Madhya Pradesh HC Verdict on Disputed Site Sparks Debate, SC Vishnu Jain Reacts Today | THF | N18S

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[00:00:00]Number one that the judgment is velocity. It did not take the evidential value but was basically pronounced on faith. So it put faith first not evidentially value.

[00:00:13]I think with due respect to Waris Bhai.

[00:00:16]I think he has not gone through the contents of the judgment. It's a judgment which is running into 240 pages. And please show me one page. I challenge him. One page. One Sentence Where the Judgment is Pronounced on the Basis of Faith and Belief. One single sentence please show me.

[00:00:32]The entire judgment is based on the report of ASI which is running into 2100 pages. In this, the entire judgment is based on historical records which have evidential value under Section 58 of the Indian Evidence Act. The entire judgment is taking into account Maa Vagdevi Maa Saraswati's statue which is there in the British Museum, London. The Entire Judgment is taking care of all the Sanskrit and Parakrit inscriptions which are existing at the site in question. 108 pillars are existing at the site in question which speaks volumes about the existence of Hindu temple. The Yagya Kund is there.

[00:01:09]Sanskrit shlokas are still existing at the site in question. It has a chequered history and Waris Bhai is saying that from past 700 years we are offering namaz.

[00:01:18]We are there worshipping in the premises in question from 10th and 11th century 1034 AD Raja Bhoj Raja Bhoj has made this Bhojshala a school of Sanskrit learning and Maa Vaag Devi was established there and then you are saying that you are offering namaz there please show a single evidential value where you are offering namaz at the site in question and apart from that Rahul Mr Waris Pathan has also referred to the Gazette notification of 1935 in the said very Gazette notification it is mentioned that the idols were inside this premises and it was thrown out in the said how notification.

[00:01:56]So how can there be a mosque which has all the antecedents which has all the character characteristics of a Hindu temple. You just it's a case of complete illegal possession which has been stopped by the Madhya Pradesh High Court. Point number two is please appreciate this fact. Section 16 of the ASI Act 1958. Section 16 sub clause one says that the ASI is under the statutory duty that they shall not perform anything at the site in question which is within their control which is inconsistent with the religious character of that place. So Rahul let me tell you that in the premises of this question and order was passed by the ASI on 7th of April 2003 where in the ASI said that on every Tuesday the Hindus will perform puja here and on every Friday the Muslims will offer namaz there.

[00:02:44]So the controversy arises as to what is the true characteristic of the premise in question and after detailed scientific evidence, scientific study which has a value under Order 26, Rule 10A of the CPC, this President's judgment has been passed.