Did Babur Build the Mosque? Supreme Court: Ayodhya Verdict

Key Judicial Interpretation

Justice Sudhir Agarwal concluded that there was no reliable evidence to confirm the mosque was constructed by Babur or at his command, but likely built during Aurangzeb’s reign (Para 1679-1681).

Court’s View

Justice Sudhir Agarwal stated it was difficult to ascertain the exact period and reign of the concerned emperor during which the mosque was constructed due to lack of concrete material (Para 1679-1681).

Conclusion Reached by the Court

The Court held that the exact period of the mosque’s construction could not be determined, but it likely occurred during Aurangzeb’s reign, not Babur’s (Para 1679-1681).

Relevant Acts, Sections, Provisions, and Rules Cited

Limitation Act, Article 120, Articles 47, 142, 144, Section 80C, Section 35 CPC.

Case of the Appellant

The appellant argued that the High Court erred in holding that the mosque was constructed by or under the orders of Babur in 1528 and relied on the lack of authenticity of the inscriptions.

Appellant Relied On

Arguments focused on the historical analysis and the conclusions drawn from the lack of evidence regarding the inscriptions’ authenticity.

Case of the Respondent

The respondent claimed that the mosque was built by Babur’s commander Mir Baqi on the orders of Babur, using materials from a demolished Hindu temple.

Respondent Relied On

Historical records and the ASI report indicating the presence of a pre-existing structure beneath the mosque.

Question & Answer

Question
What did Justice Sudhir Agarwal conclude about the mosque’s construction date?
Answer
Justice Sudhir Agarwal concluded that it is difficult to ascertain the exact period of the mosque’s construction, but it likely occurred during Aurangzeb’s reign (Para 1679-1681).

Question
Was the mosque proven to be built by Babur?
Answer
No, the court found no reliable evidence that the mosque was constructed by or under the orders of Babur (Para 1679-1681).

Question
What did the ASI report reveal about the mosque’s construction site?
Answer
The ASI report indicated that the mosque was built on the site of an underlying structure that was not of Islamic origin (Para 508).

Question
What was the final decision regarding the mosque’s builder?
Answer
The court held that the mosque was likely constructed during Aurangzeb’s reign, not by Babur (Para 1679-1681).

Question
Did the court address the issue of demolition of a pre-existing temple?
Answer
The ASI report did not specifically conclude that a temple was demolished for the mosque’s construction, though it noted the mosque used materials from a pre-existing structure (Para 510).

Details of Case

Court: Supreme Court of India
Bench: Justice Sudhir Agarwal, Justice S U Khan, Justice D V Sharma
Date of Order: November 9, 2019
Case Name: [Case Name not provided]
Case No.: Not provided