BABARI MASJID

BMMCC: Statement on Transfer of Babari Masjid

Case to Supreme Court, 25 June, 1996

The Babari Masjid Movement Coordination commencement of the illegal construction. Committee (BMMCC) held a meeting on 23 June, 1996. Apart from the Convener, Mr. Syed Shahabuddin, the meeting was attended by Maulana Shafi Moonis, Mr. Syed Yusuf, Maulana Syed Ahmed Hashmi, Maulana Ahmed Ali Qasmi, Prince Anjum Quedar, all Members and Mr. Qutubuddin Ansari, Convener, Madhya Pradesh Committee.

The Committee considered the proposal of the United Front Government to transfer the title suit relating to the Babari Masjid to the Supreme Court under Article 138(2) of the Constitution. The Committee was of the view that such a transfer, instead of expediting the final verdict, will only prolong the judicial process because it may face many legal hurdles and difficulties. The Committee, therefore, decided that jointly with the All India Muslim Personal Law Board Babari Masjid Committee and the All India Babari Masjid Action Committee a Memorandum shall be submitted to the Prime Minister and the leaders of the parties in the United Front to request them to drop this proposal and instead extend all possible assistance to the Special Bench of the Allahabad High Court which had already made considerable progress and was scheduled to begin the examination of witnesses by mid-July, 1996, in holding day-to-day hearings and for this purpose constitute a Special Legal Cell and station it in Lucknow.

The Committee noted that various paper organizations purporting to represent the Muslim community had issued statements and submitted memoranda to the Government supporting the proposal. The Committee cautioned the Government not to be misled by such self-serving exertions and recalled that the Babari Masjid Movement had unanimously decided that all negotiations with the Government on the question of the restoration of the Babari Masjid shall be conducted through the Babari Masjid Committee formed by the All India Muslim Personal Law Board in January, 1993, in which both the BMMCC and the AIBMAC were represented.

The Committee also took note of the fact that the contempt cases relating to the unlawful construction of a concrete platform in front of the Babari Masjid in July, 1992 and the demolition of the Babari Masjid in December, 1992, were still pending before the Supreme Court. The Committee decided to request the Supreme Court to expedite the contempt proceedings and to revive the proceeding through a public interest litigation petition on 9 July, 1996, the 4th anniversary of the Commencement of the illegal construction.

The Committee also decided to request the Prime Minister who is also the Home Minister to revive the Special Court in Lucknow which is dealing with the criminal cases arising out of the demolition of the Babari Masjid and take steps for expediting the proceedings.

The Committee also decided to draw the attention of the Prime Minister to the slow pace of progress by the Commission of Inquiry which was set up by the Government in the aftermath of the demolition to enquire into the circumstances leading to the tragedy.

The Committee also decided to revive the idea of reunification of the Movement through a merger of the two Committees and to propose formal talks with the AIBMAC in early July.

The Committee approved the statement of account submitted by the Convener for the financial year 1995-96 and requested all members to contribute Rupees one thousand to the fund of the Committee.

AIBMAC: Letter to Prime Minister, 5 June, 1996

The BMAC was shocked to learn that the United Front Government proposed to refer the matter of Babari Masjid to the Supreme Court under Article 138(2) of the Constitution of India. This proposal is virtually the repetition of the old exercise done by the Narasimha Rao Government to delay the final disposal of the suits regarding Babari Masjid, the adjudication of which may result in the restitution of the site of Babari Masjid to the Muslims and reconstruction of Babari Masjid at the original site. Since then, several efforts were made in this behalf to involve some Left parties and other leaders of the secular parties to raise this demand. United Front partners appear to have fallen in the trap of this very strategy of Congress.

We wish to make it clear that the All-India Muslim Personal Law Board as well as AIBMAC have categorically resolved not to agree to any other mode of solution except the day-to-day hearing of the suits pending in the High Court so that the (title to) Babari Masjid may be may be decided expeditiously. As such the (move) will not be acceptable to the Muslims and any such attempt on the part-of United Front Government will be resisted at all levels.

We, therefore, demand that the United Front should reconsider the matter.