eafnj esa fojkteku Hkxoku jkeyyk o nhxj nsorku dk iwtk&ikB Hkh fueksZgh v[kkM+k cekSftc jkekuUnh; oSjkxh lEiznk; egUr v[kkM+k }kjk o elfojk iapku v[kkM+k o iqtkjh nwljh dqdhZ Qjojh 1982 rd djrs pys vk;s gSa vkSj ckgjh ifjlj dk bUrtke Hk.Mkjx`g] lar fuokl lHkh dk ns[kHkkr fueksZgh v[kkM+k gh djrk jgk gSA^^ "77. The Sewait right of Sri Ramjanmbhumi temple with Lord Ramlala present, has always been vested in Nirmohi Akhara Panchayati Math and the Mahant Akhara, Masvira Panchan Akhara, worship of God, Rajbhog, Samaiya festival were all performed by Nirmohi Akhara as 'Sarvarakar' as per the Ramanand recluse sect till the date 429 of attachment i.e. 29.12.1949. The worship of Lord Ramlala present over the Ramchabutara inside the outer boundary in east-north and south of the inner part of the attached portion or the outer part, and other deities was carried out by the Nirmohi Akhara through Ramanand Recluse sect Mahant Akhara and on advice of Panch of Akhara and priests, till the second attachment in 1982 and the management of the outer premises, store room, saints' accommodation was all carried out by Nirmohi Akhara."
(E.T.C.) ^^78- NV~Bh iwtu LFky o f'ko njckj dk bUrtke ns[kHkky fueksZgh v[kkM+k djrk jgk gSA tks fd Qjojh 1982 rd fd;k gSA ges'kk ls fueksZgh v[kkM+k vius iap] iqtkjh o lk/kqvksa }kjk ckgjh o Hkhrjh Hkkx dk bUrtke ns[krs gq, dkfct jgs gSaA eafnj ckgjh o Hkhrjh nksuksa ij p<+kok] nzO;] fe"Bku] Qy&Qwy vkfn fueksZgh v[kkM+k ds lk/kqvksa }kjk xzg.k gksrk Fkk rFkk izlkn o pj.kke`r vkfn ;gh yksx HkDrksa dks nsrs FksA eafnj ds ckgj iwohZ xsV ij crk'kk&Qwy vkfn dk Bsdk fueksZgh v[kkM+k }kjk cgqr le; ls fn;k tkrk jgk gSA eq[; eafnj dh dqdhZ ds ckn Hkh eq[; xsV ds ikl okyh nqdku lhrk jke ;kno dks nh xbZ Fkh tks 1962 rd ogka jgsA^^ "78. The management of 'Chhathi' worship place and Shiv Darbar was carried out by the Nirmohi Akhara, till February, 1982. The Nirmohi Akhara has always managed and remained in possession over the outer and inner part through its panch, priest and saints. The offerings, money, sweets, fruits-flowers were accepted by the saints of Nirmohi Akhara both in the inner and outer temple, and they used to distribute the blessings and foot nectar to the devotees. The contract of sweet-flower etc. at the eastern gate outside the temple, was given by the Nirmohi Akhara since much time. Even after the attachment of the main 430 temple, the shop near the main gate was given to Sita Ram Yadav, who remained there till the year 1962." (E.T.C.) ^^81- Hkhrjh Hkkx esa Hkxoku jkeyyk 1934 ds igys ls fojkteku gSa vkSj 1934 bZ0 ls yxkrkj fueksZgh v[kkM+k }kjk dCtk o n[ky gS tks eqlyekuksa dh tkudkjh esa gSA ogka Bkdqj th fojkteku gSa ftldk iwtk&ikB] jktHkksx lHkh fueksZgh v[kkM+k dh rjQ ls gksrk pyk vk jgk gSA bl rkSj ij 29 fnlEcj] 1949 dks Hkhrjh Hkkx dh dqdhZ ds fnu Hkh v[kkM+s dk dCtk jgk gSA og Hkh fefYd;r fueksZgh v[kkM+k esa /kkfeZd U;kl gksus ds dkj.k fufgr gks xbZ gSA^^ "81. Lord Ramlala has been present in the inner part from period prior to the year 1934 and from the year 1934 AD the Nirmohi Akhara has been in possession, within the knowledge of the Muslims. Thakur ji is present there and the worship, Rajbhog have all been carried out on behalf of Nirmohi Akhara. Accordingly, on the day of attachment of the inner part i.e. 29th December, 1949, the Akhara was in possession. That ownership has also vested in the Nirmohi Akhara on account of being a religious trust." (E.T.C.)
360. DW 3/2, Raja Ram Pandey, 87 years old (vide affidavit dated 22.09.2003). He was cross examined in the following manner:
(a) 22.09.2003- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 17-
19)
(b) 22/23.09.2003- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 20-23)
(c) 23.09.2003- by Ramjanam Bhumi Punruddhar Samiti, defendant no. 20, through Km. Ranjana Agnihotri, Advocate (p. 23-24) 431
(d) 23.09.2003- by defendant no. 11 through Sri Abdul Mannan, Advocate (p. 24-26)
(e)23/24/25/26/29/30.09.2003, 01/13/14/15/20/21/22.10.2003 - by Sunni Central Board of Waqf, defendant no. 9, through Sri Zafaryab Jilani, Advocate (p. 27-141)
(f) 22/23/24/28/29.10.2003, 13.11.2003- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 141-
211)g) 13.11.2003- defendants no. 6/1 through Sri Irfan Ahmad, Advocate and and defendant no. 6/2 through Sri Fazale Alam, Advocate and defendant no. 26 (Suit-5) through Sri Izhar Husain Siddiqui, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 211)
361. DW 3/2 is resident of Mandir Ramkot, Kaushalya Ghat, Ayodhya, District Faizabad, came to Ayodhya in 1930 and since then daily visiting the temples of Sri Ramjanambhumi, Hanuman Garhi and Kanak Bhawan. The Janambhumi Temple is about 400 yards from his residence. He gave the details of 1934 riot in paras 4 and 5 of the affidavit as under:
^ "4- lu~ 1934 ds naxk esjh tkudkjh esa gqvk Fkk tks fgUnw&eqfLye naxk ds uke ls e'kgwj gSA ekpZ essa gqvk FkkA bl naxs esa eqlyeku dkQh ekjs x;s Fks vkSj dkQh dfczLrku {kfrxzLr fd;s x;s FksA esjs tkudkjh esa v;ks/;k esa jketUeHkwfe eafnj ds bnZ&fxnZ eksgYyk lqVgVh esa ikap ?kj vkyexat dVjk esa pkj ?kj Vs<+h cktkj esa rhu&pkj ?kj] ikath Vksyk dft;kuk esa pkj iakp ?kj esa eqlyekuksa dh vkcknh FkhA blds vykok eksgYyk csxeiqjk] eqxyiqjk o lS;nokM+k feykdj rhu pkj ?kj gSa ftlesa dqN f'k;k Hkh gSaA^^ "4. The riot of the year 1934 had broken out in my 432 knowledge, which is famous as Hindu-Muslim riot. It had broken out in March. Many Muslims were killed and a large number of graveyards were damaged in this riot. In my knowledge, in the vicinity of Ramjanmbhumi temple in Ayodhya there were 5 houses of Muslims in Mohalla-
Suthati, 4 in Alamganj Katra, 3-4 in Tedhi Bazar and 4-5 in Panji Tola Kaziyana. Besides these, there are in all 3-4 houses in Mohalla- Begumpura, Mughalpura and Saidwada, out of which few are of Shias." (E.T.C.) ^^5- 1934 ds naxs ds le; esa eSa 19&20 o"kZ dk FkkA ml naxs esa dkQh la[;k esa eqlyeku ekjs x;s Fks] dczsa rksM+h xbZ Fkha] ysfdu Jhjke tUeHkwfe eafnj dk dksbZ Hkkx ;k f'k[kj dh rksM+ QksM+ ugh gqbZ FkhA ckgjh nhokj ekewyh {kfrxzLr gqbZ FkhA tgka rd eq>s ;kn gS nks eqlyeku nhoku Fks] uke ;kn ugha gSa] ml le; dksbZ vaxzst Mh0,e0 FksA bl naxs ds ckn eqlyekuksa esa ng'kr QSy xbZ Fkh vkSj Jhjke tUeHkwfe eafnj ds rjQ tkrs gh ugha FksA^^ "5. I was aged 19-20 years at time of the riot of 1934. A large number of Muslims were killed in that riot, graves were destroyed but no part of the Sri Ramjanmbhumi temple or its dome was damaged. The outer wall was damaged slightly. To the best of my memory, there were two Muslim Diwans, whose names I do not remember. There was some British D.M. at that time. The Muslims were terror stricken after this riot and they stopped going towards the Sri Ramjanmbhumi temple." (E.T.C.)
362. In paragraphs no. 6, 7, 8, 16, 19, 22 and 27 of the affidavit he has made statement about his continuous worship in the inner and outer courtyard both, idols placed under the central dome (Garbhgrih), other facts in support of the above and about the priest etc. at the above place, as under:
"6- lu 1930 ls tc ls eSa v;ks/;k vk;k ges'kk ls n'kZu djrk jgk 433 gWwaA xHkZx`g Hkkx dk n'kZu Hkh fd;k gS tgka jkeyyk th ydM+h ds flagklu ij fojkteku jgs gSaA lu 1934 esa lsgu ds ckgj ydM+h ds pkS[kV ls taxys ca/ks Fks] tgka ckn esa yksgs ds lh[kps yxk fn;s x;sA ckgjh Hkkx esa tks nhoky gkrs dh nhoky ls f?kjk Fkk] esa gh vkus&tkus ds jkLrs cus gq, Fks] iwjc okyk xsV [kqyk jgrk FkkA iwjc okys xsV esa mRrj&nf{k.k nks [kEHks dlkSVh ds yxs Fks] ftls eSa lu 1930 ls ns[k jgk gWwa] ml [kEHks esa ewfrZ mdsjh Fkh ftls guqekuth dh ewfrZ crkrs gSa vkSj blfy, ml }kj dk uke guqer}kj izpfyr jgk gS vkSj Qwy iRrh fp=dkjh Hkh FkhA lok fQV pkSM+k vkSj rhu fQV ÅWapk f'kykiV yxk gqvk gS ftlesa vad ,d fy[kk gS] vkSj nsoukxjh fyfi esa fy[kk gS^^ Jh tUeHkwfe fuR; ;k=k^^ o vaxzsth esa Hkh tUeHkwfe fy[kk ;kuh iRFkj esa [kqnk gSA^^ "6. I always had 'darshan', since the year 1930 when I came to Ayodhya. I had the 'darshan' of 'Garbh-grih' portion also, where Ramlala was present over a wooden throne. In the year 1934, the windows outside the courtyard were fixed in wood-panes, where iron grills were fixed subsequently. The ingress-egress passage existed in the wall surrounded by the courtyard wall in the outer part. The eastern gate remained open. To the north south of the eastern gate, were two touchstone pillars, which I had been witnessing from the year 1930. An idol had been engraved over the said pillar, which is termed as the idol of Hanuman ji and due to this the said gate was famous as Hanumatdwar. The picture of flower-leaves were also present. There is a 1 ¼ feet wide and 3 feet long stone slab, over which the figure 1 and 'Sri Janmbhumi Nitya Yatra' is written or engraved in Devnagari script as well as Janmbhumi in English."(E.T.C.) ^^7- jketUeHkwfe eafnj dh ckgjh nhoky iwjc mRrj o nf{k.k ftruh Hkh cuh Fkh lcdh ÅWapkbZ yxHkXk 8&9 QqV ÅWaph o djhc nks fQV pkSM+h 434 FkhA ckgjh gkrs ds vUnj Hkkx esa nf{k.k rjQ jkepcwrjk eafnj gS ftldh yEckbZ pkSM+kbZ 21^ ;k 22^ x 17^ ;k 18^ fQV ds yxHkx gSaA ;g pcwrjk djhc 3 fQV ÅWapk gSA pcwrjs ds ÅWaij flagklu gS ftlesa jkeyyk fojkteku gSa] ;g flagklu ydM+h dk gS] xaxk tequh 'kSyh dk gS ;kuh lksus pkanh ds iRry yxs jgs Fks] bl pcwrjs ds rhu fQV ÅWapkbZ okys Hkkx esa iwjc if'pe xqQk eafnj gS] bl xqQk eafnj esa dkS'kY;k th dkx Hkqlf.M th iwjc okys esa Fks rFkk if'pe xqQk esa Hkjr th fojkteku FksA bl pcwrjs ls iwjc o nf{k.k dksus esa ihiy o uhe ds ,dtkbZ isM+ ds
v)Zxksy pcwrjs ij "k"Veq[kh 'akdj Hkxoku] uUns'ojth] x.ks'kth] ikoZrhth vkfn nsork fojkteku FksA ckgjh Hkkx esa gkrs ds vUnj lh[kps okys nhoky ds mRrj] mRrjh QkVd ds vUnj Hkh NBh iwtu LFky] ,d fcRrk ÅWaps pcwrjs ij cuk FkkA NBh iwtu LFky ftlesa pkj tqxqy pj.k fpUg] pkSdk csyuk] pwYgk cuk Fkk] ;s pkjksa pj.k fpUg Hkxoku jke ds pkjksa Hkkb;ksa ds tqxqy pj.k fpUg FksA^^ "7. The eastern, northern and southern outer walls of Ramjanmbhumi temple were all about 8-9 feet high and about 2 feet thick. The Ramchabutara temple is southwards in the inner part of the outer courtyard, whose dimensions are about 21^ or 22^ x 17^ or 18^ feet. This Chabutara is about 3 feet high. Above the Chabutara is a throne, over which Ramlala is present. This wooden throne is of Ganga Jamuni style i.e. it has gold-silver plates. The cave temple is in east west of the 3 feet high portion of this Chabutara.
Kaushalya ji and Kaagbhushundi ji are in the east cave temple and Bharat ji is present in the western cave. Six faced Lord Shankar, Nandeshwar ji, Ganesh ji, Parvati ji and other deities were present over the semi circular platform of Pipal and Neem tree in east and south corner of this Chabutara. The Chhathi worship place existed over a one palm high platform inside the northern gate, to the north of the grill wall inside the courtyard of the outer 435 part. Four pairs of footmarks, Chauka-Belna, stove were present at the Chhathi worship place. These four footmarks, were the pair of footmarks of all four brothers of Lord Rama." (E.T.C.) ^^8- NBh iwtu LFky /kkfeZd n`f"Vdks.k ls iwtuh; LFky Fkk ftlesa Hkh vkjrh gksrh Fkh] fu;fer gksrh Fkh ftlesa fgUnw /keZ ds yksx iwtu o ueu djrs Fks A xHkZx`g esa fojkteku jkeyyk o jkepcwrjk eafnj ij fojkteku jkeyyk o vU; nsoLFkku ihiy ,oa uhe ds uhps fojkteku f'ko nsorku NBh iwtu LFky o pj.k fpUg lHkh /kkfeZd LFkyksa dh fu;fer iwtu o vkjrh fueksZgh v[kkM+s ds iqtkjh o lgk;d iqtkjh djrs FksA HkDrksa o n'kZukfFkZ;ksa }kjk mijksDr lHkh LFkyksa dk n'kZu] iwtu] izlkn] Qwy] nzO; p<+krs] eSaus cjkcj ftl lky ls v;ks/;k vk;k rHkh ls cjkcj 6-12-92 lu 1992 fnlEcj rd ns[krk jgk gWsawA^^ "8. The Chhathi worship place was a revered place from religious point of view, where 'Arti' was performed regularly and the same was attended by Hindus. The regular worship and 'Arti' of all religious places including Ramlala present in 'Garbh-grih', Ramlala and other deities present in Ramchabutara temple, Shiva present under the Pipal and Neem tree, the Chhathi worship place and footmarks, were carried out by the priest and assistant priest of Nirmohi Akhara. From the year when I came to Ayodhya to 6th December,1992, I have regularly seen the devotees perform 'darshan', worship and offer sweets, flower, money at all the said places." (E.T.C.) ^^16- o"kZ 1930 esa tc eSa igyh ckj vk;k rks fueksZgh v[kkM+k ds egUr ujksRre nkl Fks] mlds ckn egUr jke pju nkl gq,] ek0 jkepju nkl ÅWaps Mhy MkSy ds lkQk cka/krs Fks] ryokj yxk ?kksM+s ij pyrs Fks vkSj muls tUeHkwfe esa feyrk Hkh FkkA iqtkjh ml le; lhrk jke th FksA o"kZ 1934 ds naxs esa ;gh yksx iqtkjh o egUr FksA xHkZx`g ds dqdhZ ds le; egUr j?kqukFknkl th egUr fueksZgh v[kkM+k Fks o iqtkjh egUr 436 cynso nkl th FksA tks ukdk guqekux<+h QStkckn esa Hkh egUr FksA cynso nkl th dks eSaus ns[kk FkkA fueksZgh v[kkM+k Lo;a esa U;kl gSA guqekx<+h ukdk mDr v[kkM+s ls laacaf/kr gSaA^^ "16. When I first came in the year 1930, Narottam Das was the Mahant of Nirmohi Akhara and he was followed by Mahant Ramcharan Das. Mahant Ramcharan Das was sturdily built and used to move with a sword on a horse with turban over his head. I had met him at the Janmbhumi. Sita Ram was the erstwhile priest. They were the priest and Mahant during the riot of the year 1934. At time of attachment of the 'Garbh-grih', Mahant Raghunath Das was the Mahant of Nirmohi Akhara and Mahant Baldev Das was the priest, who was the Mahant in Naka Hanumangarhi Faizabad as well. I have seen Baldev Das. Nirmohi Akhara is a trust in itself. The Hanumangarhi Naka is associated with the said Akhara." (E.T.C.) ^^19- iwjch xsV esa n'kZukFkhZ dks igqWapus ds fy, guqekx<+h nqjkgh dqvkWa ls lk{khxksiky eafnj ds lkeus ls xsV esa vkus ds fy, mRrj iwjc dksus ls jkLrk vkrk FkkA tks 1930 ls 1934 esa Hkh dPPkk jkLrk FkkA xHkZx`g ds dqdhZ ds 4&5 lky igys [kMa+tk yxkA^^ "19. In order to reach the eastern gate, the devotees had to take the path from the north-east corner to reach the gate in front of Sakshi Gopal temple from Hanumangarhi Dorahi well, which was unmetalled between the years 1930 to 1934. Bricks had been laid about 4-5 years prior to the attachment of the 'Garbh-grih'." (E.T.C.) ^^22- tc eSa 1930 ls 1949 rd xHkZx`g Hkhrjh Hkkx esa n'kZu djus vUnj tkrk Fkk rks xHkZx`g esa dlkSVh ds iRFkj yxs Fks ftlesa nso dU;kvksa ds dqN vkSj ;{k tSlh ewfrZ;ka mdsjh Fkha] dy'k Qwy] iRrh bR;kfn cuh FkhaA dsUnzh; ljdkj ds fu;U=.k gksus ij Hkh eSa n'kZu djus tkrk gWwaA dlkSVh ds iRFkj ogha iM+k gS tks nhoky esa yxs FksA vkSj ckdh 437 dlkSVh ds [kEHks irk yxk gS fd laxzghr fd;s x;s gSaA^^ "22. When I went to have the 'darshan' of the inner part of the 'Garbh-grih' from the year 1930 to 1949, I found that touchstones had been used in the 'Garbh-grih', over which the figures of nymphs, Yakshas, pitcher, flower, leaves etc. had been engraved. I go to have 'darshan' even after the Central Government took over its control. The touchstones affixed in the walls, are lying there and it is found that the remaining Kasauti pillars, have been preserved." (E.T.C.) ^^27- eSaus 1930 ls ysdj fookfnr ifjlj dks fgUnqvksa dh ifo= eafnj ds #Ik esa ns[kk gSA tgka Hkxoku ij Qwy ekyk] izlkn cjkcj p<+rk jgk gS tgka ;kf=;ksa dks n'kZu gksrk jgk gSA^^ "27. From the year 1930, I have considered the disputed premises as a sacred temple of Hindus and have regularly offered flower, garland, sweet there. The devotees had 'darshan' over there." (E.T.C.)
