Shia Waqf Board Challenges 1946 Judgment Of Faisabad Civil Court In SC Seeking Claim Over Babri Masjid Property [Read Petition]

With the Supreme Court set to hear the dispute over Ram Janmabhoomi-Babri Masjid on Friday, the Shia Central Board of Waqf, Uttar Pradesh, has moved the apex court against a March 30,1946, order of trial court which had declared Babri Masjid the property of Sunni Waqf Board.

The Shia Waqf Board has prayed that its petition be heard along with other petitions.

The judgment dated March 30, 1946, was passed by civil judge, Faizabad, whereby the suit filed by the Shia Central Board of Waqf, seeking declaration that the popularly-known Babri Masjid is a Shia Waqf, was “erroneously” dismissed.

The petition filed by advocate MC Dhingra raises question whether the trial court was right in rejecting its claim despite the pedigree from Mir Baqi to the last Mutawalli (trustee) Kalab Hussain (1945-46) and also that Mir Baqi was a Shia and it is a settled practice that waqf created by a ‘wakif’ of one sect does not appoint Mutawalli of the other sect.

The Shia Waqf Board said in its petition that before February 26, 1944, the mosque was under its superintendence, but it was forced to move court after its erroneous enlistment as Sunni Waqf by the then commissioner.

The petitioner said even the second inscription on the pulpit of the mosque elaborately describes Mir Baqi (Shia) as the builder of the mosque.