The Jamiat Ulema-e-Hind has filed a petition in the Supreme Court seeking review of the Supreme Court’s November 9 verdict on the disputed site of Ayodhya, where the Court awarded the 2.77 acres of the land to Ram Lalla, one of the three litigants in the case. The judgment also asked the state government to allot a 5-acre plot at a prominent site for the construction of a new mosque.
This is the first review petition since the court ruled its verdict. Maulana Syed Ashhad Rashidi, legal heir of original litigant M Siddiq and president of Jamiat Ulama-e-Hind filed the review petition saying that the verdict was an attempt to condone illegalities of the Hindu parties and allot alternate land of 5 acres which was neither pleaded nor prayed for by the Muslim parties. The judgment suffers from errors “apparent on record” and warrants a review under Article 137 of the Constitution.
The petition doesn’t challenge all the findings of the Court. A list of “apparent errors” which warrant the review of the Ayodhya verdict as stated in the petition include:
Relief granted by the court amounts to a mandamus to destroy the Babri Masjid (Mandamus is a judicial writ issued as a command to an inferior court or someone ordering a person to perform a public or statutory duty).
Disregard of the basic principles of rule of law that a party at wrong cannot derive benefit from its illegal act.
The court ignored the fact that the structure in question had always been a mosque and had been in exclusive possession of the Muslims.
The Court erred in giving precedence to oral testimonies of the Hindu parties over contemporary documentary evidence of the Muslim parties.
The petition has prayed for a stay on the operation of the judgment of the Supreme Court that was delivered by a five-judge constitution bench headed by former Chief Justice of India Rajan Gogoi. The petition also seeks to restrain the Centre from taking any step pursuant to the Ayodhya Verdict.
The All India Muslim Personal Law Board (AIMPLB) also said it would file a review petition before December 9, saying the judgment in the Ayodhya land dispute case does not serve any justice to the Muslims. However, the Sunni Central Waqf Board and the Jamiat Ulama-i-Hind (JUH) faction led by Maulana Mahmood Madani has decided against filing a review petition in the Ram Janmabhoomi-Babri Masjid case