363. In favour of the plaintiff (Suit-3), i.e., Nirmohi Akhara, he has stated that their Sadhus/Ascetics used to work as priest etc. and observed worship inside courtyard temple as well as outside, i.e., Ram Chabootara etc. and in paragraphs no. 9, 13, 14, 15, 17, 29, 30 and 31 of the affidavit DW 3/2 said that the disputed premises was in possession of Nirmohi Akhara or its Sadhus who used to perform various religious functions and did not allow any Muslim to enter or visit the disputed premises.
364. DW 3/3, Satya Narain Tripathi is aged about 72 years old (vide affidavit dated 30.10.2003). He was cross examined in the following manner:
(a) 30.10.2003- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 6-
12) 438
(b) 30.10.2003- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 12-15)
(c) 30/31.10.2003- by Mohd. Faruk Ahmad, defendant no. 11 through Sri Abdul Mannan, Advocate (p. 15-23)
(d) 31.10.2003, 03/04/05/06/07/10.11.2003- by Sunni Central Board of Waqf, defendant no. 9 through Sri Zafaryab Jilani, Advocate (p. 23-74)
(e) 10/11/12.11.2003- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 74-97)
(f) 12.11.2003- defendants no. 6/1 through Sri Fazale Alam, Advocate and 6/2 through Sri Irfan Ahmad, Advocate and defendant no. 26 (Suit-5) through Sri T.A. Khan, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 97)
365. DW 3/3's date of birth is 08.09.1931 and is resident of Mauja Mahawan, Tahsil Bikapur, District Faizabad. His village is about 35 km. from Ayodhya. He claims to have visited Ayodhya and gone for Darshan to Sri Ramjanambhumi Temple, Hanuman Garhi, Kanak Bhawan and Nageshwar Nath since childhood. Since 10 years of age, alongwith his parents, he is regularly visiting Ayodhya during the festivals of Ram Navami, Kartik Purnmasi, Chaudah Kosi Parikrama, Pancha Kosi Parikrama, Shrawan Jhoola and Ram Vivah and after attaining majority he himself has regularly visited. About worship in the disputed site, i.e., inside and outside the courtyard, existence of idols of Lord Ram inside the courtyard and other attending facts, he, in paras 4, 7, 8, 9, 10, 11, 12 and 13 of the affidavit said as under:
439^^4- eSa 10 o"kZ dh mez ls le>us yxk gWwa vkSj rHkh ls eSa vius ekrk&firk ds lkFk v;ks/;k ds ioZ jkeuoeh] dkfrZd iw.kZeklh] pkSngdkslh ifjdzek o iapdkslh ifjdzek] Jko.k >wyk o jke ds fookg esa vius ;qod gksus rd cjkcj v;ks/;k vkrk jgk gWwaA eafnj Jhjke tUeHkwfe ftldk fookn py jgk gS] n'kZu djrk Fkk o vkjrh rFkk pj.kke`r izkIr djrk FkkA eSa vius ekrk&firk ds lkFk tc v;ks/;k tkrk Fkk rks Hkxoku dks izlkn o iq"Ik vkfn p<+krk FkkA eSa ;qod gksus ij vdsys vius lgikBh fe=ksa ds lkFk cjkcj Jhjke tUeHkwfe n'kZu gsrq tkrk jgk gWwa tks dze vHkh Hkh tkjh gSA^^ "4. I attained understanding from the age of 10 years and since then till I developed into a young man, I regularly went to Ayodhya along with my parents on the occasions of Ramnavami, Kartika Purnamasi, Chaudah kosi circumambulation, Panch kosi circumambulation, Shrawan Jhula and Ram Vivah. I used to have 'darshan' at Sri Ramjanmbhumi temple, which is under dispute, and had 'Arti' and foot nectar. Whenever I went to Ayodhya along with my parents, I used to offer sweets, flower etc. to Him. On developing into a young man, I have been regularly going alone along with my fellow students to have 'darshan' of Sri Ramjanmbhumi and this still continues." (E.T.C.) ^^7- fookfnr eafnj esa tkus dk eq[; }kj iwjc vksj gSA tgka tkus ij eq[; }kj esa dlkSVh ds iRFkj yxs gq, FksA mRrj rjQ tks dlkSVh iRFkj mlds ikl vkSj igys iwjc vksj ,d iRFkj 1½ ;k ikSus nks QqV pkSM+k yxHkx rhu QqV ÅWapk eSa cpiu ls ns[k jgk gWaswA ftlesa vad ,d ^^Jhjke tUeHkwfe fuR; ;k=k^^ nsoukxjh fyfi vkSj mlds uhps tUeHkwfe vaxzsth esa fy[kk gS vkSj ml dlkSVh iRFkj esa dy'k] eksj] nsoh dk fp=] ewfrZ o egkohjh yxk guqekuth dh ewfrZ ns[kk FkkA 'kq# esa tc firkth ds lkFk tkrk Fkk rks dqN yksx crkus yxs fd bls guqer}kj dgrs gSaA^^ "7. The main gate for entering the disputed temple, is in 440 the east. Touchstones have been used in the main gate.
Since my childhood, I have been seeing a 1 ½ or 1 ¾ feet wide and approximately 3 feet high stone slab, near the touchstone in north and eastwards a bit earlier. The figure 1, words 'Sri Ramjanmbhumi Nitya Yatra' in Devnagari script and word Janmbhumi in English were engraved over it. I had seen the figure, idol of pitcher, peacock, Goddess and Hanuman ji over the said touchstone. When I started going there along with my father, few people told that it was called Hanumatdwar." (E.T.C.) ^^8- iwohZ }kj ls vUnj tkus ij lgu yxHkx 28&30 fQV Fkh ftlds ckn lh[kps okyh nhoky gS vkSj lh[kps okyh nhoky ds if'pe FkksM+k lgu NksM+dj xHkZx`g rhu f'k[kj okyk gSA tgka xHkZx`g esa gh jkeyyk fojkteku gSaA ftudk n'kZu o iwtu o izlkn o pj.kke`r 1941 ls ysrk] muds lehi ls n'kZu djds fnlEcj 1949 rd cjkcj ysrk jgkA 1949 esa dqdhZ gks tkus ds ckn lu 1950 esa lh[kps okyh nhoky ls Hkxoku dk n'kZu o iwtu djrk jgk gWwa rFkk <kapk fxjus ds ckn tuojh 93 ls fu;fer dsUnzh; ljdkj ds fu;U=.k okys jkLrs ls n'kZu djrk pyk vk jgk gWw vkSj ogha Hkxoku jkeyyk vHkh Hkh dk;e gSaA ftudk n'kZu 1941 ls vHkh gky rd djrk pyk vk jgk gWwaA^^ "8. After entry through the eastern gate, was the courtyard of size 28 x 30 feet, after which was the grill wall and a bit westward of the grill wall was the three domed 'Garbh-grih' beyond the courtyard. Ramlala was present in the 'Garbh-grih' and I have had His 'darshan' , worship, blessings and foot nectar from the year 1941. I had His 'darshan' from close distance till December, 1949. After the attachment of 1949, I had the 'darshan' and worship of God from the grill wall, from the year 1950 onwards. I have been regularly having the 'darshan' from January, 1993, after the demolition of the structure and the place 441 being under control of Central Government. Lord Ramlala is still present at the same place and I have had His 'darshan' from the year 1941 till recently." (E.T.C.) ^^9- Hkhrjh Hkkx tks dqdZ'kqnk dgykrk gS dqdhZ ds ckjs esa eq>s 1950 f[kpM+h ds nks&rhu fnu igys rc ns[kk vkSj n'kZu lh[kps okys e/; njokts ls djus fn;k iqfyl okyksa usA ysfdu lgu] jkepcwrjk] eafnj] NBh iwtu LFky] f'ko njckj tks ckgjh lgu ds vUnj FkkA mudk n'kZu] iwtk vpZuk fudV tkdj tSlk 1941 esa fd;k Fkk] mlh izdkj lu 1992 <kapk fxjus ds iwoZ rd fd;k gS ysfdu 1982 esa eq>s ;g irk pyk Fkk fd ckgjh Hkkx Hkh fueksZgh v[kkM+k ds vkilh fookn esa dqdZ gks x;k Fkk vkSj blds fjlhoj Hkh ogh Hkhrj okys Hkkx okys fjlhoj FksA ;g ckr ogka ds fu;qDr iqtkjh ¼fjlhoj }kjk½ us crykbZ FkhA^^ "9. The inner part, which is called the attached part, was seen by me 2-3 days prior to 'Makar Sankranti' of the year 1950 and the police men had permitted me to have 'darshan' from the central grill door. However, the courtyard, Ramchabutara temple, Chhathi worship place, Shiv Darbar, which were inside the outer courtyard were worshiped by me till the year 1992, prior to demolition of the structure, in the same manner as done in the year 1941. In the year 1982 I came to know that the outer part had also been attached in mutual dispute of Nirmohi Akhara and the Receiver of the inner part was its Receiver as well. This was told by the priest nominated there (by Receiver)." (E.T.C.) ^^10- 1941 esa vius firkth ds lkFk n'kZu djuk pkyw fd;kA Hkkjro"kZ dh vktknh ds igys eq>s ;g ckr HkyhHkkWafr ekywe Fkh fd mDr eafnj fueksZgh v[kkM+k ds vkf/kiR; esa gS vkSj fuekZsgh v[kkM+k ds gh lk/kq iqtkjh xHkZx`g eas Hkxoku jkeyyk dh iwtkikB djrs gSa vkSj n'kZukfFkZ;ksa] HkDrksa dks vkjrh o pj.kke`r izlkn ysdj izlkn dk p<+kok nsrs gSa A ,slk djrs eSaus lHkh n'kZukfFkZ;ksa dks ns[kkA ,slk eSaus n'kZu djrs oDr ns[kk FkkA 442 ;qod gksus ij eSa Lo;a gh izlkn] Qwy bR;kfn p<+krk Fkk vkSj fueksZgh v[kkM+k ds lk/kqvksa ls vkjrh o izlkn xzg.k djrk FkkA^^ "10. I started to have 'darshan' along with my father in the year 1941. I knew this fact very well even before independence of India that the said temple was in the possession of Nirmohi Akhara and the saints-priests of Nirmohi Akhara used to perform the prayer of Lord Ramlala in the 'Garbh-grih' and accept and distribute the blessings amongst the devotees. I saw all the devotees do this. I had seen this at time of having 'darshan' . On growing up as a young man, I myself used to offer sweets, flowers etc. and accepted 'Arti' and blessings from the saints of Nirmohi Akhara." (E.T.C.) ^^11- blh izdkj jkepcwrjk eafnj ij esjk o n'kZukfFkZ;ksa dk n'kZu 1941 ls yxkrkj fnukad 6 fnlEcj 1992 <kapk fxjus ds igys o esjk uoEcj 1992 rd gqvk vkSj NBh iwtk LFky f'ko njckj dk iwtu n'kZu ,sls gh gqvk djrk FkkA mu lHkh iwtu LFkyksa ij iqtkjh] lk/kq fueksZgh v[kkM+k ds jgrs FksA^^ "11. Similarly, I and devotees regularly had 'darshan' at the Ramchabutara temple from the year 1941 to 6th December, 1992 prior to demolition of the structure. I had it till November, 1992. The prayer- worship at Chhathi worship place and Shiv Darbar was also carried out similarly. The priests, saints of Nirmohi Akhara were present at all those worship places." (E.T.C.) ^^12- eSa gkftj vnkyr egUr HkkLdj nkl dks tkurk gWwaA bUgsa eSaus 1946 ls gh Jhjke tUeHkwfe xHkZx`g esa crkSj iqtkjh rFkk jkepcwrjk eafnj ij NBh iwtk LFky f'ko njckj esa crkSj iqtkjh ns[krk pyk vk jgk gWwa D;ksafd 1946 ls ysdj 1949 dqdhZ ds igys o dqdhZ ds ckn rd 1941 ls eSa n'kZu djus Jhjke tUeHkwfe tkus yxk rks esjs ekrk&firkth us crk;k fd ;gka ds iqtkjh fueksZgh v[kkM+k ds yksx Fks vkSj buds xq# cynsonkl 443 th dks Hkh eSa crkSj iqtkjh ns[kk gSA cynsonkl th ls eSa HkyhHkkWafr ifjfpr blfy, gks x;k Fkk fd ukdk guqekux<+h ds egUr FksA cynsonkl th dks eSaus ns[kk gSA guqekux<+h ukdk eqtQ~Qjk QStkckn ds egUr HkkLdjnkl th gSa tks bl le; fueksZgh v[kkM+k ds ljiap gSaA eSa HkkLdjnkl dks fookfnr eafnj ds xHkZx`g esa crkSj iqtkjh ns[kk gS vkSj lkFk gh lkFk ckgjh Hkkx ds jkepcwrjk eafnj vkfn ij iqtkjh ds #Ik esa ns[kk Fkk ysfdu Hkhrjh Hkkx ds dqdZ gksus ds ckn ckgj jkepcwrjs ij egUr HkkLdjnkl dks 1965&66 rd ns[kkA mlds ckn ckgj okys Hkkx esa v[kkM+s ds nwljs lk/kw lUr jgrs FksA^^ "12. I know Mahant Bhaskar Das present in Court. I have seen him since the year 1946 as priest at Sri Ramjanmbhumi 'Garbh-grih', Ramchabutara temple, Chhathi worship place and Shiv Darbar i.e. from the year 1946 to 1949, before and after the attachment. I started going to Sri Ramjanmbhumi from the year 1941 to have 'darshan' and my parents told me that the priests here were of Nirmohi Akhara and I also saw their master Baldev Das as priest. I became very well acquainted with Baldev Das, as he was the Mahant of Naka Hanumangarhi. I have seen Baldev Das. Bhaskar Das is the Mahant of Hanumangarhi Naka Muzaffara Faizabad, who is the Sarpanch of Nirmohi Akhara at present. I have seen Bhaskar Das as priest in the 'Garbh-grih' of the disputed temple as also at the Ramchabutara temple in the outer part. However, after the attachment, I saw Mahant Bhaskar Das upto the year 1965-66 at the Ramchabutara in the outer part. Thereafter, other saints of the Akhara lived in the outer part." (E.T.C.) ^^13- eSaus 1941 ls ysdj 1982 Qjojh rd fueksZgh v[kkM+k ds lk/kqvksa dks guqer}kj ds izos'k gksus ij fookfnr ifjlj ckgjh lgu esa mRrj fLFkr Hk.Mkx`g o lar fuokl esa jgrs o Hkxoku dk izlkn cukrs ns[kkA ;g Hk.Mkjx`g vkSj lar fuokl guqer}kj ls mRRkj dqN txg 444 NksM+dj mRrj nhoky rd yEck FkkA^^ "13. In between the years 1941 to February, 1982, I had seen the saints of the Nirmohi Akhara enter through the Hanumatdwar and reside in the store room situated in north of the outer courtyard of the disputed premises and the saints' accommodation and preparation of 'Prasad' of the Lord. This store room and saints' accommodation extended to the northern wall with some gap in north of the Hanumatdwar." (E.T.C.)
366. DW 3/3 has also made statement regarding the possession and ownership of Nirmohi Akhara and its Mahant/Sarpanch in paras 10, 12, 15 and 16. Paras 15 and 16 are as under:
"15- fookfnr iwjs ifjlj ;kuh Hkhrjh o vUnj ds Hkkx ij dze'k nksuksa dqdhZ ds igys fueksZgh v[kkM+k tks ,d /kkfeZd U;kl gSA ftldk ekStwnk ljiap egUr HkkLdjnkl th gSa vkSj ekStwnk egUr txUukFknkl th gSa] ds dCts o vkf/kiR; esa jgkA Hkxoku jkeyyk ds O;oLFkkid fueksZgh v[kkM+k gSA^^ "15. Prior to the attachment, the entire premises i.e., inner and outer part of the disputed premises were both under the possession and ownership of Nirmohi Akhara, which is a religious trust and whose present Sarpanch is Mahant Bhaskar Das and the present Mahant is Jagannath Das. The Nirmohi Akhara is the manager of Lord Ramlala." (E.T.C.) ^^16- fookfnr ifjlj efLtn ugha gSA u esjs gks'k ls fdlh eqlyeku us uekt Ik<+h gS A "16. The disputed premises is not a mosque, nor in my senses have I seen any Muslim offer Namaz." (E.T.C.)
367. In para 3 of the affidavit, DW 3/3 has deposed that he joined service as Teacher in Saraswati Shishu Mandir, Pratapgarh in 1962, remained thereat for 2 years, transferred to 445 Farrukhabad and stayed there for four years and then transferred to Faizabad in 1967. He thereafter worked at some other places also and retired in 1992 from the post of Headmaster.
368. DW 3/4, Mahant Shiv Saran Das is aged about 83 years (vide affidavit dated 14.11.2003). He was cross examined in the following manner:
(a) 14.11.2003- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 9-
14)
(b) 17.12.2003- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 16-22)
(c) 17/18.12.2003- by defendant no. 20 (Suit-4) through Km. Ranjana Agnihotri, Advocate (p. 22-27)
(d) 18.12.2003, 22.01.2004- by defendant no. 11, Mohd.
Faruk Ahmad through Sri Abdul Mannan, Advocate (p. 27-42)
(e) 22/23/27/28/29.01.2004, 05/06/09.02.2004- by Sunni Central Board of Waqf, defendant no. 9, through Sri Zafaryab Jilani, Advocate (p. 42-109)
(f) 18.03.2004- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 110-115)
(g) 18.03.2004- defendants no. 6/1 and 6/2 through Sri Irfan Ahmad, Advocate and defendant no. 26 (Suit-5) through Sri C.M. Shukla, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 115)
369. His statement in paras 8, 9, 10 and 11 are in respect to his 446 claim of worshiping Lord Ram's birthplace Temple inside the courtyard (Garbhgrih) and read as under:
^^8- Jhjke tUeHkwfe esa 1933 bZ0 ls n'kZu djus tkrk jgk gWaw] Jhjke tUeHkwfe eafnj dk fuekZ.k dk ifjlj nks Hkkxksa esa eSaus 'kq# ls ns[kk gS] igyk Hkkx Hkhrjh xHkZx`g ftlds Åij rhu f'k[kj gSa vkSj vkxs ;kuh iwjc rjQ lh[kps okyh nhoky gS ftlesa eq[; xHkZx`g ds lkeus iwjc rjQ ,d yksgs dk njoktk Fkk vkSj bl njokts ds mRrj mlh lh[kps okyh nhoky esa yxHkx 18 ;k 20 fQV ds ckn ,d vkSj yksgs dk NM+nkj njoktk Fkk] ;kuh lh[kps okyh nhoky esa nks NM+nkj njoktk FkkA^^ "8. I have been going to Sri Ramjanmbhumi from the year 1933 AD to have 'darshan'. Since beginning, I have seen the built up area of Sri Ramjanmbhumi temple to be in two parts. The first part was the inner 'Garbh-grih', over which there were three domes and after that i.e. eastwards, was the iron rod wall which had a iron door in the east facing the main 'Garbh-grih' and to the north of this door, was another iron rod door in the same iron rod wall at a distance of about 18 or 20 feet, or in other words there were two iron rod doors in the iron rod wall." (E.T.C.) ^^9- eSa Hkhrjh okys xHkZx`g esa Hkxoku jkeyyk ds n'kZu djrk jgk gWwa] jkeyyk dh v"V/kkrq dh ewfrZ gS ,d fcRrk ÅWph gS] ,d v"V/kkrq dh ,d ewBk dh vkSj ewfrZ gS ftls y[ku yky dgrs gSa] guqekuth dh lok fQV ;k Ms<+ fQV ÅWph guqekuth dh ik"kk.k ewfrZ gS rFkk lkfyxjke Hkxoku 4] 6 jgs gSa tks cjkcj esjs n'kZu esa ogh ewfrZ;ak pyh vk jgh gSaA^^ "9. I have had the 'darshan' of Lord Ramlala in the inner 'Garbh-grih'. The idol of Ramlala is made up of 'Ashthadhatu' and is about one palm high. There is another 'ashthadhatu' idol of one 'Mutha', which is called Lakhan Lal. There is stone idol of Hanuman ji about 1 ¼ to 1 ½ feet tall. There are about 4, 6 Saligram and all these 447 idols have remained present regularly during my 'darshan'." (E.T.C.) ^^10- ogka pkanh dk flagklu yxHkx lok fQV pkSM+k Ms<+ fQV ÅWpk gS ftlesa Hkxoku jkeyyk o y[ku yky] lkfyx jke Hkxoku fojkteku jgs gSa] flagklu ds ckgj guqekuth fojkteku jgs gSaA^^ "10. A silver throne about 1 ¼ feet wide and 1 ½ feet tall, is present there with Lord Ramlala, Lakhanlal and Salig Ram over it. Hanuman ji was present outside the throne."
