Full text of 'ALIGARH HISTORIANS SOCIETYHISTORY AND THE JUDGEMENT OF THEALLAHABAD HIGH COURT, LUCKNOW BENCH,IN THE RAMJANMABHUMI-BABRI MAS JID CASEPrefaceThe Allahabad High Court, Bench on Ayodhya Matters, Lucknow,iinally gave its judgement on the Ramjanmabhumi - Babri Masjid disputeon 30 September 2010. The three judges, Justices S.U. Khan, SudhirAgarwal and H.P. Sharma, gave separate judgements. The first two judgesdid not agree on the historical issues involved, but concurred over theoperational part, which meant allotting two-thirds of the land in well-definedportions to the VHP-sponsored body and the Nirmohi Akhara, and theresidual one-third to the Sunni Waqf Board. Justice Sharma delivered theminority judgement, holding that the Muslims needed to be excludedaltogether from the disputed land.The operational part of the majority judgement derived not fromJustice S.U.
Khan's, but from Justice Sudhir Agarwal's reading of thehistorical background. Moreover, Justice Agarwal, by setting forth a veryextensive reproduction of the Court's orders and applications before theCourt during the case, and extracts from the statements of witnesses and thearguments of advocates, has laid out massive material of the case in over115,000 pages. This constitutes a large part of the basic material broughtbeiore the High Court, although one may legitimately differ from JusticeAgarwal's mode of selection and attribution of importance to certainstatements or books.In this volume we hope to deal with all the major points at issuerelating to history and archaeology that have been raised in the judgement ofJustice Sudhir Agarwal. It consists of iour papers. Paper I deals with the dateof the construction of Babri Masjid and the historicity of its inscriptions.Paper II shows that the evolution of the belief in the site Ramajanmabhumiis a recent one, not earlier than the 18 th century, and brings out the misuse ofthe so-called Vishnu-Hari temple inscription. Paper III is the longest: itreiutes the conclusions of the Final Report of the Archaeological Survey(ASI) and takes issue with the Justice's own findings about 'the structure(s)beneath the mosque' and the demolition thereof.
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Finally, Paper IV traces thecourse of the ASFs biased and partisan conduct of the excavations atAyodhya.While we have had to disagree with Justice AgarwaTs reasoning andconclusions on various occasions, no personal aspersions are at all intended.The judgement of Justice Agarwal has serially numbered paragraphsand these are cited in all our reierences to it. All para nos. Put in bold iiguresin our text refer to paragraph nos. Of the judgement.111For easy reierence to our own text, we have numbered our paragraphsin separate series under each paper: thus the third paragraph in Paper II isnumbered 2.3. The paragraph numbers in Notes annexed to Papers I and IIare preiaced with nos. Of the respective Papers and Notes. Thus the secondparagraph of Note 3 annexed to Paper I is numbered 1.3.2.For convenience of use by those who might be wishing to iindwhere a particular point raised in Justice Agarwal's judgement is referred toby us, an Index is provided of the paragraphs of the Judgement cited by us,giving against each the paragraph no.
Of our own text, where the reference toit would be found.The Papers in the volume have been compiled on the basis ofinformation from various sources, with the advice of many friends andcolleagues. But the ultimate responsibility is that of the undersigned.Irfan Habib2 December 2010 President,Aligarh Historians SoceityCONTENTSPaper I: The Babri Masjid: Its Inscriptions and Date ofConstruction 01Paper II: The Judgement and the Lore of Ramjanmabhumi 30Paper III: The ASEs Report on Excavations 60Paper IV: The Conduct of Archaeological Survey of India 119before, during and after ExcavationsPRELIMINARY NOTE 1IVINDEX OF PARAGRAPHS OFJUSTICE SUDHIRAGARWAL'S JUDGEMENTCITED IN THE PRESENTVOLUMEA= Paragraph Nos. In JusticeAgarwaPs judgmentB = Paragraph Nos.
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NEW DELHI: 'In our view, the conclusion drawn by the in the project accomplished within an extra-ordinary brief period and with such an excellence precision and perfection deserve commendation and appreciation instead of condemnation.' — Justice Sudhir Agarwal. Though criticized by a section of historians, the Archaeological Survey of India's 2003 excavation report has been critical in allowing the Allahabad high court in reaching a verdict that years of negotiations and entrenched politiking had not yielded.
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The ASI view that evidence pointed to the existence of a temple, forms the key material evidence relied upon by the court. Perhaps keeping in mind the criticism of ASI's findings, Justice Sudhir Agarwal and Justice D V Sharma in their comments have countered allegations of the report being influenced by powers that be. They emphasized that the court controlled excavation was transparent. The charge that the finding of a huge structure preexisting the Babri Masjid, was 'managed' has been addressed in detail. It had been alleged that the report was 'biased and imagined' and failed to faithfully reproduce the actual findings. But the judges have decisively recalled the facts of the case. While Justice Agarwal pointed out how representatives and lawyers of each party in the suit were permitted to shadow ASI officials during the actual excavations, Justice Sharma highlighted how 'even Muslim members have also signed the report of ASI.'
'The court has taken full care and issued specific directions to maintain transparency. Two judicial officers remained posted there. The excavation was conducted in the presence of the parties, lawyers and their nominees. Nobody can raise a finger about the propriety of the report on the ground of bias,' Justice Sharma observed, rejecting pleas that the report be discarded. The court said that the ASI report contains all the details including details of stratigraphy, artifacts, periodisation as well as details of structures and walls.
The pillar bases mentioned in the report establishes beyond all doubt the existence of a huge structure. In addition to above, existence of circular shrine, stone slabs in walls with Hindu motifs and more particularly sign of Makar Pranal in wall No. 5 (wall of disputed structure), divine couple and other temple materials, etc. Conclusively proves the existence of a hindu religious structure, the judges have argued. Another grievance related to ASI allegedly ignoring key evidence thrown up in the form of bones of animals found from the sites. This, it was argued, disproved that the structure below was a Hindu one since animals couldn't have been killed there. But the judges countered by relying on a host of ancient literary Hindu texts sanctioning animal sacrifice.
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'It is a well known fact that in certain Hindu temples animal sacrifices are made and flesh is eaten as Prasad while bones are deposited below the floor at the site itself,' Justice Agarwal noted, upholding the ASI findings that a Nagara style northern Indian temple existed prior to the disputed structure. HC was also surprised to note the 'zeal' in some of the archaeologists and historians appearing as witnesses on behalf of the who made statements much beyond reliefs demanded by the Waqf.