Ayodhya case a confluence of mythology, scriptures, firmans, history & archaeology

The six-decade-old Ram Janambhoomi-Babri Masjid dispute is a case with unique features. The arguments advanced by the counsels involves references from not only case laws but also mythology, religious scriptures, firmans issued by different emperors of medieval India, extracts from gazetteers and travelogues, besides history and archaeology.

This is one rare legal battle in which the court ordered for excavations at the disputed site and also got old revenue records examined by the Forensic Science Laboratory.

As per the court order in March 2003, the Archaeological Survey of India (ASI) had excavated near the site from March 12, 2003 to August 7, 2003. On August 22, 2003, the ASI presented its report to the court.

Following the ASI report, the parties involved consulted archaeology experts from various parts of the country. "Prominent historian Professor R S Sharma was very helpful," said Zafarayab Jilani, who is counsel for the Sunni Central Board of Waqf. "It was a new subject for me and Professor Sharma helped me connect with the experts of archaeology across the country."

Jilani approached prominent experts to understand the ASI report — including Professor Ashok Dutta, then Head of Department, Calcutta University, Professor Shereen Ratnagar (JNU) and Professor R C Thakran (then in Archaeology department, Delhi University).

Besides, Dr R Nagaswami, the expert on art and temples, R D Trivedi, retired director of ASI and A K Sharma, retired superintending archaeologist of ASI have also had a role in the case. Documents related to revenue records were presented in the court in support of the claim and counter-claims.

"The court got examined many old documents by the Forensic Science Laboratory (FSL), Lucknow. Since the case involves several references from the pre-Independence days, it was but natural to seek help from the FSL," recalled Ranjana Agnihotri — counsel for defendant Swami Swaroopanand. The senior lawyer of Calcutta High Court, P N Mishra, who has argued on behalf of Swami Swaroopanand, say this is one of the rare legal battles in which the Supreme Court would be first appellate court.

Mishra, who was in Lucknow on September 23, said: "I did a research on several books on Islam and Hindu religions for better presentation of my arguments. I explored my links in different libraries not only in India but also in London and Britain."

According to him, he also approached his connections in Saudi Arab to get prominent books on Islam and their translated version. Another unique feature of this case is association of a large number of high court judges with the Special Bench that has been handling the Ayodhya title suits since 1989. All cases related to Ayodhya were withdrawn from Faizabad to Ayodhya in July 1989. Since 1989, the Special Bench has been reconstituted at least 13 times. Over 15 High Court Justices got associated with the Bench in the last two decades.