(E.T.C.) ^^11- mlh eq[; xHkZx`g esa ,d >wykuqek dkB dk flagklu j[kk gS ftlij Hkh jkeyyk Hkxoku vkrs&tkrs jgs gSa] cky#Ik gksus ds dkj.k ;g O;oLFkk Hkh jgh gSA^^ "11. In the same main 'Garbh-grih', is a wooden swing shaped throne and Lord Ramlala keeps coming over it. This arrangement has been made on account of (His) child form." (E.T.C.)
370. In paras 12, 14, 15, 18, 20, 22 and 23, DW 3/4 has stated about the ownership and possession of Nirmohi Akhara and its representative over the disputed premises and that they were the Sadhus of Nirmohi Akhara, performing Pooja etc. In paras 16 and 17 he has made a statement about the constitution and function of Nirmohi Akhara which we propose to deal separately while dealing with the issue relating to constitution, status etc. of Nirmohi Akhara.
371. DW 3/5, Raghunath Prasad Pandey, son of late Sri Bindeshwari Prasad Pandey, resident of Village Sariyawan Pure Khaipur, Pargana Mangalsi, Tehsil Sohawal, District Faizabad, is aged about 73 years (as per his affidavit dated 18.11.2003). He was cross examined in the following manner :
(a) 18.11.2003- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 448 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 7-
11)
(b) 18/19.11.2003- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 11-21)
(c) 19.11.2003- by defendant no. 20 (Suit-4) through Km. Ranjana Agnihotri, Advocate (p. 21-24)
(d) 19.11.2003- by defendant no. 11, Mohd. Faruk Ahmad through Sri Abdul Mannan, Advocate (p. 24-28)
(e)19/20/24/25/27/28.11.2003, 01/02/04/05/08/09/10/11.12.2003-by Sunni Central Baord of Waqf, defendant no. 9, through Sri Zafaryab Jilani, Advocate (p. 29-174)
(f) 11/12/15/16.12.2003- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 174-213)
(g) 16.12.2003 - defendants no. 6/1 through Sri Fazale Alam, Advocate and 6/2 through Sri Irfan Ahmad, Advocate and defendant no. 26 (Suit-5) through Sri T.A. Khan, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 213)
372. Sri Ramjanambhumi Temple according to his statement is about 16-17 km from his village. He is educated up to Class- VIII, was appointed in Railway Department in Jhansi in 1948 and retired on 31.01.1988. His date of birth is 08.10.1930. He claims to understand the things at the age of 7 years. His parents (mother) was very religious. His father died when he was 6 years of age. He used to visit Ayodhya accompanied with his mother. He has supported the issue that Lord Ram was being worshiped inside the courtyard and the said temple was 449 maintained and looked after by the Bairagis of Nirmohi Akhara, Hindu people used to worship inside the courtyard and he never saw any muslim to offer Namaz at the premises in dispute. His statement in paras 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18 and 19 of the affidavit is as under:
^^6- eSa oS".kks lukru /kehZ ifjokj dk gwWaA esjh ekWa dh vkLFkk Hkxoku jke esa Fkh vkSj esjh Hkh vkLFkk Hkxoku jke esa gSA fookfnr ifjlj Jh jketUeHkwfe efUnj gSA tgkWa Hkxoku jke dk tUe gqvkA ,slh esjh vkLFkk gSA ;g vkLFkk esjh ekWa dh Hkh Fkh tks mUgksaus eq>s fn;kA** "6. I belong to a Vaishnav Sanatan Dharmi (orthodox religious) family. My mother had faith in Lord Rama, so do I. The disputed premises is Sri Ramjanmbhumi temple, where Lord Rama had been born. This is my belief. This was the belief of my mother as well, which she passed on to me." (E.T.C.) **7- fookfnr Jh jketUeHkwfe esa fojkteku Hkxoku jke yyk dk n'kZu vkjrh] pj.kke`r izkIr djus o izlkn izkIr djus dk dk;Z eSa vius cpiu ls viuh ekWa ds lkFk tc tc ogkWa nwljs n'kZu djus okyksa dks ns[krk vk;k gwWaA eWak esjh esjs cpiu ls gh efUnj jketUeHkwfe esa pj.kke`r esjs NksVs gkFkksa esa fnykrh FkhA JhjketUeHkwfe dk n'kZu viuh /kkfeZd vkLFkk ds dkj.k cjkcj djrk pyk vk jgk gwWaA** "7. From my childhood, I have been seen people have darshan and arti of Lord Ramlala present in the disputed Sri Ramjanmbhumi, and receive charnamrit (foot nectar) and prasad. From my childhood, my mother used to make me receive charnamrit at the Ramjanmbhumi in my little hands. I have been regularly having the darshan of Sri Ramjanmbhumi out of my religious faith." (E.T.C.) **8- ;g fd cM+k gksus ij eSa vdsys gh v;ks/;k Jh jketUeHkwfe efUnj esa n'kZu djus tkrk jgk gwWaA guqeku x<+h efUnj o dud Hkou efUnj Hkh izfl) gksus ds dkj.k n'kZu guqeku th o dud Hkou esa ekrk lhrk th 450 dk cjkcj djrk jgk gwWaA Jh jketUeHkwfe efUnj Hkxoku jke dh tUeLFkyh gksus ds dkj.k cgqr egRo j[krh gSa esjh ekWa dh o esjh Hkh vkLFkk jketUeLFkyh ls cjkcj tqM+h jghA bl dkj.k Jh jketUeHkwfe efUnj o mlesa fojkteku Hkxoku jke yyk o nhxj /kkfeZd fpUgksa dk tSls pj.k fpUg] NBh iwtu LFky] jke pcwrjk efUnj o f'ko njckj vkfn dk n'kZu tks fookfnr ifjlj esa gSA cjkcj djrk jgk gwWaA** "8. That on growing up, I have been going alone to have darshan of Sri Ramjanmbhumi temple at Ayodhya. On account of being famous, I have also had the darshan of Hanumangarhi temple and Kanak Bhawan temple. The Ramjanmbhumi temple has immense importance on account of being the birthplace of Lord Rama. My mother and myself have always had faith in Ramjanmsthali. Due to this I regularly had the darshan of Sri Ramjanmbhumi temple, Lord Ramlala present therein and of other religious symbols such as foot marks, Chhathi worship place, Ramchabutara temple, Shiv Darbar etc., which are all within the disputed campus." (E.T.C.) **9- ;g fd fookfnr ifjlj nks Hkkx esa gSA igyk ckgjh Hkkx nwljk Hkhrjh Hkkx fookfnr mDr ifjlj esa Hkxoku jke yyk o NBh iwtk LFky pj.k fpUg o jke pcwrjk f'ko njckj dk cjkcj n'kZu djrk pyk vk jgk gwWaA oM+k gksus ij vdsys mDr fookfnr efUnj Jh jketUeHkwfe ij n'kZu djrk pyk vk jgk gwWaA v;ks/;k esa rhu esys dkfrZd] lkou] jkeuoeh eq[; rkSj ij gksrk gSA vxgu esa jke fookg dk esyk gksrk gSA jkeuoeh dk ,d fo'ks"k R;kSgkj jgrk gSA fookfnr ifjlj Hkxoku jke dh tUeLFkyh o efUnj gksus ds dkj.k Hkkjr o"kZ ds dksus&dksus ls reke fgUnw /kekZoyEch turk Hkxoku jke yyk dk n'kZu djus izlkn Qwy ekyk p<+kus iwtk djus o pj.kke`r izkIr djrs eSaus vius cpiu ;kfu 'kq: ls lu~ 1937 ls ysdj 1948 rd mDr efUnj o /kkfeZd LFky o Hkxoku dk n'kZu ckgjh vkSj Hkhrjh Hkkx esa ns[krk jgk gwWaA eq>s ;g Hkh vius ekWa ls ekywe gqvk fd fueksZgh v[kkM+k ds vUrxZr gh Jh jke 451 tueHkwfe efUnj gSA fueksZgh v[kkMk ds ckjs esa esjh tkudkjh efUnj guqeku x<+h ukdk esa n'kZu djus ogkWa tkus ls o ckck cYnso nkl ls dkQh c<+ x;hA fueksZgh v[kkM+k ,d eB gSA iapk;rh eB gSA /kkfeZd U;kl gSA lkjh O;oLFkk iapk;rh gSA iapks dk fu.kZ; loksZifj gSA egUFk v[kkM+k dk iapksa ds izLrko o cgqer jk; ls dk;Z djrk gSa egUFk dks v[kkM+s dh tk;nkn cspus dk gd ugha gSA tc rd iapksa dk izLrko u gks egUFk pquk tkrk gSA v[kkM+s esa lSfud f'k{kk dh i)fr ykxw gSA ,slk eSaus tkuk gSA guqeku x<+h v;ks/;k esa ckck dks tkurk gwWaA mUgksaus Hkh crk;k fd guqeku x<+h fuokZ.kh v[kkM+k dk efUnj gSA v[kkM+k ds jhfr& fjokt jkekuUnk Lokeh bl lEiznk; ds izorZd jgs gSaA bl lEiznk; ds lk/kq jkekuUnh oSjkxh ds b"V jke gSaA fueksZgh v[kkM+k dk ,d efUnj Jh fot; jk/kks efUnj jke?kkV v;ks/;k ij gSA** "9. That the disputed premises is in two parts. The first being the outer part and the second being the internal part.
I have been regularly having the darshan of Lord Ramlala, Chhathi worship place, foot marks, Ramchabutara and Shiv Darbar at the aforesaid disputed premises. After growing up, I have been going alone to have darshan of the disputed Sri Ramjanmbhumi temple. The three main fairs at Ayodhya are Kartika, Sawan, Ramnavami. The fair of Ram Vivah is held during the month of Aghan (a month of Hindu calendar). There is a special festival on Ramnavami. From my childhood i.e. from the beginning in the year 1937 to the year 1948, I have seen numerous Hindu public from different corners of the country have darshan of Lord Ramlala and make offerings, offer flowers-garlands, offer prayer and receive charnamrit at the disputed premises, since the same is the birthplace and temple of Lord Rama. I also got to know from my mother that Sri Ramjanmbhumi temple was also under the Nirmohi Akhara. My knowledge about Nirmohi Akhara improved 452 greatly by my darshan of temple at Hanumangarhi Naka and meeting Baba Baldev Das. The Nirmohi Akhara is a Math, a Panchayat Math. It is a religious trust. The entire working is as per Panchayat system. The decision of Panch is above all. The Mahant of the Akhara works on advise of Panchas and the majority view. The Mahant has no right to sell the property of the Akhara. The Mahant is elected unless there is a recommendation of the Panchas. I have so come to know that the system of military education is applicable in the Akhara. I know the Baba at Hanumangarhi, Ayodhya. He also told that Hanumangarhi is a temple of Nirvani Akhara. The customs and practices of this Akhara have been laid down by Swami Ramanand, the promoter of this sect. Rama is the Isht of Ramanand Vairagi, a saint of this sect. Another temple of Nirmohi Akhara, Sri Vijay Raghav temple, is at Ramghat Ayodhya." (E.T.C.) **10- eSa 1948 rd yxHkx gj ekg dbZ ckj mDr efUnj esa n'kZu djrk jgk ysfdu mlds ckn jsyos esa >kalh rSukr gksus ij rhu pkj ekg esa tc Hkh ?kj vkrk jgk Hkxoku jkeyyk dk iwjs efUnj ds /keZLFky dk n'kZu djrk pyk vk jgk gwWaA vkSj ukSdjh ls fjVk;MZ gksus ij iqu% vius ?kj ls gj ekg n'kZu djus tkrk jgk gwWaA** "10. I had darshan in the said temple on number of times almost every month till the year 1948. However, after my posting at Jhansi under the Railways, I have been having the darshan of the entire temple site of Lord Ramlala, every 3-4 months whenever I come home. Now after retirement from service, I have again started going from my home to have darshan every month." (E.T.C.) **12- eSa tc viuh ekWa ds lkFk fookfnr ifjlj esa n'kZu gsrq x;k esjh ekWa us gh eq>s crk;k fd ;g jketUeHkwfe efUnj gSA vUnj Hkhrjh Hkkx esa 453 Hkxoku jke yyk fojkteku Fks o ckgjh Hkkx esa jke pcwrjk efUnj o NBh iwtu LFky pj.k fpUg pkjksa Hkkb;ksa dk jgk gSA pwYgk csyuk&pdyk Hkh FkkA f'ko njckj Hkh ckgjh Hkkx esa FkkA tgkWa 'kadj th ikoZrh th x.ks'k th uUnh o 'kadj th dk vj?kk FkkA ifjlj ds iwohZ xsV ls n'kZukFkhZ o HkDrx.k vkrs&tkrs FksA mRrj Hkh xsV Fkk tks T;knkrj esyk HkhM+ c<+us ij [kqyrk FkkA iwohZ xsV ls ?kqlrs gh mRrj rjQ Hk.Mkj x`g lUr fuokl o dksBkj FkkA ftlesa lk/kqvksa oSjkfx;ksa dks jgrs o Hkxoku dk izlkn cukrs 'kq: ls ns[kk FkkA /khjs&/khjs dbZ ckj esa n'kZu djkrs le; esjh ekWa us crk;k Fkk ;gkWa iqtkjh o lk/kw yksx jgrs gSaA og fuekZsgh v[kkM+k ds lk/kw oSjkxh gSA vkSj rHkh ls cjkcj Hkhrjh Hkkx esa 1949 fnlEcj rd fueksZgh v[kkM+k ds lk/kwvksa oSjkfx;ksa dks iqtkjh dh rjg dk;Z djrs o izlkn ysdj Hkksx yxkdj n'kZukfFkZ;ksa dks izlkn Hkksx yxk nsrsA Hkxoku dk pj.kke`r nsrsA Qwy ekyk vkfn n'kZukfFkZ;ksa ls ysdj Hkxoku ij p<+k n'kZukfFkZ;ksa dks Qwy ekyk nsrs ns[kk vkSj rHkh ls ns[k jgk gwWaA fueksZgh v[kkM+k ds lk/kwvksa oSjkfx;ksa dks jke pcwrjk efUnj ij fojkteku jke yyk ij Hkh oSls iqtkjh dk dk;Z djrs ns[kk tSls Hkhrjh Hkkx esa c;ku fd;k gSA blh rjg ns[kHkky iwtk vkjrh f'ko njckj o NBh iwtk LFky pj.k fpUg pdyk csyuk pwYgk ij Hkh fueksZgh v[kkM+k ds yksxksa dks iwtk vkjrh o bartke djrs ns[kk gSA fueksZgh v[kkM+k ds ckjs esa esjh ekWa dks fo'ks"k tkudkjh Fkh D;ksafd ogh eaxy] 'kfuokj tc v;ks/;k ugha tk ikrh Fkh rks guqeku x<+h ukdk eqtQ~Qjk ij guqeku th dk n'kZu djus tkrh jgh gSa tks esjs xkWao ls 5 ;k 6 fdeh nwjh ij gSA ukdk eqtQ~Qjk ij guqeku th efUnj izkphu ls fLFkr gSA tgkWa ukdk eqtQ~Qjk ds oSjkxh gh egaFk Fks ogkWa egaFk cYnso nkl cgqr izfl) ea0 gq, gSaA ftuds f'k"; ea0 Hkk"dj nkl bl le; ea0 gSA bl dkj.k ls gh fueksZgh v[kkMk dk gh vf/kiR; O;oLFkk fookfnr ifjlj Jh jketUeHkwfe ij 'kq: ls eSaus ns[kk gSA** "12. Whenever I went to the disputed premises, alongwith my mother, to have darshan, it was my mother who told me that it was Ramjanmbhumi temple. Lord Ramlala was present in the inner part and the Ramchabutara temple, Chhathi worship place and foot marks of the four brothers 454 were present in the outer part. The stove, belna-chakla were also present. The Shiv Darbar was also in the outer part, where Shankar Ji, Parvati Ji, Ganesh Ji, Nandi and argha of Shiva existed. The devotees used to enter through the eastern gate of the premises. There was gate in north also, which was mostly opened during fair on crowd increase. Immediately on entering through the eastern gate, was the store room, saints' accommodation and granary in the north, and from the beginning I had seen the saints-recluses live there besides the preparation of prasad taking place over there. Gradually during the course of darshan, my mother told me that priests and saints used to live there. They were the saints-recluses of Nirmohi Akhara and since then to December, 1949, the saints-recluses of Nirmohi Akhara functioned as priests and used to accept prasad from the devotees and delivered it to them after offering them to God. They used to distribute the charnamrit. I have seen them accept the flowers-garlands etc. from the devotees and return them to the devotees after offering them to God. I saw the saints- recluses of Nirmohi Akhara perform similar saint like work at the Ramchabutara temple as well, as described by me regarding the inner part. I have seen the Nirmohi Akhara people perform similar maintenance, prayer, arti at Shiv Darbar, Chhathi worship place, foot marks, chakla-belna, stove. My mother had special knowledge about Nirmohi Akhara because whenever she was unable to go to Ayodhya on Tuesday and Saturday, she used to go to have darshan of Hanuman Ji at Hanumangarhi Naka Muzaffara, which is at a distance of 5-6 kilometers from 455 my village. Hanuman Ji is present in the ancient temple at Naka Muzaffara. The recluses of Naka Muzaffara were the Mahant over there. Mahant Baldev Das has been a very famous Mahant of the same, whose disciple Mahant Bhaskar Das is the present Mahant. Due to this, I had found the possession of Nirmohi Akhara extend over the disputed premises, Sri Ramjanmbhumi." (E.T.C.) **13- ;g fd Hkhrj okyk Hkkx tks rhu f'k[kj o fldpsa ds vUnj FkkA fnlEcj 1949 esa dqdZ gqvk ;g eSaus tuojh esa ?kj vkus ij tkuk ml le; n'kZu eq>s Hkxoku jkeyyk ds ckgjh Hkkx esa iwoZor n'kZu Hkxoku ds o iwT; rhFkZ LFkyh NBh iwtk LFky f'ko njckj o jke pcwrjk efUnj ij ikl tkdj fueksZgh v[kkM+k ds iqtkfj;ksa ls izlkn o pj.kke`r ysdj gksrk jgk gSA 1982 esa ckgjh Hkkx fueksZgh v[kkM+k ds vkilh fookn ls dqdZ gks x;k ftlds Hkh fjlhoj Hkhrj okys Hkkx ds fjlhoj gq,A fjlhoj }kjk iqtkjh o O;fDr vc lHkh iwT; /keZLFkyksa ij tSls NBh iwtk /keZLFky o jke efUnj pcwrjk f'ko njckj o Hkhrj Hkkx Hkxoku jkeyyk vkfn ij cSBrs gSaA blfy, ckgj ds dqdhZ ds ckjs esa jkeuoeh 1982 esa eq>s ekywe gqvk jkeuoeh dks nsj rd ifjlj esa :ddj eSa iwtu o dqN ekul ikB djrk gwWaA mlh fnu ckjg cts Hkxoku jke dk tUe gqvk gSA izlkn ysdj gh vkrk Fkk fjlhoj ds bUrtke esa nksuksa Hkkx ckgjh Hkkx o Hkhrjh Hkkx lEiw.kZ <kWapk fxjkus rd ;kfu 6-12-1992 rd jgk gSA <kapk fxjus ds ckn dsUnzh; ljdkj fjlhoj gks x;h ysfdu Hkxoku jkeyyk ogh Hkxoku jke yyk gSa ftudk eSa 'kq: ls n'kZu djrk pyk jgk gwWaA vc Hkh fojkteku gSA