British backed Muslims right: Dhawan

New Delhi: In a new twist to the Ayodhya title dispute, the Supreme Court on Wednesday decided to examine the correctness of its 1994 verdict holding that “offering namaz in a mosque is not an essential and integral part of Islam and Muslims can offer prayers anywhere”.

The high court had observed that the sentiments of Hindus on offering worship should be recognised. Mr Dhawan said the 1994 verdict was binding on the three judges. 

Thus, if the same logic were followed, a mosque would never be constructed on the disputed site as this finding had already prejudiced their right.

But Mr Dhawan said the issue could not be brushed aside. He argued that in 1934 the British had recognised the right of Muslims to offer prayers at the Babri Masjid and rebuilt the mosque. But this right was not recognised in 1949 after Independence.

Mr Dhawan informed the court that that on December 6, 1992 the Masjid was demolished and the idol of Lord Ram was surreptitiously placed at the disputed site. Muslims can never accept trespass by Hindus and criminality of demolition of the Babri Masjid, he said added that, “Our right to offer prayers was not taken into consideration in the 1994 verdict.”