The Decision of AIMPLB is Final

In an interview with Zillur Rahman Haider, DR SYED QASIM RASOOL ILYAS, spokesman of Babri Masjid Committee of All India Muslim Personal Law Board, says he sees no hope for an out-of-court settlement. Excerpts:

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August 16, 2022

In an interview with Zillur Rahman Haider, DR SYED QASIM RASOOL ILYAS, spokesman of Babri Masjid Committee of All India Muslim Personal Law Board, says he sees no hope for an out-of-court settlement. Excerpts:

Mr. Kamal Farooqi has given a statement that we should accept the Allahabad High Court verdict and should not to go to the Supreme Court.
It is his personal view and it has nothing to do with All India Muslim Personal Law Board.

Mr. Hashim Ansari, the oldest litigant of this case, is also in favour of reconciliation and out-of-court negotiation.
Basically Mr. Hashim Ansari is not the petitioner but Sunni Central Waqf Board is the petitioner. Whatever he is saying is his personal view. He has categorically said in the press statement that whatever would be the decision of All India Muslim Personal Law Board (AIMPLB), he will abide by it.

Maulana Mahmood Madni’s view also appeared in newspapers, not to go to the Supreme Court and accept the High Court verdict.
It is also his personal view. AIMPLB has not taken any decision yet. It will decide in its working committee. And Jamiatul Ulema-e-Hind is also going to decide its future course of action in its meeting of October 19. And definitely the AIMPLB is the collective platform. We will discuss the matter in the meeting and come out with clear-cut decision soon. And Maulana Madni also has said that the decision of AIMPLB would be accepted by him.

It shows that there are differences among the members of AIMPLB.
AIMPLB is a body of 251 persons, who are prominent figures of the Muslim community. Among them are leaders of various Muslim organisations. Besides, they are intellectuals and Ulema. Many of them definitely have their own personal opinions which may be based on some arguments. But they are associated with AIMPLB, which is the umbrella body of Muslims. In spite of holding different opinions everyone has categorically stated that everybody is bound with the final decision of AIMPLB.

On the next day of the judgment, Union Home Minister P Chidambaram issued a statement that the demolition of disputed structure on December 6, 1992, was a crime and the accused if found guilty would be definitely punished. Your opinion?
Mr. P Chidambaram has only described a fact. But, unfortunately, the Central Government is not sincere on this issue as far as the guilty of demolition are concerned. The Liberhan Commission, after 17 years of deliberation, has submitted a report to the government. They are not taking any action on that report. You know that the Liberhan Commission categorically said that the demolition of Babri mosque was not an accident. But it was a pre-planned conspiracy. So immediate result of this report should be that either the Central Government or CBI should file a supplementary charge sheet in the case in which Section 120b regarding conspiracy has to be added. This has not been done. Secondly, the Liberhan Commission has pointed out that 64 persons are directly responsible for the demolition of Babri mosque.

Do you agree with Mulayam Singh Yadav’s statement that Muslims are very much disappointed with this verdict?
It is a fact that Muslims are very much disappointed with this verdict. We appreciate the statement of Mulayam Singh.

If you are defeated in the Supreme Court, what will be your future course of action? Will you go to Parliament if you lose the case in the SC? Will you?
It is not proper to say anything before the judgment. It is the Apex Court of this country and the eyes of the whole world are on its verdict. It is not expected that the Supreme Court will give its verdict on the basis of the so-called aastha or faith of a community against the spirit of the Constitution of this country.

Is there any remote possibility of out-of-court settlement?
As far as out-of-court settlement or reconciliation is concerned, many times it had been tried but it could not be materialised into any agreeable settlement. Actually no Muslim is entitled to give any part of a mosque to anyone. A mosque is the waqf property, and it belongs to Allah. And no Muslims and not even the entire community can decide they would give it out or shift it. This is the first point.

Second thing, if we surrender and accept the Allahabad verdict and do not go to the Supreme Court then it will establish a bad precedence for future controversies of mosques and temples. It is so because Allahabad High Court gave its judgment based on faith or aastha. In future every court may cite this judgment in every controversy of mosque verses temple such as Kashi, Mathura, etc.

Thirdly, historically there are many places of worship of Jains and Buddhists which were demolished by Hindus or converted into temples. Controversies and court cases regarding such events may erupt in future.

Justice SU Khan has compared his judgment of disputed land with Hudaibiah Treaty (Sulah-e-Hudaibiyah) of Prophet Muhammad (peace and blessings of Allah be to him). Your opinion?
Sulah-e-Hudaibiah is sometimes misquoted in the sense that people try to draw result according to their respective bents of mind or liking. You know Sulah-e-Hudaibiyah was a strategic move of Prophet Muhammad (peace and blessings of Allah be to him). So it was neither defeat nor surrender. By that way what he achieved is important; history bears witness that within a period of two years he conquered Makkah.

It suggests that when you are applying the Sulah-e-Hudaibiyah example on this judgment then are you telling that you are temporarily giving this property to the Hindus and after some times you will get it back and you will re-build mosque on this site? After Sulah-e- Hudaibiyah, the Muslims got their Madinah state recognised. After two years the Prophet conquered Makkah. Do you want to suggest that it is a tactical retreat and we will make a come back and rebuild mosque again?