ftudk Hkh n'kZu eSa cjkcj dsUnzh; ljdkj }kjk fu;af=r jkLrs ls cjkcj djrk pyk vk jgk gwWaA vHkh ugku] iwf.kZek dkfrZd ds nwljs fnu esa Hkh n'kZu djus x;k FkkA** "13. That the inner part was under the three dome and within the grill. I came to know that it was attached in December 1949, when I came home in January. At that time, I continued to have darshan of Lord Ramlala in the outer part along with the revered Chhathi worship place, 456 Shiv Darbar and Ramchabutara temple and received prasad and charnamrit from the priests of Nirmohi Akhara. In the year 1982 the outer part was also attached due to internal dispute of Nirmohi Akhara and the Receiver of inner part, was appointed Receiver thereof. The priest and people appointed by the Receiver now look after all revered worship places such as Chhathi worship place, Ramchabutara temple, Shiv Darbar and Lord Ramlala in the inner part. I came to know about the attachment of the outer part on the occasion of Ramnavami, 1982. I stay back in the premises on the occasion of Ramnavami and offer my prayers and recite the Manas. Lord Rama was born at 12 'O' clock on this day. I used to bring along the prasad. Both, the inner and outer part, remained in control of the Receiver till demolition of the structure on 06.12.1992. After the demolition of the structure, the Central Government became the Receiver but Lord Ramlala is the same Lord Ramlala, whose darshan I have had since beginning, and He is still present there. I regularly have darshan even today through the route controlled by the Central Government. Recently I went to have darshan on the occasion of Nahan (occasion for a holy dip in sacred river), the second day of Kartik Purnima." (E.T.C.) **14- eSa 'kq: ls tc ls fookfnr ifjlj efUnj Jh jketUeHkwfe n'kZu djus tk jgk gwWaA ges'kk eq>s rc fueksZgh v[kkM+k ds iqtkfj;ksa o lk/kqvksa o oSjkfx;ksa dks efUnj mijksDr dh O;oLFkk djrs o iwjk bartke djrs ckgjh o Hkhrjh Hkkx esa ns[k jgk gwWaA eq>s ;g Hkh viuh ekWa ls ekywe gqvk fd fueksZgh v[kkM+k ds vUrxZr gh Jh jketUeHkwfe efUnj gSA fueksZgh v[kkM+k ds ckjs esa esjh tkudkjh efUnj guqeku x<+h ukdk n'kZu djus tkus ls o ckck cYnso nkl ls dkQh c<+ x;hA** 457 "14. Since I started going to the disputed premises to have darshan of Sri Ramjanmbhumi, I have always found the priests, saints and recluses of Nirmohi Akhara carry out the entire arrangement and management of the inner and outer part. I came to know from my mother that the Sri Ramjanmbhumi temple was also under the Nirmohi Akhara. My knowledge about Nirmohi Akhara improved substantially from my visit for darshan of the temple at Hanumangarhi Naka and through Baba Baldev Das." (E.T.C.) **15- tUeHkwfe efUnj ds iwoZ o nf{k.k Hkh dqN NksVs&NksVs efUnj fueksZgh v[kkM+k ds iap cukdj jgrs FksA 'ks"kkorkj lqfe=k Hkou Hkh efUnj Fkk ;g ckgj okys efUnj 1991 esa 'kk;n ;w0ih0 ljdkj us fxjk fn;s vf/kxzg.k djA** "15. The Panch of Nirmohi Akhara used to build and live in small temples in east and south of the Janmbhumi temple. Sheshawtar Sumitra Bhawan was also a temple. These outlying temples were possibly demolished by the U.P. Government after acquisition in the year 1991." (E.T.C.) **16- fookfnr ifjlj Hkhrjh ;k ckgjh Hkkx dHkh efLtn ds rkSj ij esjs ns[kus ds le; ls vkt rd bLrseky gksrs eSaus ugha ns[kk gSA** "16. From the date of my visits till date, I have never seen either the inner or outer part of the disputed premises being used as a mosque." (E.T.C.) **17- ;g fd fookfnr ifjlj esa eSaus fdlh eqlyeku dks uekt i<+rs vius gks'k lEHkkyus ds le; ls vkt rd ugha ns[kk gSA** "17. That from the date of attaining maturity, I have not seen any Muslim offer Namaz in the disputed premises till date." (E.T.C.) **18- ea0 Hkk"dj nkl dks 1946 ls eSaus fookfnr ifjlj esa Hkhrjh o 458 ckgj nksuksa LFkku ij Hkxoku jke yyk dh iwtk vpZuk djrs ns[kk gSA iqtkjh dh gSfl;r ls dk;Z djrs ns[kk gSA buds xq: ea0 cYnso nkl dks Hkh 1946 ds igys ls ns[kk gSa cYnso nkl th dk LoxZokl 'kk;n 1962 esa gqvk gSA** "18. From the year 1946, I have seen Mahant Bhaskar Das perform prayer-worship of Lord Ramlala in both inner and outer parts of the disputed premises. I saw him function as priest. I had also seen his master Mahant Baldev Das prior to 1946. Baldev Das probably passed away in the year 1962." (E.T.C.) **19- dqdhZ okys Hkhrjh Hkkx ds eqdnesa dh tkudkjh eq>s ea0 cYnso nkl th ls 1950 esa gh 'kq: ekg tuojh ;k Qjojh esa gqbZ FkhA nhokuh eqdnek o fueksZgh v[kkM+k }kjk nk;j eqdnek dh iwjh tkudkjh 1960 esa ea0 cYnso nkl o ckngw ea0 Hkk"dj nkl ls gqbZ tks eq>s dHkh efUnj guqeku x<+h ukdk o dHkh jketUeHkwfe eafnj v;ks/;k jke pcwrjk efUnj ij feyrs FksA** "19. I came to know about the case regarding the attached inner part in the beginning of January or February, 1950 from Mahant Baldev Das. The complete information about the civil suit and the case filed by Nirmohi Akhara, was gathered by me in the year 1960 from Mahant Baldev Das and subsequently from Mahant Bhaskar Das, whom I sometimes met at temple Hanumangarhi Naka or at Ramjanmbhumi temple Ayodhya or at Ramchabutara temple." (E.T.C.)
373. DW 3/6, Sitaram Yadav born in 1943 has filed his affidavit dated 06.01.2004 under Order XVIII Rule 4 CPC, followed by his corss examination as under :
(a) 06.01.2004- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 4- 459
8)
(b) 07.01.2004- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 16-14)
(c) 07.01.2004- by defendant no. 20 (Suit-4) through Km. Ranjana Agnihotri, Advocate (p. 14-15)
(d) 07/08.01.2004-by defendant no. 11, Mohd. Faruk Ahmad, through Sri Abdul Mannan, Advocate (p. 16-28)
(e) 08/09/12/13/14/15.01.2004- by Sunni Central Baord of Waqf, defendant no. 9, through Sri Zafaryab Jilani, Advocate (p. 28-87)
(f) 15/16/19.01.2004- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 87-110)
(g) 19.01.2004 - defendants no. 6/1 through Sri Fazale Alam, Advocate and 6/2 through Sri Irfan Ahmad, Advocate and defendant no. 26 (Suit-5) through Sri T.A. Khan, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 110)
374. He states about the existence of the shop of his father selling Batasha and other sweet meats for offering to the God on the northern side wall of eastern gate of Sri Ramjanambhumi Temple which continued till December, 1992. He claims to have gathered information about the temple, Ramjanambhumi as well as Nirmohi Akhara etc. from his father. Paras 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 16 of the affidavit contain his statement about the existence of idol in inner courtyard, possession and ownership of Nirmohi Akhara and performance of Pooja by the priests of Nirmohi Akhara as under:
**4- esjs firk us eafnj jketUeHkwfe ifjlj o mlls lacaf/kr /keZLFky o fueksZgh v[kkM+k ds ckjs esa iwjh tkudkjh fn;k vkSj tc ls eSaus gks'k 460 laHkkyk rc ls cjkcj Lo;a lHkh rF; jketUeHkwfe eafnj ds ckjs esa v;ks/;k ds /kkfeZd egRo ds ckjs esa ;gka&v;ks/;k ds izfl) eafnjksa ds ckjs esa Lo;a tkudkjh ns[kdj o nhxj lk/kqvksa o egUrksa ls gqqbZA^^ "4. My father gave complete information about Ramjanmbhumi temple premises, the religious places related to it and the Nirmohi Akhara and after I attained maturity I gathered information about Ramjanmbhumi temple, the religious importance of Ayodhya and the famous temple of Ayodhya, myself and from different saints and Mahants." (E.T.C.) ^^5- esjs firkth us crk;k Fkk fd fnlEcj 1949 esa Hkhrjh Hkkx tks rhu f'k[kj ds uhps lh[kps okyh nhoky rd gS] dqdZ gks xbZ Fkh eq>s ;g Hkh crk;k Fkk fd dqdhZ ds igys ls Hkhrjh Hkkx xHkZx`g ftls dgrs gSa] esa Hkxoku jkeyyk fojkteku pys vk jgs gSa A Hkxoku jkeyyk dh& v"V/kkrq dh ewfrZ gSA eq>s esjs firkth us crk;k Fkk fd ;g ewfrZ fueksZgh v[kkM+k ds fdlh ljcjgdkj egUr ;k iap us ekuo ;knnk'r ds igys izfr"Bk djkbZ FkhA^^ "5. My father had told me that in December, 1949 the inner part, which was under the three domes and extended upto the grill wall, had been attached. I was also told that Lord Ramlala had been present in the inner part called 'Garbh-grih', even prior to the attachment. The idol of Lord Ramlala is made up of 'Ashtadhatu'. My father had told me that this idol had been placed by some Sarbarhakaar Mahant or Panch of Nirmohi Akhara, much beyond human memory." (E.T.C.) ^^7- jkeyyk Hkxoku ds vykok esjs firk us crk;k Fkk vkSj eSa Hkh vius gks'k ls ns[k jgk gWwa fd y[ku yky dh Hkh v"V/kkrq dh ewfrZ gS tks pkanh ds flagklu tks lok QqV yEck pkSM+k o yxHkx Ms<+ QqV ÅWpk ij fojkteku jkeyyk Hkxoku ds lkFk gSaA cxy esa guqekuth dh ewfrZ ik"kk.k dh nhoky ds lgkjs gS ftls Hkh esjs firk us crk;k igys ls dk;e 461 pyk vk jgh gS vkSj eSa Hkh vius gks'k ls ns[krk pyk vk jgk gWwaA lkfyx jke Hkxoku Hkh 4&5 vnn flagklu pkanh ij j[ks jgrs gSaA^^ "7. It was told by my father and has also been witnessed by me since I gained understanding that besides Lord Ramlala, there was a 'Ashtadhatu' idol of Lakhanlal as well and that it existed over a 1 ¼ feet wide and 1 ½ feet tall silver throne along with Lord Ramlala. In the side is the stone idol of Hanuman ji in support of wall and my father had told me that it existed since earlier times, and this was witnessed by me since I gained understanding.
There were 4-5 Saligram over the silver throne." (E.T.C.) ^^8- Hkhrjh Hkkx dh iwtk&ikB mRlo leS;k dqdhZ ds igys fueksZgh v[kkM+k djrk Fkk ftls esjs firk us crk;k vius gks'k ls Hkhrjh Hkkx fjlhoj ds izcU/k esa ns[k jgk gWwa ysfdu vius gks'k ls ckgjh Hkkx ftlesa jkepcwrjk eafnj] f'ko njckj] NBh iwtk LFky] pj.k fpUg] Hk.Mkjx`g vkfn Hkkx ij fueksZgh v[kkM+k dk izcU/k bUrtke ns[krk vk;k gWwa tc rd fd lu 1982 Qjojh esa ckgjh Hkkx Hkh dqdZ gks x;kA^^ "8. The worship, ceremony of the inner part was carried out by the Nirmohi Akhara prior to the attachment, which was told to me by my father. Since I gained understanding, I have seen the inner part under the control of Receiver but I have found the Nirmohi Akhara involved in in management of the outer part, which included Ramchabutara temple, Shiv Darbar, Chhathi worship place, footmarks, store room etc., till the outer part was attached in February, 1982." (E.T.C.) ^^9- mDr dqdZhZ ds ckn nksuksa Hkkx ;kuh ckgjh o Hkhrjh Hkkx ds fjlhoj Jh ds0ds0 jke oekZ gq, vkSj fjlhoj rks cnyrs jgs ysfdu iwjk <kapk 6 fnlEcj 1992 dks HkhM+ us fxjk fn;k blds ckn esjh nqdku ;gka ugha jgh vc eSa ckgj vekaok eafnj ds lkeus nqdku djrk gWwaA^^a "9. After the said attachment, Sri K.K. Ram Verma was 462 appointed Receiver of both the parts viz. the inner and outer part. The Receivers kept changing. The entire structure was demolished by the masses on 6th December, 1992 and after it my shop ceased to exist at that place. Now my shop is situated in front of Amawan temple." (E.T.C.) ^^10- fjlhoj dks esjs firkth ds tekus ls esjs gh nqdku ls ckyHkksx o nw/k Hkxoku jkeyyk ds fy, tkrk FkkA^^ "10. The 'Balbhog' and milk for Lord Ramlala used to go to the Receiver from my shop, from the days of my father." (E.T.C.) ^^11- eSa <kapk fxjus ds ckn nw/k vc Hkh nsus tkrk gWwaA^^ "11. I still go to deliver milk despite demolition of the structure." (E.T.C.) ^^12- xHkZx`g ds Hkxoku jkeyyk dk n'kZu cjkcj djrk jgk gWwa tks <kapk fxjus ds igys Fks] ogh jkeyyk vc Hkh gSaA^^ "12. I have regularly had the 'darshan' of Lord Ramlala in the 'Garbh-grih'. The Lord Ramlala present before demolition of the structure, is the same Ramlala present today." (E.T.C.) ^^13- ckgj okys Hkkx dk eafnj jkepcwrjk esa Hkh Hkxoku jkeyyk o y[kuyky th o Hkjrth ekrk dkSf'kY;k th guqekuth ewfrZ;ka xqQk eafnj esa feykdj jgh gSa eafnj dkB dk xaxk tequh&pcwrjk jkeeafnj ij jgk gSA f'ko njckj ckgjh ifjlj nhoky ds vUnj iwjch nf{k.k dksus esa ihiy isM+ ds uhps f'ko njckj laxejej iRFkj dk jgk Fkk ftlesa 'akdjth dk v?kkZ ikoZrhth] x.ks'kth] "k"Veq[kh 'kadjth o uUnhth jgs Fks tks rhuksa /kkfeZd ifo= LFky cus tgka eSaus vius gks'k ls cjkcj dqdhZ 1982 rd dCtk o n[ky fueksZgh v[kkM+k v;ks/;k dk ns[kk gSA eSaus bu lHkh /kkfeZd LFkyksa ij iqtkjh fueksZgh v[kkM+k dk ns[kk gS esjs gks'k ds le; tsB 1950 ds djhc eSaus ek0 HkkLdj nkl dks crkSj iqtkjh ns[krk pyk vk jgk gWwa tks ogka 1962 rd jgs ckn esa fueksZgh v[kkM+s ds iqtkjh fl;k jk?ko lju 463 jgs tks 1982 dqdhZ rd jgsA^^ "13. The idols of Lord Ramlala, Lakhanlal, Bharat ji, mother Kaushalya ji and Hanuman ji were present in the Ramchabutara temple in the outer part as well as the cave temple. The temple 'Kath Ganga-Jamuni' was at Ramchabutara temple. The marble stone Shiv Darbar existed below the Pipal tree in south-east corner within the wall of the outer premises, where Shankar ji's better half Parvati ji, Ganesh ji, Six faced Shankar ji and Nandi ji were present, which all became sacred religious places and from the day of my gaining understanding to the attachment of 1982, I have witnessed the possession of Nirmohi Akhara, Ayodhya extend over all of them. I have seen the priest of Nirmohi Akhara at all these religious places. From the days of my gaining of understanding in summer of 1950, I have seen M. Bhaskar Das as priest, who continued as such till 1962. Thereafter, Nirmohi Akhara's Sia Raghav Saran became the priest and continued till the attachment of 1982." (E.T.C.) ^^14- gj esys esa rks esjs gks'k ls v;ks/;k esa Jhjke tUeHkwfe ifjlj esa Hkkjro"kZ ds dksus&dksus ls HkDrx.k n'kZu djus vkrs jgs tks iwjch xsV ls tkrs Fks] o esyk esa mRrjh xsV Hkh bLrseky gksrk jgk gSA^^ "14. As far as I recollect, devotees from all parts of India came to Sri Ramjanmbhumi premises in each fair to have 'darshan'. They entered from the eastern gate. The northern gate was also used during fairs." (E.T.C.) ^^16- esjs 1950 tsB ekg esa gks'k laHkkyus ij tcfd mlh ekg esa dksbZ odhy }kjk ukitks[k ekSds ij gks jgh Fkh] rHkh esjs firkth us eqdnes dh ckrsa crykbZa vc eSa tkurk gWwa fd nhokuh eqndek py jgk gSs vkSj fueksZgh v[kkM+k ,d eq[; Ik{kdkj gS tks lqUuh lsaVzy oDQ cksMZ ls eqdnek yM+ jgk gSA fueksZgh v[kkM+k ds lk/kq Hk.Mkjx`g esa cjkcj dqdhZ 1982 rd 464 jgrs jgs gSa vkSj Jhjke tUeHkwfe eafnj ds iwohZ nfD[kuh dksus ij lqfe=k Hkou eafnj fueksZgh v[kkM+k ds iap e0 jkenkl dk Fkk tks esjs gks'k ds igys dk Fkk rFkk lhrkdwi ds ikl jkeyyk eafnj NksVs&NksVs fueksZgh v[kkM+k ds lk/kqvksa ds igys ls dk;e pys vk jgs Fks ftUgsa 1991 vDVwcj esa m0iz0 ljdkj us vf/kxzg.k dj fxjok fn;k FkkA^^ "16. I gained understanding in 'Jyeshtha' month of 1950 and in the same month some measurement of the site was carried out by some advocate. It was at that point of time that my father had told me about the case. I now know that a civil case is pending and the Nirmohi Akhara is a main party and is contesting against Sunni Central Waqf Board. The saints of Nirmohi Akhara have continuously remained in the store room till the attachment of 1982. The Sumitra Bhawan temple in east-south corner of Sri Ramjanmbhumi temple, was of Nirmohi Akhara's Panch M. Ramdas and it was of period prior to my attainment of understanding. Small Ramlala temples near the Sitakoop, were already in existence and in October, 1991 they were demolished after acquisition by the U.P. Government." (E.T.C.)
375. Paras 15 and 17 contains his (DW 3/6) statement about the constitution of Nirmohi Akhara, its function and Mahant etc. which shall be dealt with later on. In para 18 he says that he never saw any Muslim offering Namaz in the disputed premises and the said premise has never been used as mosque either inside or outside.
376. DW 3/7, Mahant Ramji Das, resident of Mohalla Shringar Hat, Ayodhya, District Faizabad, is aged about 82 years (as per his affidavit dated 30.01.2004). He was cross examined in the following manner :
(a) 30.01.2004- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 465 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 11-
16)
(b) 03.02.2004- by Mahant Suresh Das, defendant no. 2/1 (Suit-4) and Suit-5 through Sri Madan Mohan Pandey, Advocate (p. 18-22)
(c) 03.02.2004-by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 22-24)
(d) 03.02.2004- by defendant no. 20 (Suit-4) through Km. Ranjana Agnihotri, Advocate (p. 25-26)
(e) 03/04.02.2004- by Mohd. Faruk Ahmad, defendant no. 11 through Sri Abdul Mannan, Advocate (p. 27-37)
(f) 04/10/23/24/25/26/27/.02.2004, 01/03/04/05/10/11/12/ 16.03.2004- by Sunni Central Board of Waqf, defendant no. 9 through Sri Zafaryab Jilani, Advocate (p. 37-174)
(g) 16/17.03.2004- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 174-188)
(h) 17.03.2004- defendants no. 6/1 and 6/2 (Suit-3) through Sri Irfan Ahmad, Advocate defendant no. 26 (Suit-5) through Sri C.M. Shukla, Advocate adopted the cross examination already done by Sri Abdul Manna, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 188)
377. His date of birth is 13.04.1923. He attained age of understanding at 12. His parents were very religious. DW 3/7 used to visit Ayodhya accompanied with his parents. He has supported the issue that Lord Ram was being worshiped inside the courtyard and the said temple was maintained and looked after by the Bairagis of Nirmohi Akhara. Hindu people used to worship inside the courtyard and he never saw any muslim to 466 offer Namaz at the premises in dispute. His statement contained in paras 5, 6, 7, 8, 10, 15, 16, 17, 18, 19, 23, 24, 25, 26, 28, 28- A, 29, 30, 31, 32, 33 and 34 of the affidavit is as under:
**5- esjs firk o ekrk esjs gks'k esa tc&tc v;ks/;k vk;s] vius xq:& ?kjkuk] efUnj cM+k LFkku jkedksV v;ks/;k Bgjrs Fks vkSj ogha ls lj;w Luku] izfl) efUnj jke tUe Hkwfe] guqeku x<+h o dud Hkou vkfn dk n'kZu djrs Fks] eSa Hkh muds lkFk mijksDr efUnjksa esa Hkxoku dk n'kZu djus tkrk FkkA** "5. On my coming of age whenever my parents came to Ayodhya they stayed at their Guru Gharana temple at Bada Sthan, Ramkot in Ayodhya and from there they proceeded to have a bath in Saryu and to have darshan of the famous Ram Janam Bhumi temple, Hanumangarhi, Kanak Bhawan, etc.. I also went along with them to have darshan of 'Bhagwan' at the aforesaid temples." (E.T.C.) **6- eSa efUnj jke tUe Hkwfe vius 11 ;k 12 lky dh mez ls cjkcj tkrk jgk gwWaA** "6. I have consistently been going to the Ram Janam Bhumi temple since I was of 11 or 12 years of age."
(E.T.C.) **7- eSa tc igyh ckj vius ekrk&firk ds lkFk efUnj Jhjke tUeHkwfe Hkxoku dk n'kZu djus x;k rks esjs firk th us crk;k fd ;g izfl) efUnj tUe Hkwfe gS tgka Hkxoku jkeyyk fojkteku gSa mDr tUe Hkwfe ifjlj nks Hkkxksa esa Fkk ;kfu lhadps ds if'pe rhu f'k[kj ds uhps Hkhrjh Hkkx] tgka chp ds f'k[kj ds uhps Hkxoku jkeyyk o y[kuyky dh ewfrZ cky :i esa fojkteku Fkh o guqeku th Hkh cxy esa fojkteku Fks rFkk 4&5 lkfyxjke Hkxoku Hkh Fks] Hkxoku jkeyyk o y[kuyky o lkfyxjke pkanh ds flagklu esa Fks ml flagklu ds ckgj guqeku th fojkteku FksA** "7. When I, for the first time, went along with my parents to have darshan of the presiding deity at Sri Ram Janam 467 Bhumi temple, my father told me that this famous temple is 'Janam Bhumi' (birthplace) where Lord Ram Lala is seated. The said Janam Bhumi premises was divided into two parts, that is to say, towards the west of the bar and beneath the three towers lay the inside part, where beneath the central tower lay the idols of Ram Lala and Lakhan Lal in their baby forms and Hanumanji was also seated next to them and there were also 4-5 idols of Lord Saaligram. Lord Ram Lala, Lakhan Lal and Saaligram were seated on a silver throne and Hanumanji was seated outside that throne." (E.T.C.) **8- mDr Hkxoku jkeyyk dk n'kZu vUnj tkdj eSaus vius ekrk&firk ds lkFk fd;k vkSj esjs firk th us crk;k ;g jke yyk Hkxoku gSa ;g y[kuyky gSa vkSj ;g guqeku th gSaA Hkxoku jkeyyk o y[kuyky v"V/kkrq ds gSa] vkSj guqeku th ik"kk.k ds gSaA** "8. On going inside I had darshan of the said Lord Ram Lala accompanied with my parents and my father told me that it is Ram Lala; it is Lakhan Lal and it is Hanumanji. Idols of Lord Ram Lala and Lakhan Lal are made of 'ashtadhatu' and that of Hanumanji is made of stone." (E.T.C.) **10- igyh ckj tc eSa firkth ekrk ds lkFk x;k Fkk rks ckgjh Hkkx tUeHkwfe efUnj esa jke pcwrjk efUnj o jke pcwrjk efUnj ds iwoZ o nf{k.k dksus ij ckgjh nhoky ds vUnj ihiy isM+ ds fups f'ko ifjokj jgk gS rFkk HkUMkj xzg o NV~Bh iwtk LFky ftlesa pkj&pj.k&fpUg pkjksa HkkbZ;ksa o pwYgk] csyu] pdyk laxejej dk Fkk tks dkSf'kY;k jlksbZ ds uke ls tkuk tkrk gSA** "10. When I for the first time went there accompanied with my parents, we saw Ram Chabutra temple in the exterior part of the Ram Janam Bhumi temple and on the east-southern corner of the Ram Chabutra temple there lay 468 the Shiva family beneath the fig-tree inside the exterior wall and there were store house and the Chhathi worship place with four foot-marks of the four brothers and with hearth, rolling-pin and 'chakla' made of marble which are known as Kaushalya Rasoi." (E.T.C.) **15- eS tc ls Jh jke tUe Hkwfe efUnj n'kZu djus tkrk jgk gwWa lnSo eSaus ogka reke n'kZukfFkZ;ksa dks n'kZu djrs] ijlkn nzO; Qwy vkfn p<+krs o vkjrh pj.kke`r ysrs ns[kk gSA** "15. Since the time I have been going to have darshan of Sri Ram Janam Bhumi temple I have always seen several devotees having darshan, offering 'prasad', 'dravya' (materials), flowers, etc., performing 'aarti' and taking 'charnamrit'." (E.T.C.) **16- ;g fd 1940 bZ0 esa jke uoeh ds igys ef.kjke nkl dh Nkouh esa Lokeh jkelqUnj nkl dk f'k"; cuk vkSj rcls v;ks/;k esa gh jgrk gqvk cSjkxh lEiznk; ds lk/kw ds lHkh jhfr fjokt dk ikyu dj v;ks/;k &okl djrk pyk vk jgk gwaA ftlesa lj;w Luku] Jhjke tUeHkwfe] guqeku th o dud Hkou o ckfYehfd vkJe] NksVh Nkouh] HkDreky vkfn efUnjksa esa fojkteku Hkxoku dk n'kZu vkfn 'kkfey gSA** "16. That I became a disciple of Saint Ram Sundar Das at the camp of Mani Ram Das before Ram Navami in 1948 and since then I have been staying at Ayodhya, adhering to all rites and customs ordained for saints of the Bairagi sect which include taking a dip in Saryu and having darshan etc. of presiding deities at temples called Sri Ram Janam Bhumi, Hanumanji, Kanak Bhawan, Valmiki Ashram, Chhoti Chhavani, Bhaktmal, etc.." (E.T.C.) **17- ;g fd 1948 bZ0 ;kfu f'k"; cuus ds ckn eSa vius xq: egkjkt Lokeh jke lqUnj nkl ds lkFk ef.kjke nkl Nkouh esa jgrk jgk ckn esa lu~ 1962 esa esjs xq: egkjkt us eksgYyk&J`axkj gkV esa Hkou dksVZ uhyke esa ysdj Bkdqj jke&tkudh dh LFkkiuk dj rqylh ekul efUnj 469 uke j[kk vkSj Lo;a egUFk o ljcjkgdkj jgsA mDr efUnj J`axkj gkV esa fLFkr gS tks eq[; v;ks/;k ds cktkj esa Fkh] eSa ogka ls cjkcj Jhjke tUe Hkwfe n'kZu djus tkrk jgk gwaA o"kZ 1969 ls eSa mDr rqylh ekul efUnj dk egUFk o ljcjkgdkj gwaA** "17. That after 1948, that is, after becoming disciple I kept staying at the Mani Ram Das Chhavani alongwith my spiritual teacher Maharaj Swami Ram Sundar Das. Later on, in 1962, my spiritual teacher, after receiving building/court through auction, established Thakur Ram Janaki at Mohalla Sringarhaat and named it Tulsi Manas Mandir and he himself remained its Mahanta and Sarvarahakar. The said temple is located at Sringarhaat, which was in the market of Ayodhya. From there I have consistently been going to have darshan of Sri Ram Janam Bhumi. I have been Mahanta and Sarvarahakar of the said Tulsi Manas temple." (E.T.C.) **18- ;g fd tc ls eSa] gks'k lEHkkyus ls firk th ds lkFk Jhjke tUe Hkwfe n'kZu djus tkrk jgk gwa rc rc ges'kk eSaus Hkhrj Hkkx o ckgjh Hkkx jke pcwrjk] efUnj NV~Bh iwtk LFky ns[kk gS tgkWa iqtkjh vkjrh djrs Fks o n'kZukFkhZ;ksa ls ijlkn o Qwy vkfn ysrs vkSj mUgsa ijlkn o pj.kke`r nsrs FksA esjs iwNus ij firk th us crk;k fd ;g iqtkjh o lk/kw fueksZgh v[kkM+k ds gSaA f'k"; cuus ds ckn ls eq>s vPNh rjg ekywe gS fd eafnj Jhjke tUeHkwfe dh ckgjh Hkkx ,oa xHkZ x`g Hkhrjh Hkkx dh O;oLFkk o ns[kHkky o Hkxoku jke yyk dh lsok iwtk vkfn fueksZgh v[kkM+k ds iqtkjh o lk/kw djrs jgs gSaA** "18. Since the time I have come of age I have been going along with my father to have darshan of Sri Ram Janam Bhumi. Whenever I had been visiting its inside and outside portions, the Ram Chabutra temple and the Chhathi worship-place where priests performed 'aarti' and took 'prasad', flowers, etc. from devotees and gave them 'prasad' 470 and 'charnamrit'. On being queried by me my father told me that those priests and saints belonged to the Nirmohi Akhara. Since the time I became disciple I am well acquainted that priests and saints of Nirmohi Akhara have been managing and looking after the exterior part of Sri Ram Janam Bhumi temple and its interior part, that is, sanctum sanctorum and have also been engaging themselves in the service, worship etc. of Lord Ram Lala." (E.T.C.) **19- ;g fd o"kZ 1948 esa fueksZgh v[kkM+k ds xksydh jke y[ku nkl th Fks ftuls esjk ifjp; 1948 esa lk/kw cuus ds ckn ogha tUe Hkwfe ij gqvkA mDr jke y[ku nkl xksydh tc dHkh esjs n'kZu djus tkus ds njfe;ku feys] rks eq>s ekSfyJh isM ds uhps HkUMkj x`g] lUr fuokl ds lkeus cSBk dj pk; vo'; fiykrs Fks ogka tUe Hkwfe o v[kkM+s ds ckjs esa crkrs FksA ml le; egUFk j?kqukFk nkl Fks o xksydh th ls gh eSaus iqtkjh cynso nkl dks tkuk igpkukA ml le; v[kkM+s ds vkSj Hkh lk/kw Fks ftuesa ls egUFk Hkk"dj nkl tks vkt dy fueksZgh v[kkM+k ds ljiUp o ukdk guqekux<+h ds egUFk gSa] dks ml le; Hkh efUnj jke pcwrjk o Hkhrjh esa ek= ns[kk Fkk 1948 ls gh eSa bUgsa tku x;k Fkk fd ;g iqtkjh cynso nkl ds f'k"; gSa dqdhZ gksus ds igys ;kfu ekg fnlEcj 1949 ds igys rd Hkhrjh Hkkx xHkZx`g esa iwtk ikB fueksZgh v[kkM+k ds iqtkjh djrs Fks dqdhZ ds ckn fjlhoj dk iqtkjh gks x;kA dqdhZ ckn ckgjh Hkkx ;kfu jke&pcwrjk efUnj o NV~Bh iwtk LFky vkfn ij iqtkjh ds :i esa egUFk Hkk"dj nkl dks 20lksa lky ns[kk muds ckn fl;k jk?ko 'kj.k iqtkjh gq, vkSj mUgha ds iqtkjh dky esa 1982 Qjojh esa /keZnkl ds fookn esa ckgjh Hkkx dqdZ gks x;k o Hkhrj okys Hkkx ds fjlhoj gh ckgj okys Hkkx ds Hkh gks x,A** "19. That in 1948, there was one named Golki Ram Lakhan of the Nirmohi Akhara with whom I got acquainted at that very Janam Bhumi after becoming a saint in 1948. Whenever the said Ram Lakhan Golki met me while having 471 darshan, he certainly seated me beneath the 'Maulishri Tree' in front of the store house and Saint Niwas and got tea served to me and told me about the Janam Bhumi and the Akhara. At that time Raghunath Das was Mahanta and I got acquainted with priest Baldev Das only through Golkiji. At that time the Akhara had some more seers including Mahanta Bhaskar Das who is presently 'sarpanch' of the Nirmohi Akhara and Mahanta of Naka Hanumangarhi. I had seen him at the Ram Chabutra temple and in the interior part even at that time. Since 1948, I had came to identify him as the disciple of priest Baldev Das. The priests of the Nirmohi Akhara performed 'pooja-path' in the inner part, that is, sanctum sanctorum before the attachment, that is, the month of December in 1949. After the attachment there came to be a priest on behalf of the Receiver. After the attachment Mahanta Bhaskar Das had been seen performing as a priest in the exterior part, that is, at the Ram Chabutra temple and the Chhathi worship place etc. for 20 years. After that Siya Raghav Saran came on to be the priest and while his being the priest, the exterior part came to be attached in February 1982, due to a dispute involving Dharm Das and the receiver of the interior part came to be that of the exterior part also." (E.T.C.) **23- ;g fd tc ls eSa ns[k jgk gwWa fookfnr ifjlj ;kfu ckgjh o Hkhrjh Hkkx esa dHkh fdlh eqlyeku dks uekt i<+rs ugha ns[kkA** "23. That since the time I have been observing things I never saw any Muslim offer namaz in the disputed premises, that is, in its exterior and interior parts." (E.T.C.) **24- ;g fd ifjlj ds ckgj _f"k;ksa dh lekf/k;ka FkhA** 472 "24. That there were tombs of seers outside the premises." (E.T.C.) **25- ;g fd fookfnr ifjlj ds lkeus iwoZ rjQ fueksZgh v[kkM+s ds lk/kw NksVs&NksVs efUnj cuk jgrs Fks lhrk dwi efUnj] jkeyyk efUnj vkfn fVu 'ksM esa FksA iwoZ o nf{k.k dksus ij eq[; xsV ls 200 ;k 250 fQV ds Qlys ij lhrk dwi ifo= dqavk gS ftldh /kkfeZd vkLFkk dh ekU;rk jgh gSA** "25. That towards the east of and opposite to the disputed premises, seers of the Nirmohi Akhara had small temples constructed. The Sitakoop temple, the Ram Lala temple etc. were under a tin shed. On the east-southern corner and at the distance of 200 or 250 feet from the main gate there was a holy well called Sitakoop, which has been a seat of religious reverence." (E.T.C.) **26- ;g fd o"kZ 1949 Qjojh ds igys ls gh tUe Hkwfe efUnj ds ckgj eSnku o dFkk eUMi esa cjkcj jkek;.k ikB] /kkfeZd izopu gksrk Fkk vkSj cjkcj HkkhM+ /kkfeZd izopu lquus vkrh FkhA** "26. That even before February 1949, there used to be Ramayana path (recitation of the Ramayana) and religious sermons in the field outside the Janam Bhumi temple and at the Katha Mandap, and people used to flow in to listen to religious sermons." (E.T.C.) **28- ;g fd o"kZ 1935 ;kfu tc ls eSaus gks'k lEHkkyk vkSj fookfnr ifjlj esa n'kZu djus tkus yxk rc ls cjkcj bUrtke o dCtk fueksZgh v[kkM+ksa okyksa dk ns[kk] fueksZgh v[kkM+k ,d iapk;rh eB gS vkSj /kkfeZd laLFkk o U;kl gS eq>s&f'k"; cuus ds ckn /khjs&/khjs mDr v[kkM+s o fuokZ.kh&v[kkM+k ftlds vUrxZr guqekux<+h gS] ds jhfr fjokt ds ckjs esa tkudkjh gq;hA** "28. That since 1935, that is, since the time I began to understand things and started going to the disputed premises to have darshan, I have consistently seen it in the 473 management and possession of the Nirmohi Akhara men. The Nirmohi Akhara is a monastery modelled on a panchayat system and it is also a religious institution and trust. On becoming disciple I gradually came to be acquainted with rites and customs of the said Akhara and the Nirvani Akhara, which includes Hanumangarhi." (E.T.C.) **28 ,- ;g fd eSa 'kkL=h ijh{kk ikl gwWa vkSj laLd`r dk Kku gSA ckYehfd jkek;.k] v/;kRe jkek;.k] Hkkxor fo".kq iqjk.k vkfn i<+k gSA oSfnd lkfgR; ds vk/kkj ij eSa jke dks ijczEg ijes'oj vkfn Js"B ekurk gwWaA** "28 A. That I am a Shastri pass and have knowledge of Sanskrit. I have read Valmiki Ramayana, Adhyatma Ramayana, Bhagwat Vishnu Purana, etc.. On the basis of the Vedic literature I regard Rama as the Supreme Soul/Supreme Being etc" (E.T.C.).
**29- ;g fd Hkxoku jke egk fo".kq ds vorkj gSa vkSj Hkxoku jke blh fookfnr ifjlj esa xHkZ x`g esa izdV gq, gSa blfy, ;g jke tUeHkwfe dgykrk gSA** "29. That Lord Rama was an embodiment of Maha-Vishnu and Lord Rama appeared in the sanctum sanctorum in this very disputed premises. Hence, it is called Ram Janam Bhumi." (E.T.C.) **30- ;g fd cSjkxh lEiznk; ls esjk rkRi;Z vkSj lUnHkZ esjs c;ku esa Jh jkekuUnh; Jh oS".ko cSjkxh ls gS ftldk eSa Hkh lk/kw gwaA** "30. That by the Bairagi sect I mean and refer to Sri Ramanandiya Sri Vaishnav Bairagi sect, which finds mention in my statement and of which I am also a saint." (E.T.C.) **31- ;g fd ckYehfd jkek;.k esa cky dkUM lxZ&5 v;ks/;k fuekZ.k euq }kjk o lxZ 15 'yksd 27 ls 34 rd esa Hkxoku fo".kq }kjk tUe Hkwfe dk rFkk vorkj ysdj 11000 o"kksZ rd jgus dk vk'oklu nsuk ik;k 474 tkrk gSA** "31. That in the fifth 'sarga' of Valmiki Ramayana's Baalkand we come across description of settling Ayodhya by Manu and in stanzas 27 to 34 of its 15th 'sarga' we find Lord Vishnu speaking of Janam Bhumi and giving an assurance to incarnate himself and to live for 11000 year." (E.T.C.) **32- ;g fd v/;kRed jkek;.k ds vuqlkj iw.kZ czEg ijes'oj jke gS Jh czEgk fo".kq Hkxoku] 'kadj Hkxoku Jhjke ds va'k gSa ;gh gekjs lEiznk; ds izoZrd Lokeh jkekuUn dk izfrikfnr fl)kUr gSA** "32. That as per Adhyatma Ramayana, Rama is the Supreme Being and Sri Brahma, Lord Vishnu and Lord Shankara are partial incarnation of Sri Rama. This is the principal laid down by Swami Ramananda, proponent of our sect." (E.T.C.) **33- ;g fd bu iqLrdksa dk QksVks LVsV dqN fooj.k lwph 1 ls 8 rd dk nkf[ky dj jgk gwa tks esjs Kku dk izek.k gS ftls eSa lgh ekurk gwWaA** "33. That I am filing photostat copies of some details from these books vide lists 1 to 8 which are a proof of my knowledge and which I take to be true." (E.T.C.) **34- ;g fd ,sls esa czEg Hkxoku Jhjke dh tUe Hkwfe gksus ds dkj.k fookfnr iwjk ifjlj iwT; gSA** "34. That such being the position and due to its being the birthplace of the Supreme Being Lord Rama, the whole of the disputed premises is revered." (E.T.C.)
378. DW 3/8, Pt. Shyam Sundar Mishra, aged about 90 years (vide his affidavit dated 30.01.2004). He was cross examined in the following manner:
(a) 12.02.2004- by Mahant Suresh Das, defendant no. 2/1 (Suit-4) and Suit-5 through Sri Madan Mohan Pandey, 475 Advocate (p. 9-11)
(b) 12.02.2004- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 12-
20)
(c) 12/13.02.2004- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 20-30)
(d) 13/16/17.02.2004, 05/06.04.2004- by Sunni Central Board of Waqf, defendant no. 9 through Sri Zafaryab Jilani, Advocate (p. 30-85)
(e) 06/07.04.2004- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 85-112)
(f) 08.04.2004- by defendant no. 11, Mohd. Faruk, through Sri Abdul Mannan, Advocate (p. 114-125)
(g) 08.04.2004- defendant no. 6/1 and 6/2 (Suit-3) through Sri Nadeem Siddiqui, Advocate, Brief Holder, Sri Irfan Ahmad, Advocate and defendant no. 9 (Suit-4), Mahmood Ahmad, through Sri Shakilurrhman Siddiqui, Advocate adopted the cross examination already done by Sri Abdul Mannan, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 125)
379. He is residing at Ayodhya since seven generations. His residence is less than 400 yards from the Ramjanambhumi Temple. He has studied up to middle school and by profession is Purohit. Since the age of 14 he has been visiting Ramjanambhumi Temple and thereat attending Nirmohi Akhara, practicing wrestling etc. The Akhara run by Mahant Ram Charan Das who was proficient in wrestling, horse riding, and military exercises. About the existence of idol inside the 476 courtyard, management and ownership of Nirmohi Akhara prior to December, 1949, and 1934 riot, he has made statement in paras 5, 6, 7, 8, 9, 10, 11, 12, 14, 17, 18 and 19 of the affidavit as under:
^^5- v;ks/;k ds iapdkslh ifjdzek ekxZ ds ikl ekStk 'kkgtgkaiqj dk naxk tks cdjhn naxs ds uke ls e'kgwj gS o"kZ 1934 esa ?kfVr gqvk ml le; esjh mez yxHkx 18&19 o"kZ FkhA eSa iwjk uo;qod FkkA mlds nks&rhu lky igys ls gh eSa iqjksfgrh iafMrkbZ dk dke djus yxk Fkk] bl flyflys esa v;ks/;k ds izfl) eafnjksa esa vkuk&tkuk esjk cjkcj jgrk Fkk vkSj bl le; eSa eafnj dud Hkou dk iqjksfgr [kkunkuh gwWaA** **5- The riot of the year 1934, which is known as the Bakrid riot, broke out in village Shahjahanpur near the Panchkosi (distance of five kose, one kose being equal to two miles) circumambulation path in Ayodhya. At that time, I was aged about 18-19 years. I was a young man. I had entered into priest-ship about 2-3 years earlier to that. I used to visit the famous temples of Ayodhya in this connection and at present I am the family priest of the Kanak Bhawan temple." (E.T.C.) **6- /kkfeZd czkg~e.k ifjokj gksus ds dkj.k eSa jketUeHkwfe eafnj dk n'kZu jkst djus tkrk FkkA Jh jke tUeHkwfe eafnj ds lkeus lhrkdwi ds ikl v[kkM+s esa dq'rh lh[kus o yM+us eSa lu~ 1936 rd x;k gwWa A bl v[kkMk esa eSa lqcg ikap cts fu;fer :i ls tkrk jgk gwWa A ;g v[kkMk tUe Hkwfe ds xsV ls lhrk dwi dqa, ds ikl yxHkx ,d ?kaVk rd jgrk FkkA mlds ckn n'kZu djrs Fks vkSj ?kj pyk tkrk FkkA tgka v[kkMk gS ogka ls efUnj tUeHkwfe dk iwohZ xsV fn[kkbZ iM+rk gS vkSj vxj efUnj tUeHkwfe ls dksbZ rst vkokt ls cksysxk rks v[kkM+s esa [kM+s O;fDr dks lqukbZ iM+sxkA tc eSa lqcg lu~ 1936 rd dq'rh yM+us tkrk Fkk rks blh njE;ku lwjt dh fdj.k QwVrh Fkh dksbZ vtku fookfnr ifjlj ls dHkh ugha lquh u m/kj fdlh eqlyeku dks tkrs gq, ns[kk vkSj u fdlh dks uekt i<+rs ns[kkA** 477 **6- On account of belonging to a religious Brahman family, I daily went to the Ramjanmbhumi temple to have 'Darshan' (offering prayer by sight). I had been to the arena near Sita Koop opposite Sri Ramjanmbhumi temple, till the year 1936 to practice wrestling. I regularly went to this arena at 5 AM. This arena existed for about an hour between the Janmbhumi gate and the Sita Koop well. After this, I used to have 'Darshan' and then returned home. The eastern gate of the Janmbhumi temple is visible from the arena and if somebody speaks in high pitch at the Janmbhumi temple, the same would be heard by a person standing in the arena. When I went to practice wrestling in the morning till the year 1936, the sun used to dawn in the said period but I never heard any Ajaan from the disputed premises nor saw any Muslim either go in that direction or offer Namaz." (E.T.C.) ^^7- lu~ 1936 esa v[kkM+k tkuk tc NksM+k rks eSa tUeHkwfe lk;adky esa tkrk Fkk D;ksafd lqcg ds le; lj;w Luku o iqjksfgr dk dk;Z djuk iM+rk FkkA lu~ 1934 ds xkS&dlh naxk ekStk 'kkgtgkWaiqj tkyik ukyk ls 'kq: gqvk Fkk vkSj ftlds pisV esa dft;kuk] Vs<+h cktkj] nqjkgh dqvka] lqrgVh] dksBh ?kkV o dVjk vkfn eqgYys FksA tgka eqlyeku dkQh ekjs x;s vkSj dqN dcjsa rksM+h x;h Fkhaa A ml le; Hkh v;ks/;k esa cgqr de gh eqlyeku ds ?kj Fks vkSj bl okd;s ls eqlyeku dkQh ng'kr esa Fks vkSj eafnj ls jketUeHkwfe dh lM+d rjQ rks tkuk gh NksM fn;s FksA lu~ 1934 es a fcz f V'k ljdkj us VS D l flQZ fgUnq v k sa ij gh yxk;k Fkk tk s nax k dPp s iDds ?kj ds fygkt ls yxk;k x;k FkkA^^ **7- In the year 1936, when I stopped going to the arena, I started going to the Janmbhumi in the evening because in morning I had to take holy dip in the Saryu and discharge duties of priest. The cow slaughter riot of the year 1934, 478 broke out in village Shahjahanpur Jalpa Nala and it extended over Quaziyana, Tedhi Bazar, Durahi Kuan, Suthati, Kothi Ghat, Katra and other localities, where number of Muslims were killed and some graves were destroyed. At that time also, there were very few houses of Muslims in Ayodhya and they were under much terror due to this incident and almost stopped going towards the road of Sri Ramjanmbhumi temple. In the year 1934, the British Government imposed tax only over Hindus as per the brick made or earth made houses." (E.T.C.) **8- lu~ 1934 ds nax s es a eqlyekuksa ds ?kj rksM+s x;s] dczsa rksM+h x;h y sf du fookfnr ifjlj dk dk sb Z Hkh Hkkx ugh a rk sM +k x;k Fkk dsoy FkksM+h cgqr nhokys {kfrxzLr gks x;h FkhaA** **8- The houses of Muslims and graves were destroyed in the riot of year 1934, but no part of the disputed structure was destroyed and only the walls were damaged a bit." (E.T.C.) **9- eSa tc n'kZu djus lu~ 1936 ds ckn tkus yxk rks esjs dqN tteku jke j{kk L+=ksr ikB djus ds fy, vuq"Bku nsrs Fks tks ikB eSa jketUeHkwfe ifjlj esa tkdj vDlj fd;k djrk Fkk ftlesa yxHkx nks ?kaVs yx tk;k djrs Fks ;g ikB eSa vius le;kuqdwy lqcg lk;adky dks djrk FkkA** **9- After the year 1936 when I started going to have 'Darshan', few of my 'Jajman' (client) gave me the assignment of reciting 'Ram Raksha Stotra' and the said recitation was mostly carried out by me at the Ramjanmbhumi premises and used to consume about two hours. I used to do the said recitation as per my convenience in morning or evening." (E.T.C.) **10- tcls eSa jketUeHkwfe ifjlj esa n'kZu o ikB djus tk jgk gwWa rHkh ls eSusa fdlh Hkh eqlyeku dks fookfnrj ifjlj ;kuh ckgjh o Hkhrjh 479 Hkkx esa uekt i<+rs ;k vtku nsrs u ns[kk u lqukA** *10- Since I have been going to the Ramjanmbhumi premises in connection with 'Darshan' and recitation, I have neither seen nor heard about any Muslim either offering Namaz or Ajaan in the inner and outer part of the disputed premises." (E.T.C.) **11- Hkhrjh Hkkx ds ekus eSa le>rk gwWa tks rhuksa f'k[kj ds uhps xHkZx`g vkSj mlds lkeus [kqyk lsgu tks lhdpsa dh nhokj ls f?kjk gS vkSj lu~ 1949 esa dqdZ gqvk] 1949 esa tks dqdZ gqvk gS mldh pkSgn~nh o uki eSa crk ldrk gwWaA xHkZx`g dk Hkkx yxHkx 35&36 QhV pkSM+k 95&96 QhV yEck gksxk vkSj lh[kps okyh lsagu 25&26 fQV pkSM+h vkSj 95&96 QhV yEch gSA dqdZ'kqnk Hkkx dk dqy Hkkx iwoZ&if'pe yxHkx 60&62 QhV mRrj ls nf{k.k yxHkx 95&96 QhV gSA** *11- By inner part, I mean the 'Garbh-grih under the three domes and the open courtyard in front of it, covered by grill wall and which had been attached in the year 1949. I can give the boundary and dimensions of the area attached in the year 1949.
The 'Garbh-grih' was about 35-36 feet long and the grill bound courtyard was about 25-26 feet wide and 95-96 feet long. The east-west side of the attached portion was about 60-62 feet in north to 95-96 feet in south." (E.T.C.) **12- fnlEcj] 1949 dh dqdhZ ds ckn fjlhoj ckcw fiz;knRr jke ¼ps;jeSu½ gq,A dqdhZ gksrs gh lhadps okyh yksgs ds nks njoktk esa iqfyl }kjk rkyk cUn gqvk Fkk ysfdu ckn esa n'kZu lhdps ls ckgj ls gksrk Fkk vkSj eSa n'kZu djrk Fkk vkSj n'kZukFkhZ ,sls gh n'kZu djrs Fks ml nkSjku eq>s dqdZ'kqnk lEifRr dh pkSgn~nh ekywe gks x;h tks ekSds ij cjkcj tkus ds dkj.k iqfyl o fjlhoj ds iqtkjh ls tkuk o ns[kh FkhA dqdZ'kqnk tehu dh pkSgn~nh iwjc% ckgjh gkrk] ftlesa jketUeHkwfe pcwrjk o HkUMkj x`g] lar fuokl 480 vkfn o dCtk fueksZgh v[kkMk if'pe% Ifjdzek ckngw <kbZ QhV dh eqjsM+h mRrj% NBh iwtu] pju&fpUg] tsjs bartke fueksZgh v[kkMk] nf{k.k% nf{k.k&if'pe 8&10 QhV gkrk cdCtk fueksZgh v[kkM+k ftlds mRrj iwjc jkepcwrjk eafnj o f'ko ifjokj gS rFkk if'pe rjQ tkfuc tehu ckgjh Hkkx ckgj ds rhu rjQ ls nhoky ls f?kjk gS tks nhoky 8&9 QhV ÅWph gS vkSj yxHkx Ms<+ QhV pkSMh gS blh nhoky esa iwohZ xsV gSA bl nhoky ds vfrfjDr mRrjh nhoky esa xsV gS iwohZ xsV vkSj mRrjh xsV ds vykok ckgjh Hkkx ;k Hkhrjh Hkkx esa vkus tkus dk vkSj dksbZ jkLrk ugha gSA ckgjh Hkkx esa jke eafnj pcwrjk ftl ij flagklu ydM+h dk flagklu gS vkSj jkeyyk th fojkteku gSaA pcwrjk lk<+s rhu fQV Åapk gS yxHkx 20&22 fQV yEck gS vkSj 16&17 QhV pkSM+k gSA pcwrjs esa nks xqQk eafnj gSA ,d esa dkS'kY;k th dkx&HkqlqUMh th gS vkSj nwljs esa Hkjr th gSaA **12- After the attachment of December, 1949, Mr. Priyadutt Ram (Chairman) was appointed Receiver. After the attachment, the two iron rod gates were locked by the police but the 'Darshan' continued from outside the grill and I as well as the devotees used to have 'Darshan' in this manner. In that period of my regular visits to that place, I came to know the boundary of the attached property, which I had gathered from the police and priest of the Receiver.
Boundary of the attached land East: outer courtyard, including Ramjanmbhumi chabutara, store room, saints' accommodation etc., possession of Nirmohi Akhara.
West: 2 ½ feet 'Muredi' beyond the circumambulation path North: Chhathi worship, foot marks, under management of Nirmohi Akhara, South: 8-10 feet courtyard in south-west in possession of Nirmohi Akhara to the north-east of which was the 481 Ramchabutara temple and Lord Shiva family and land towards west. The outer part is bounded by walls on three sides. The wall is about 8-9 feet high and about 1 ½ feet wide. The eastern gate is in this very wall. Apart from this wall, there is a gate in the northern wall. There is no other passage other than the eastern and northern gate to visit either the outer or inner part. The Ramchabutara is there in the outer part, where there is a wooden throne with Ramlala present. The Chabutara is 3 ½ feet high and about 20-22 feet long and 16-17 feet wide. There are two cave temples at the Chabutara. Kaushalya ji and Kaag- Bhusundi exist in one and Bharat ji in the other." (E.T.C.) **14- mDr Hkhrjh Hkkx o ckgjh Hkkx esa iqtkjh] eSaus vius gks'k ls fueksZgh v[kkMk ds ds'ko nkl cynso nkl o Hkk"dj nkl vkfn tks fueksZgh v[kkM+k ds rjQ ls iwtkjh Fks] ns[kk gSA dqdhZ ds igys cynso nkl th o muds psyk Hkk"dj nkl Fks vkSj Hkh v[kkM+s ds lk/kq Hk.Mkj x`g lar fuokl esa jgrs o dqN v[kkM+s ds lk/kq] fookfnr ifjlj ds iwohZ xsV ij lhrkdwi rd NksVs eafnj cuk jgrs FksA** **14- Since attainment of maturity, I have seen Nirmohi Akhara's Keshav Das, Baldev Das, Bhaskar Das etc. act as priest on behalf of Nirmohi Akhara in the said inner and outer part. Prior to the attachment, it was Baldev Das and his disciple Bhaskar Das. Other saints of the Akhara used to live in the store room and saints' accommodation and few saints used to build small temples from the eastern gate of the disputed premises to Sita Koop and lived therein." (E.T.C.) **17- Hkxoku jke yyk o y[ku yky dh ewfrZ e; lkfydjke Hkxoku pkanh ds flagklu esa jgh gSA** **17- The idols of Lord Ramlala and Lakhanlal along with that of Lord Salikram, existed over the silver throne."482
(E.T.C.) *18- ;g fd mDr Hkxoku jkeyyk dk n'kZ u dqdhZ 1949 fnlEcj ds igy s van j tk dj djrk jgk vkS j ckn dq d hZ lh ad p s oky s njoktk ds ckgj ls djrk jgk gwW a rFkk fnlEcj 1992 ckn Hkh rEcw esa fojkteku Hkxoku jkeyyk dk n'kZu djrk jgk tks ljdkjh fu;a=.k o ns[kjs[k esa gksrk gSA** **18- That prior to the attachment of December, 1949 I used to have 'Darshan' of Lord Ramlala from inside and thereafter from outside the grill gate and even after December, 1992 I continued to have 'Darshan' of Lord Ramlala present in the tent, under Government control and supervision." (E.T.C.) **19- fueksZgh v[kkMk ds xksydh jke y[ku nkl dqdhZ ds igys ls ns[kk vkSj ckn esa Hkh jketUeHkwfe ckgjh Hkkx dh O;oLFkk djus jke?kkV efUnj fueksZgh v[kkMk ls jkst tkrs FksA** **19- I had seen Nirmohi Akhara's Golki Ramlakhan Das prior to the attachment and even subsequently when he daily went to manage the outer part of the Ramjanmbhumi from Ramghat temple Nirmohi Akhara." (E.T.C.)
380. Averments in paras 20 and 21 are about the constitution of Nirmohi Akhara which shall be dealt with later on. In para 22 he said that the inside part of the disputed premises was never used as a mosque.
381. DW 3/9, Ram Asrey Yadav, aged about 72 years (as per his affidavit dated 22.03.2004), is resident of Mohalla Vashistha Kund Ayodhya, District Faizabad for several generations. His residence is about 300 yards from the disputed site. He was cross examined in the following manner :
(a) 22.03.2004- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 5- 483
8)
(b) 22.11.2004- by Mahant Suresh Das, defendant no. 2/1 (Suit-4) through Sri Madan Mohan Pandey, Advocate (p. 9-13)
(c) 22.11.2004- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 13-16)
(d) 22.11.2004- defendant no. 20 (Suit-4) through Km.
Ranjana Ahnihotri, Advocate adopted the cross examination already done by Sri Vireshwar Dwivedi and Sri Madan Mohan Pandey, Advocates (p. 16)
(e) 22.11.2004- by defendant no. 11 Mohd. Faruk through Sri Abdul Mannan, Advocate (p. 16-24)
(f) 23/24.11.2004- by Sunni Central Board of Waqf, defendant no. 9 through Sri Zafaryab Jilani, Advocate (p. 24-48)
(g) 24.11.2004- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 48-60)
(h) 25.11.2004- defendant no. 6/1 and 6/2 (Suit-3) and defendant no. 26 (Suit-05) through Sri Nadeem Siddiqui, Advocate, Brief Holder, Sri Irfan Ahmad, Advocate and Sri Fazale Alam, Advocates adopted the cross examination already done by Sri Abdul Mannan, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 60-61)
382. He is a witness of facts, sought to prove the worship of Lord Ram at the disputed site (inside the courtyard) prior to 1949. In paras 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14 and 16 of the affidavit, he said as under:
^^2- 10&11 lky dh mez esa eSaus gks'k lEHkkykA esjs firk th FksA firk th ds lkFk eSa tUeHkwfe n'kZu djus tkrk FkkA FkksM+k vkSj cM+k gksus 484 12&13 lky dh mez gks tkus ij eSa fuR; vius vkSj fe=ksa ds lkFk o vdsys Hkh eSa tUeHkwfe n'kZu djus tkrk jgk gwWaA enu eksgu xksdqy Hkou okys] /kuir ;kno] ';ke yky ekS;kZ vkfn ds lkFk Hkh tkrk jgk gwaA blesa enu eksgu thfor gSa ';ke yky Hkh thfor gSa vkSj lc ej pqds gSa enu eksgu thfor gSa tks lhrkiqj foloka ds ewy fuoklh gSa rFkk xksdqy Hkou ds egUFk jke eaxy nkl ds HkkUts gSaA xksdqy Hkou esa cjkcj vkrs tkrs o jgrs jgs gSaA** **2- I attained understanding at the age of 10-11 years. My father was alive. I used to go to Janmbhumi along with my father to have darshan. After growing a bit older i.e. at the age of 12-13 years, I used to daily go to Janmbhumi along with my other friends or alone, to have darshan. I also went along with Madan Mohan of Gokul Bhawan, Dhanpat Yadav, Shyam Lal Maurya and others. Out of them Madan Mohan is alive, so is Shyam Lal and the others have all expired. Madan Mohan, who is native of Sitapur Viswan, is alive. He is the nephew of Mahant Ram Mangal Das of Gokul Bhawan. He regularly visits Gokul Bhawan." (E.T.C.) ^^3- eSa vius ?kj ls dHkh dqcsj Vhys dh rjQ ls ixMUMh jkLrs ls rFkk dHkh lM+d ls jke tUe Hkwfe eafnj n'kZu djus tkrk FkkA vc xSax ls tkrk gwaA lk{kh xksiky frjkgs ij nqjkgh dqvka guqeku x<+h lM+d ls lk{kh xksiky eafnj ds lkeus nf{k.k if'pe dksus dks ,d jkLrk tUeHkwfe eafnj ds iwohZ xsV rd tkrk FkkA vkSj nwljk ,d jkLrk guqekux<+h& nqjkgh dqvka lM+d ls nf{k.k lh<+h }kjk Fkk] tks guqeku x<+h dh lM+d lk{kh xksiky frjkgs ls nqjkgh dqvka pkSjkgs dks lM+d <kyw gksdj uhps pyh xbZ gS vkSj mlh <ky ij lh<+h [kqyrh FkhA** **3- I used to go to have darshan of Ramjanmbhumi temple from my house via Kuber mound, sometimes by lane and sometimes by road. Now I go in gang. A road towards the south-west corner opposite Sakshi Gopal temple on the 485 road from Durahi well Hanumangarhi at Sakshi Gopal tri- crossing, led to the eastern gate of Janmbhumi temple, and the other way was from south of Hanumangarhi-Durahi well road to the steps, which was on a slope from Sakshi Gopal tri-crossing to Durahi well crossing and the steps were at that very slope." (E.T.C.) ^^4- fookfnr ifjlj ds rhu rjQ Åaph nhoky djhc 9&10 fQV Åaph vkSj if'pe rjQ FkksM+k ifjdzek NksM+ dj ,d iqjkuh eqM+sjh <kbZ&rhu fQV Åaph nhoky cuh FkhA vkSj ml nhoky ds if'pe iwjk <yku FkkA** **4- The disputed premises was bounded on three side by about 9-10 feet high walls and in the west besides a bit of circumambulation path, there was a 2 ½ - 3 feet high wall in form of an old parapet, and to the west of said wall was the slope." (E.T.C.) ^^5- fookfnr ifjlj dk eq[; }kj iwjc rjQ Fkk] eq[; }kj ij dksbZ njoktk ugha Fkk] dlkSVh ds [kEHks vxy cxy FksA }kj ij Fks] }kj ds ftl dlkSVh [kEHks ij fp= Fks ml fp= dks guqeku th dh ewfrZ dgrs Fks] ftlesa egkohjh yxk;h tkrh FkhA dqEHk dy'k Qwy iRrh dh fp=dkjh Fkh vkSj mls dlkSVh [kEHkksa ds mRrjh [kEHkksa ds lkeus ,d flyk iV yxk gSA ftlesa vad ,d fy[kk gS] vkSj Jh tUe Hkwfe fuR; ;k=k fy[kk gSA vc Hkh ogha gSa xSUx os ls n'kZu djus ij fn[kkbZ nsrk gSA nsoukxjh esa rFkk vaxzsth esa tUeHkwfe fy[kk gSA tks esjs cpiu ls cjkcj dk;e pys vk jgs gSa iwjk ifjlj fookfnr ifjlj dk ckgjh Hkkx tks gkrs ls f?kjk gS] esa iwjc ds xsV ls ?kqlus ij cka;s jke pcwrjk eafnj Fkk vkSj ml pcwrjs ds iwjc nf{k.k dksus ij gkrs ds vUnj gh ihiy ds isM+ ds uhps pcwrjs ij "k"B eqa[kh 'kadj th] x.ks'k th] ikoZrh th] uUns'oj th dh ik"kk.k foxzg Fkh] 'kadj th dk v/kkZ Fkk vkSj mRrj okys xsV esa njoktk Fkk] tks njoktk esyk] esyk esa n'kZukfFkZ;ksa dh HkhM+ c<+us ij [kksy fn;k tkrk FkkA T;knkrj yksx iwohZ okys xsV ls vkrs tkrs Fksa ckgjh Hkkx esa mRrj rjQ NBh iwtk LFky ftlesa Hkxoku jke ds pkjksa HkkbZ pj.k fpUg pkSdk csyuk pwYgk Fkk] tks iwT; LFky ekuk tkrk jgk gS ftldh iwtk gksrh FkhA lHkh 486 mijksDr /kkfeZd LFkyksa dh HkDrx.k iwtk&n'kZu djrs Fks eSa Hkh djrk FkkA** **5- The main gate of the disputed premises was in east. There was no door in the main gate. There were touchstone pillars on side of the gate. The picture over the touchstone pillar, was called the idol of Hanuman ji. There was painting of pot, pitcher, flower, leaf. Opposite the northern touchstone pillar, was a stone slab with figure 1 and 'Sri RamJanmbhumi Nitya Yatra' engraved over it. It is still there, and is visible at time of having darshan from gang way. Janmbhumi has been inscribed in Devnagari and English, and the same has continued since my childhood. On entering the outer part of the disputed premises bounded by courtyard, through the eastern gate, falls the Ram Chabutara temple and to the south-east corner of said Chabutara, were the stone deities of six faced Shankar ji, Ganesh Ji, Parvati Ji, Nandeshwar Ji and Argha of Shankar Ji below the Pipal tree inside the courtyard. There was a door in the northern gate, which was opened during fair, on increase in the number of devotees on the occasion of fairs. Most of the people used to enter through the eastern gate. There was Chathi worship place in the outer part, which had all four brothers of Lord Rama, foot marks, chauka-belana, stove and the same was considered to be a revered place. The devotees used to offer prayer- worship at all the aforesaid religious places and I also used to do the same." (E.T.C.) ^^6- ckgjh Hkkx esa fLFkr /kkfeZd LFkyksa dks ckgj o nwj njkt ls vkrs n'kZukFkhZ nzO;] fe"Bku] iq"i] Qy bR;kfn p<+krs FksA bu lc /kkfeZd LFkyksa dh iwtk vkjrh djus ds fy, fueksZgh v[kkM+k dh rjQ ls iap iqtkjh o lk/kw jgrs FksA ftuds jgus dk LFkku iwjc xsV ds nkfgus mRrj 487 rjQ lUr fuokl cuk Fkk mlh ds lkFk Hkxoku dk izlkn cukus ds fy;s Hk.Mkj x`g FkkA vkSj ogha izlkn fueksZgh v[kkM+k ds lk/kw tks ogka jgrs Fks] izlkn ikrs jgsA fueksZgh v[kkM+k ds eq[; iqtkjh egUr cynso nkl th Fks muds f'k"; HkkLdj nkl gSa ftUgsa 1946 ls ns[kk FkkA dbZ iqtkjh lg;ksx nsus ds fy;s vkrs tkrs Fks ftudk uke dqN ;kn gSa tSls jke lqHkx nkl 'kkL=h jgs tks dVjk esa jke egy eafnj ds egUr gSaA bUgsa Hkh dqdhZ ds igys ogka ns[kk FkkA ml le; fueksZgh v[kkMk ds egUr j?kqukFk nkl th o xksydh jke y[ku nkl th FksA ;s ckgjh Hkkx fueksZgh v[kkM+s ds dCts esa lrr :i ls cgqr fnuksa ls pyk vk jgk gSA Hkhrjh Hkkx xHkZx`g eafnj ;kfu tks rhu f'k[kj cuk gS mlds uhps o chp okys f'k[kj ds uhps Hkxoku jkeyyk fojkteku gSaA v"V /kkrq ds vkSj muds lkFk y{e.k th guqeku th vkSj lkfydjke Hkxoku gSaA Hkhrjh Hkkx 1949 fnlEcj vkf[kj esa dqdZ gqvk Fkk] tkurk gwaA** **6- The devotees coming from outside and distant places, used to offer money, sweets, flowers, fruits etc. at the religious places situated in the outer part. The Nirmohi Akhara had its Panch, priest and saints to perform worship, Arti at all these religious places, and they used to live in the saints' accommodation in right north of the eastern gate. Along with it, was the store room for preparation of Prasad and the same Prasad was received by the saints of Nirmohi Akhara, who lived there. Mahant Baldev Das was the main priest of Nirmohi Akhara and Bhaskar Das was his disciple, whom I had seen from the year 1946. Many priests used to come to offer assistance and I remember the names of few viz. Ram Subhag Das Shastri, who was the Mahant of Ram Mahal temple at Katra. I had seen him also over there, prior to the attachment. At that time, Raghunath Das and Ramlakhan Das of Nirmohi Akhara were the Mahant and Golki respectively. This outer part has continuously been in 488 possession of Nirmohi Akhara for long. Lord Ramlala of Ashtadhatu (of eight metals)is present under the central dome of the three dome structure i.e. the Garbh-grih temple in the inner part. Along with Him, are Laxman Ji, Hanuman Ji and Salik Ram. I know that the inner part was attached in last of December, 1949." (E.T.C.) ^^7- Hkhrjh Hkkx xHkZ x ` g dk Hkh firk th ds lkFk n'kZ u fd;k gS vkS j fQj Lo;a Hkh n'kZ u djus tkrk FkkA ogka ij Hkh Hkxoku dh iwtk vkjrh o Hkksx&jkx dh fueksZgh v[kkM+s ds iqtkjh gh O;oLFkk djrs FksA eSa vkjrh ds le; Hkh n'kZu djus igqapk gwaA** **7- I also had the darshan of the inner part Garbh- grih, along with my father and thereafter, I also went to have darshan alone. There also, the worship, arti, bhog- raag of Lord were managed by the priests of Nirmohi Akhara. I have been there even at time of arti to have darshan." (E.T.C.) ^^8- v;ks/;k ls ckgj ls vkus okys n'kZukFkhZ JhjketUeHkwfe esa tks n'kZu djus ;k=h vkrs Fks] mlesa ls dkfrZd] vxgu] pS= esa iqtkjh ds ek/;e ls uokg ikB gksrk Hk.Mkjk djkrs FksA vkSj iwjk ifjlj fueksZgh v[kkM+s ds dCts esa tc ls gks'k laHkkyk ns[krk pyk vk jgk gwaA Hkhrjh Hkkx dq d hZ 1949 fnlEcj ds igy s rd fuek sZ gh v[kkM+k esa O;oLFkk o dCts esa FkhA** **8- The devotees coming from outside Ayodhya to have darshan of Sri Ramjanmbhumi, used to have holy orations, bhandara (free food to masses out of religious faith) in the months of Kartika, Aghan, Chaitra. Since I attained understanding, I have found the Nirmohi Akhara to be in possession over the entire premises. Prior to December, 1949 the inner part was also under the management and possession of Nirmohi Akhara." (E.T.C.) ^^9- Qwy crk'kk vkfn cspus okys nwdkunkj nkSjh ¼Vksdjh½ esa j[kdj 489 csprs FksA ckn esa nwdku Hkh dk;e gks xbZ ;gh ugha eafnj ds iwjc o nf{k.k dksus ij dqvka gS ftldh ekU;rk v;ks/;k fgUnw lekt esa cgqr gS fd lc rhFkksaZ dk ty Hkxoku jke ds jkT;kfHk"ksd ds fy;s vk;kA cuokl gks tkus ij ogh ty lhrkdwi esa laxzfgr dj fn;s x;s ml lhrk dwi ds ifo= ty fiykus ds fy;s ,d czkEg.k jgrk FkkA tks fueksZgh v[kkM+s ds rjQ ls jgrk FkkA** "9. The shopkeepers selling flower, sweet etc., used to sell them in a basket. Later on a shop was set up. There is a well in south-east corner in the temple, and it is the belief of Hindu community of Ayodhya that the water of all pilgrimages was brought here on the occasion of enthronement of Lord Rama. After the exile, the same water was collected in the Sitakoop. A Brahman was deputed on behalf of Nirmohi Akhara to administer holy water of Sitakoop." (E.T.C.) ^^10- 22@23 fnlEcj ds igy s Hkh eS a xHkZ x ` g n'kZ u ds fy;s x;k FkkA ikS"k dk eghuk Fkk mlds nks eghuk igys gh dkfrZd o vxgu esa n'kZukfFkZ;ksa dh HkhM+ FkhA 22@23 fnlEcj dk s xHkZ x ` g Hkkx esa ewf rZ j[kuk ,dne xyr ckr gS A dqN eqdkeh eqlyekuksa us >wBk gYyk o ncko 'kklu ij cukdj >wBh QthZ dk;Zokgh djk fn;kA esj s firk th o esj s pkpk us 1934 ds fgUnw& eqfLye nax s tk s xk sd 'kh dk.M ds dkj.k gq v k Fkk] ds ckj s esa crk;k FkkA bl naxk ls eqlyeku ekjs x;s Fksa vkSj dqN dczsa rksM+h xbZ Fkh ysfdu fookfnr ifjlj eafnj gksus ds dkj.k {kfrxzLr ugha gqvkA gj fgUnw ij tqekZuk fgUnw naxk VSDl yxk FkkA eqlyeku naxs ds dkj.k ng'kr esa vk x;s FksA esj s firk th o esj s pkpk us crk;k Fkk fd ml naxs ds ng'kr ds dkj.k jke tUeHkwfe ds cxy dh lM+d ls Hkh ugha tkrs FksA fookfnr Hkou ;k ifjlj esa uekt i<+us dk dksbZ iz'u gh ugha gS vkSj esj s pkpk us ;g Hkh crk;k Fkk fd fookfnr ifjlj ds vkl&ikl fdlh eq l yeku us dk sb Z eq n kZ Hkh nQu ugh a fd;kA** "10. I had gone to the Garbh-grih to have darshan even 490 before 22/23 December. It was the month of Paush. There was a huge gathering of devotees two months earlier in the months of Kartika and Aghan. It is totally incorrect that the idol was placed in the Garbh-grih on 22/23 December. Few local Muslims made a false issue out of it and got a farzi proceeding initiated by exerting pressure over the government. My father and uncle had told me about the Hindu-Muslim riot of the year 1934, which had broken out on account of cow slaughter. Muslims were killed and graves demolished in this riot, but the disputed temple premises were not damaged. Hindu riot tax was imposed over all the Hindus. The Muslims were in terror due to this riot. My father and uncle had told me that on account of terror of said riot, they did not even pass through the road adjacent to Ramjanmbhumi. There is no question at all of Namaz being offered in the disputed structure or premises. My uncle had also told me that no Muslim buried any dead body near the disputed premises." (E.T.C.) ^^13- Hkhrj okys Hkkx esa Hkh dlkSVh ds [kEHks Fks vkSj mlesa nso dU;k f=Hkaxk :i dh ewfrZ cuh gSA dqN ;{k dh ewfrZ Hkh cuh Fkh dy'k Hkh cuk Fkk eksj dh vkd`fr FkhA tks dlkSVh iRFkjksa esa eSaus ns[kk FkkA** **13-- There were touchstone pillars in the inner part with Tribhanga ( having three bends or angles )idol of nymphs over it. There were few idols of Yaksha (Hindu demigods) and pitcher and peacock. I had seen them over the touchstone." (E.T.C.) ^^14- mRrjh xsV esa Åij ck?k vkSj eksj dh vkd`fr cuh Fkh] xsV ds iwohZ nhoky ds ckgj ckjkg Hkxoku dh ewfrZ cuh Fkh rFkk ifjdzek djrs le; n'kZukFkhZ ogka ij Hkh ekFkk Vsdrs FksA** **14- The figures of tiger and peacock were there at the 491 northern gate. The idol of God Varah was there at the eastern wall of the gate and at time of performing the circumambulation, the devotees used to pay their reverence over there." (E.T.C.) ^^16- eSa guqeku x<+h eafnj tks v;ks/;k esa eksgYyk jkedksV esa gh fLFkr gS esa fojkteku guqeku th egjkt dk Hkh n'kZu djus tkrk jgk gwaA eq>s v;ks/;k esa jgrs&jgrs tkudkjh gS fd guqekux<+h eafnj dh O;oLFkk fuokZ.kh v[kkM+k ds iap lk/kw oSjkxh iapk;rh <ax ls djrs gSa cSjkxh lEiznk; ds gh lkr v[kkM+s v;ks/;k esa jgs gSa] ftlesa fuokZ.kh v[kkM+k ds vUrxZr guqekux<+h o ogha ij Bk0 jke tkudh o u`flag eafnj o dbZ eafnj okdS gSa rFkk dfiy eqfu xaxk lkxj pkSchl ijxuk csLV caxky dk eafnj gS fuek sZ gh v[kkM+k ds vUrxZ r iz f lf) jke tUe Hk wf e eaf nj gS ftldh ekU;rk fgUnw lekt Hkxoku jke dh tUe LFkyh gk su s ds dkj.k vlhe o cgq r T;knk gS jke eafnj rks v;ks/;k o vU;= cgqr gS ijUrq Jh jke tUe Hk wf e rk s ,d ;gh fookfnr LFky gS blfy;s fgUnw tuekul esa bldk egRo cgqr T;knk gSA eSa Hkh cgqr vkLFkk j[krk gwaA fueksZgh v[kkM+k v;ks/;k dh cSBd jke ?kkV fot; jk?ko eafnj gSA tUe Hkwfe ds ikl gh mDr v[kkM+s ds iapksa ds eafnj lqfe=k Hkou jkeyyk eafnj lhrk dwi eafnj vkfn jgs gSa tks 1991 esa mRrj izns'k ljdkj ds vf/kxzg.k esa fxjk;s x;sA v[kkM+s dk lEcfU/kr eafnj ukdk guqekux<+h jRuflagklu yodq'k eafnj] jke xqysyk vkfn Hkh jgs gSaA** **16- I have also been going to the Hanumangarhi temple situated at Mohalla-Ramkot in Ayodhya, to have darshan of Hanuman Ji present over there. On account of my abode in Ayodhya, I have come to know that the management of Hanumangarhi temple was carried out by the Panch, saints, recluses of Nirvani Akhara as per the Panchayat custom. There have been seven Akharas of recluse sect in Ayodhya, out of which the Nirvani Akhara was in control of Hanumangarhi and Tha. Ramjanki, Narsingh and many 492 other temples situated over there. The Kapil Muni Gangasagar is temple of Chaubis Pargana West Bengal.
The famous Ramjanmbhumi temple is under the Nirmohi Akhara, which has immense importance for the Hindu society on the ground of same being the birthplace of Lord Rama. There are many Rama temples in Ayodhya and elsewhere but there is only one Ramjanmbhumi, the disputed site, and as such it has immense importance for the Hindus. I also have much faith in it. The place of sitting of Nirmohi Akhara, Ayodhya is Ramghat Vijay Raghav temple. The Sumitra Bhawan, Ramlala temple and Sitakoop temple of the Panchas of the aforesaid Akharas, have been situated around the Janmbhumi, which were demolished in the acquisition by Uttar Pradesh Government in the year 1991. The Naka Hanumangarhi, Ratnasinghasan, Luvkush, Ramgulela temples have all been associated with the Akharas." (E.T.C.)
383. Regarding the possession of Nirmohi Akhara (plaintiff Suit-3) in paras 18 and 19, (DW 3/9) said:
^^18- fueksZgh v[kkM+k gh Hkxoku jke yyk fojkteku xHkZx`g eafnj jke tUeHkwfe o ckgjh jke pcwrjk eafnj ij fojkteku jkeyyk o NV~Bh iwtk LFky f'ko njckj vkfn /keZLFkyksa dh O;oLFkk o dCtk fueksZgh v[kkM+k dk gS ftldh O;oLFkk fueksZgh v[kkM+k ds iap o egUr djrs gSA ,slk eSaus gks'k ls cjkcj dqdhZ rd ns[kk gSA** **18- It is the Nirmohi Akhara, which has been in management and possession of religious places viz. Lord Ramlala present Garbh-grih temple, Ramjanmbhumi, outer Ramchabutara temple with Lord Ramlala present, Chhathi worship place, Shiv Darbar etc. and its management is carried out by Panch and Mahant of Nirmohi Akhara. I have seen so continuously from my attaining maturity to 493 the attachment." (E.T.C.) ^^19- 1949 esa v[kkM+s ds egUFk j?kqukFk nkl Fks ns[kk Fkk] mlds ckn vkt dy ea0 txUukFk nkl egUFk gS rFkk ea0 Hkk"dj nkl ljiap gS tks guqekux<+h ukdk ds egUFk gSaA** **19- Raghunath Das was the Mahant of the Akhara in the year 1949, (I) had seen it. Thereafter, it is M. Jagannath Das, who is the Mahant these days. M. Bhaskar Das is the sarpanch and also the Mahant of Hanumangarhi Naka." (E.T.C.)
384. DW 3/9 also deposed about the continuous possession of Nirmohi Akhara, of the entire premises in dispute, non observance of any Namaz therein and in paras 12, 20 and 21, said as under:
^^12- dqdhZ Hkhrj okys Hkkx dh gq;hA dqdhZ ds ckn Hkh eSaus n'kZu fd;sA ckgj ds Hkkx igys ls gh Lor% dk;e jgk o fueksZgh v[kkM+s ds vartke esa jgk vksj 1982 dh dqdhZ rd dk;e jgkA 1982 ls ogh fjlhoj tks Hkhrj okys Hkkx ds Fks ckgj okys Hkkx ds gks x;sA iwjk ifjlj fgUnqvksa dk ifo= jke tUe Hkwfe eafnj gS tc ls eSaus gks'k lEHkkyk fdlh Hkh eqlyeku dks uekt i<+rs ugha ns[kkA** **12- The attachment took place in respect of the inner part. I had the darshan even after the attachment. The outer part continued as earlier and remained under management of Nirmohi Akhara which continued till the attachment of 1982. From the year 1982, the same Receiver of the inner part became the Receiver of the outer part as well. The entire premises is sacred Ramjanmbhumi temple of Hindus. Since I attained understanding, I never saw any Muslim offer Namaz over there." (E.T.C.) ^^20- vius gks'k ls tc ls eSa fookfnr ifjlj jke tUeHkwfe eafnj n'kZu djus yxk] eafnj gh ns[krk gwaA dHkh uekt i<+rs fdlh eqlyeku dks ugha ns[kkA** 494 **20- From the age of my understanding, I have found the temple existing at the disputed premises whenever I went to have darshan of Ramjanmbhumi temple. I never saw any Muslim offer Namaz." (E.T.C.) ^^21- <kapk ;kuh fookfnr ifjlj 6 fnlEcj 1992 dks fxjk;s tkus ds iwoZ ls esjs gks'k ls iwohZ xsV eafnj Jhjke tUeHkwfe guqer }kj ds ckgj xsV ds jke tUe Hkwfe f'kykiV ds cxy ckgj nhoky ifjlj ls lVs iwoZ /kuir ;kno dh nwdku crk'kk] byk;ph nkuk] fe"Bku vkfn dh jgh gS tks fueksZgh v[kkM+k v;ks/;k ds fdjk;snkj Fks /kuir ;kno dh e`R;q vjlk 8@10 lky gqbZ muds iq= lhrkjke ;kno gS thfor gSa tks fd nqdku ij cpiu ls jgrs Fksa mlds igys mlh LFkku ij ekrk izlkn ftUgsa erbZ Hkh dgrs Fks fueksZgh v[kkM+k dh rjQ ls nwdku fe"Bku izlkn dh djrs FksA** **21- Prior to demolition of the structure i.e. the disputed structure on 6th December, 1992, there existed the sweet (Batasha, ilaichi dana, misthan) shop of Dhanpat Yadav adjacent to the wall near the stone slab at the gate outside the eastern gate of Sri Ramjanmbhumi viz. the Hanumatdwar, who was tenant of Nirmohi Akhara, Ayodhya. Dhanpat Yadav expired about 8/10 years ago. His son Sitaram Yadav is alive, who used to sit at the shop from his childhood. Earlier Mata Prasad, who was also known as Matai, used to run a sweet shop at that very place on behalf of Nirmohi Akhara." (E.T.C.)
385. D.W. 3/11, Bhanu Pratap Singh son of Sri Ram Raj Singh, resident of village Haliyapur, District Sultanpur is aged about 70 years (as per his affidavit dated 28.4.2004). He was cross examined in the following manner :
(a) 28.04.2004- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 4- 495
7)
(b) 28.04.2004- by Mahant Suresh Das, defendant no. 2/1 (Suit-4) and Suit-5 through Sri Madan Mohan Pandey, Advocate (p. 7-13)
(c) 28.04.2004- by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p. 13-16)
(d) 29.04.2004- by defendant no. 20 (Suit-4) through Km. Ranjana Agnihotri, Advocate (p. 17-19)
(e) 29.04.2004- by defendant no. 11, Mohd. Faruk through Sri Abdul Mannan, Advocate (p. 19-28)
(f) 29/30.04.2004, 06/07/10/12.05.2004- by Sunni Central Board of Waqf, defendant no. 9, through Sri Zafaryab Jilani, Advocate (p. 28-89)
(g) 12/13.05.2004- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 90-108)
(h) 13.05.2004- defendants no. 6/1 and 6/2 through Sri Fazale Alam, Advocate adopted cross examination already done by Sri Abdul Mannan, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 108)
386. He is disciple of Nirmohi Akhara, imparted Guru Mantra by Mahant Dinendra Das Mathia Mahant. His grandfather was a religious person, used to visit Ayodhya every year during Ramnavami and Sawan festival, who died in 1965. He visited Ayodhya along with his grandfather since the age of 10 and had Darshan at different temples namely, Ramjanambhumi, Hanuman Garhi, Kanak Bhawan, Chhota Chhavani, Bara Chhavani, Nageshwar Nath Mandir etc. About Darshan at the inner courtyard, placement of idols therein, possession and ownership of the disputed property by Nirmohi Akhara, he said 496 in paragraphs 7, 8, 9, 10, 12, 13 and 14 of the affidavit as under :
^^7- 'kq: ls gh mDr jketUeHkwfe efUnj ds ckjs esa eq>s tkudkjh vius firkeg ls feyh fd Hkxoku jke tks gekjs ifjokj ds b"V nso gSa dk tUe o vorkj ysuk blh Hkwfe esa gqvk gS ckn esa eSaus Lo;a lk/kw lUr o vius xq: egkjkt ls ckr mijksDr tkuh gS vkSj v;ks/;k esa jkedFkk tgkWa dgha Hkh eSaus lquh gS mu dFkkokpdksa ls Hkh eSaus ;g ckr tkuh gSA^^ "7. From the very beginning I gathered knowledge about said Ramjanmbhumi temple from my grandfather that Lord Rama was the 'ishtdev' of our family and He had incarnated at this very place. Subsequently, I heard the same things from my Guru and also from the narrators of Ramkatha in Ayodhya." (E.T.C.) ^^8- eq[; efUnj jketUeHkwfe ds iwjc eq[; }kj gS ftlds vUnj ?kqlus ij nf{k.k rjQ jkepcwrjk efUnj gS rFkk mRrj rjQ lUr fuokl o fueksZgh v[kkMk ds lk/kqvksa ds jgus ds fy, rFkk Hk.Mkj x`g gS ftls eSa 'kq: ls ns[k jgk gwWa ckgjh lgu ;kfu tks pkgj nhokjh ls f?kjk Fkk mRrjh njoktk gSA mRrjh njokts ls iwjc tkdj mRrj rjQ lh<+h cuh Fkh mRrj okyh ;gh lM+d guqekux<+h pkSjkgs rd pyh tkrh jgh gSA mRrjh rjQ NV~Bh iwtu LFky] pkj pj.k fpUg&pdyk csyuk pwYgk 'kq: ls ns[krk pyk vk jgk gwWaA^^ "8. The main gate is to the east of main Ramjanmbhumi temple, and after entering through it, lies the Ramchabutara temple in the south and the saints' accommodation and store room in the north for the residence of saints of Nirmohi Akhara, which have been witnessed by me since beginning. The northern gate is in the outer courtyard i.e. which was bounded by boundary.
There was staircase in north after going eastwards on entry through the northern gate. This northern road leads to Hanumangarhi crossing. I have been seeing the Chhathi 497 worship place, four footmarks, chakla-belna-stove, from beginning." (E.T.C.) ^^9- jkepcwr jk efUnj esa dkB dk flagklu jgk gS ftlesa pkanh o lksus ds Qsjs yxs Fks ftl ij Hkxoku jkeyyk dk cky Lo:i ewf rZ fojkteku Fkh rhuk s a Hkkb;k sa dh ewf rZ;k a Fkh] guq e ku th o lkfyxjke Hkxoku Hkh ogkW a Fk sA ^ ^ "9. There was a wooden throne in the Ramchabutara temple, which had rings of silver and gold, over which the child form idol of Lord Ramlala was present and the idols of the three brothers, Hanuman ji and Salikram were also present over there." (E.T.C.) ^^10- jkepcwrjk efUnj lk<+s rhu QqV ÅWapk Fkk blfy, iwjc o if'pe rjQ pkSdksj xqQk cuh Fkh ftlesa dkS'kY;k th dh xksn esa Hkxoku jke rFkk ,d rjQ Hkjr th dh Ms<+ ls nks QqV mWph ewfrZ Fkh eq>s ;g ekywe gS fd ;g jkedksV eksgYyk dgykrk gS tgkWa Jh jketUeHkwfe fLFkr gS] eSa ch-,- ikl gwWa eq>s ;g lUrksa o xq:?kjkuk ds xq: o firk th ls ;g ekywe gS fd v;ks/;k esa jkekuUnh; lEiznk; ds T;knkrj efUnj gSa fueksZgh v[kkM+k Hkh jkekuUnh; lEiznk; dk efUnj gSA^^ "10. The Ramchabutara temple was 3½ feet tall. There was square cave in its east and west, in one of which was the idol of Kaushalya ji with Lord Rama in her lap and 1½ - 2 feet tall idol of Bharat ji in the other. I know that it is called Ramkot Mohalla, where Sri Ramjanmbhumi is located. I am a graduate. I know from saints, Guru and my father that most of the temples in Ayodhya are of Ramanand sect. Nirmohi Akhara is also temple of Ramanand sect." (E.T.C.) ^^12- tc ls eSaus gks'k lEgkyk rc ls mDr efUnj jketUeHkwfe esa cjkcj iwtk ikB mRlo leS;k vkjrh o izlkn forj.k tc&tc eSa n'kZu djus x;k rc&rc ns[kk gwWa ogkWa ds lk/kq o iqtkjh fueksZgh v[kkM+k ds vUrxZr gS vkSj mUgha dk dCtk cjkcj ns[krk jgk gwWaA^^ 498 "12: Since I gained sense and went to the said Ramjanmbhumi temple to have 'darshan', I found that the worship, ceremony, arti and distribution of prasad was all under the saints and priests of Nirmohi Akhara and I have always found them to be in possession." (E.T.C.) ^^13- Hkhrj okys Hkkx dks Hkh eSa tkurk gwWa tks rhu f'k[kj ysdj lh[kpksa ds vUnj gS vkSj ftls eSaus ns[kk gS ;g eq>s lu~ 1950 bZ0 esa ekywe gqvk fd xqEcn okyk Hkkx dqdZ gks x;k vkSj rkyk cUn gks x;k gS] lha[kpksa ds QkVd ls Hkxoku jke yyk dk n'kZu gksrk gSA^^ "13. I know the inner part as well, which is within the grill from the three domes and it has been seen by me. I know this from the year 1950 that dome portion had been attached and had been locked and that the 'darshan' of Lord Ramlala was had from the grill gate." (E.T.C.) ^^14- vUnj okyk Hkkx 1949 ds igys eS a vUnj rd n'kZ u djus Hkxoku jkeyyk dk djus tkrk Fkk rc Hkxoku jke yyk dHkh dkB ds >wys ij ;k dHkh Åaph lh<+h okyh txg ij fojkteku feysA vUnj iwtk ikB fueksZgh v[kkMk ds lk/kw o iqtkjh djrs FksA ftuesa ls e0 Hkk"dj nkl dks igpkurk gWw tks ukdk guqekux<+h ds egUr gSaA dqdhZ ds rhu pkj lky igys ls mUgsa ogkWa ns[kk gS A dqdhZ 1949 fnlEcj esa gq;hA^^ "14: Prior to the year 1949, I used to go inside the inner part to have 'darshan' of Lord Ramlala, when sometimes Lord Ramlala was found over the wooden swing and sometimes at the place over the elevated step. The worship in the inner part was carried out by saints and priests of Nirmohi Akhara, out of whom I recognize M. Bhaskar Das, who is the Mahant of Naka Hanumangarhi. I have seen him there from about 3-4 years prior to the attachment. The attachment took place in December, 1949." (E.T.C.)
387. In para 16 DW 3/11 has said that since the date he attained 499 the age of understanding, has never seen any Muslim offering Namaz in the premises of Ramjanambhumi :
^^16- 1992 fnlEcj esa iwjk <kWapk fxjk fn;k x;k ysfdu rEcw esa Hkxoku jkeyyk fojkteku gSa ftudh iwtk ljdkjh fu;a=.k esa gksrh gSA tc ls gks'k lEHkkyk rc ls jketUeHkwfe ifjlj esa dHkh fdlh eqlyeku dks uekt i<+rs ugha ns[kkA^^ "16: The entire structure was demolished in December, 1992 but Lord Ramlala is present in tent and His worship is carried out under government control. Since I gained sense, I have never seen any Muslim offer Namaz at the Ramjanmbhumi premises." (E.T.C.)
388. In paras 10 and 11, he has said about the status of Nirmohi Akhara, which we shall deal separately while discussing Issue No. 17 (Suit-3).
389. DW 3/12, Ram Akshaibar Pandey is aged about 70 years (as per affidavit dated 24.05.2004). He was cross examined in the following manner:
(a) 24.05.2004- by Ramesh Chandra Tripathi, defendant no. 17 and Umesh Chandra Pandey, defendant no. 22 (Suit-4) through Sri Vireshwar Dwivedi, Advocate (p. 4-
9)
(b) 24.05.2004- Mahant Suresh Das, defendant no. 2/1 (Suit-4) through Sri Madan Mohan Pandey, Advocate adopted the cross examination already done by Sri Vireshwar Dwivedi, Advocate (p. 9)
(c) 24.05.2004- by plaintiff (Suit-5) through Sri A.K. Pandey, Advocate (p. 10-15)
(d) 24.05.2004- plaintiff (Suit-1) through Sri P.L. Mishra, Advocate adopted the cross examination already done by plaintiffs (Suit-5) through Sri A.K. Pandey, Advocate (p.
15) 500
(e) 24.05.2004- by defendant no. 20, Akhil Bhartiya Sri Ram Janma Bhumi Punarudhar Samiti through Km. Ranjana Agnihotri, Advocate (p. 14- 16)
(f) 24/25/26.05.2004- by defendant no. 11, Mohd. Faruk, through Sri Abdul Mannan, Advocate (p. 17-34)
(g) 26/27.05.2004, 01.07.2004- by Sunni Central Board of Waqf, defendant no. 11 through Sri Zafaryab Jilani, Advocate (p. 34-73)
(h) 01/02.07.2004- by plaintiff no. 7 (Suit-4) and defendant no. 5 (Suit-5) Mohd Hashim through Sri Mustaq Ahmad Siddiqui, Advocate (p. 73-89)
(i) 02.07.2004- defendants no. 6/1 and 6/2 (Suit-5) through Sri Fazale Alam, Advocate adopted cross examination already done by Sri Abdul Mannan, Sri Zafaryab Jilani and Sri Mustaq Ahmad Siddiqui, Advocates (p. 89)
390. He attained age of understanding at 12 and since then has been visiting Ayodhya alongwith his grandfather, Shiv Ram Pandey. He is resident of Mohalla Ramapur Bhagahi, Pargana Nawabganj, Tahsil Tarabganj, District Gonda. His grandfather had studied up to Madhyama, knew Sanskrit, possess knowledge of religious books and used to visit various temples at Ayodhya. His village is about three and half Kos from Ayodhya. He said that the country attained independence from Britishers on 15.08.1947. He was visiting Ayodhya and worshiping the temples thereat after taking bath at river Saryu since one year earlier thereto. About details of his visit at Ayodhya, Ramjanamboomi Temple (disputed premises), outside and inside courtyard, existence of temple inside courtyard, its management and ownership with Nirmohi Akhara, he said in