4266

the ASI report it has been mentioned that bones had been

found at the excavation site.” (E.T,C.)

^^iz'u& [ q knkb Z LFky l s i z k Ir gfM ~M;k s a dk vkiu s v/;;u

ugh a fd;k g S\

mRrj& th gk aA** ¼ist 390½

“Question- You have not studied the bones discovered

from the excavation site?

Answer- Yes.” (E.T.C.)

^^iz'u& esjk ;g dguk gS fd mR[kuu LFky ls tks gfM~M;ka feyha Fkh]

mlesa vf/kdrj gfM~M;ka taxyh tkudojksa dh Fkha vFkok ,sls tkuojksa dh

Fkha] ftudks euq";ksa }kjk [kk;k ugha tkrk gS] tSls dqRrk] x/kk] lqvj]

esVd] vtxj vkfnA bl ckjs esa vkidks D;k dguk gS\

mRrj& mR[kuudrkvksa dk ,slk er ugha gSA

mR[kuudrkZvksa us bl ckjs esa viuh dksbZ fo'ks"k fjiksVZ ugha nh gS]

ftlesa ;g lR;kfir gks] ftlds ckjs esa fo}ku ftjgdrkZ vf/koDrk }kjk

iwNk x;k gSA eSa gfM~M;ksa ds ckjs esa tks c;ku ns jgk gwWa] og ,0,l0vkbZ0

dh fjiksVZ esa mfYyf[kr gSA d qN e afnj k s a e s a tkuojk s a dh cfy;k a

igy s H k h nh tkrh Fk h a vk S j vkt Hk h nh tkrh g S aA H k S al k s a]

cdjk s a] e qx sZ vk fn dh cfy nh tkrh g S A

dchjiaFkh rFkk jSnklh eafnjksa ds fuekZ.k &'kSyh ds ckjs esa esjk dksbZ

fo'ks"k v/;;u ugha gS] - - - - - -eSaus bl ckjs esa dksbZ fo'ks"k v/;;u ugha

fd;k gSA** ¼ist 392&393½

“Question- According to me, most of the bones found at the

excavation site were of wild animals or such animals,

which are not eaten by human beings such as dog, donkey,

pig, frog, python etc. What you have to say in this behalf?

Answer- The excavators do not think so.

The excavators have not given any particular report

in this behalf so as to prove the question as put up by the

learned counsel for the cross-examiner. The statement

being given by me about the bones, is mentioned in ASI’s

4267

report. Animals were sacrificed in few temples even in

past and today as well. Buffalo bull, he goat, cock etc.

were sacrificed.

I have not made any special study about the

followers of Kabir and Raidasi temple. . . . . . . . . I have not

made any special study in this behalf.” (E.T.C.)

3963. PW-29 (Jaya Menon) on the question of bones,

stated:

“I may not be an expert but it is possible to identify

different species except in the case of sheep and goat by

seeing the bone. My statement in paragraph-9 of the

affidavit regarding bones found in Trench No. F/3, F/4, F/5

is on the basis of daily register which was prepared at the

site by the ASI Team. . . . .in the swearing para this

paragraph is shown as based on ‘my knowledge’. It is true

that the daily register does not mention species of animals.

. . . . . .I am not an expert nor I have studied the bones

found during the excavation at the disputed site. . . . . .

.Species of bone can be identified even if it is too old by

visual examination. Palaeobotany is a subject dealing with

ancient plants and I am not an expert of that. . . . . . .I do

not agree with the suggestion that the bones recovered

during excavation at the site in question were kept or were

brought by scavengers because such large quantity of

bones could not have been brought by scavengers. By large

quantity I mean that during excavation every day bags

full of bones were recovered from the site in question. I

do not remember the exact number of bones recovered

during excavation. Size of those bags were different."

4268

(Page 37-38)

"The witness replied that she had not complained to

any about the excavated soil being thrown away without

any sorting nor I had complained about the bones of

human skeleton being mostly thrown.” (Page 42)

"According to me one of the significant aspects

neglected by ASI in the disputed site is the study of

animal bones. Animal bones are part of the evidence and

should have been studied in the case of present excavation.

If there was a temple at disputed site then the area of the

construction of the temple should have been cleaned of

animal bones." (Page 67)

"Question:- If bone is found under constructed area of

temple then whether that construction can be considered as

temple in that case also?

Answer:- I have no idea about this fact.” (Page 68)

“In para 8A of my affidavit I have said that bones

from a human skeleton too were mostly thrown away. These

bones were recovered from trench ZHI. The human skeleton

was mostly intact. Trench ZHI lies towards North to the

makeshift structure. Bones can be dated. Chemical change

in the bones is possible only if the bones have been buried

for a long period of time." (Page 74)

“Bones of humans and animals and plant remains

are also important for the study of the past." (Page 77)

“By stating in paragraph 8A that the collection of

artefacts was not made in scientific manner, I mean that the

bones of human skeleton recovered in a particular trench

were not collected but were thrown away. I was although

4269

present at the time of excavation but I did not raise any

objection to the throwing of the bones. The excavators did

not collect the bones. During excavation at the site the

excavator collected bones found in northern and southern

trenches but the bones found in the trench ZH-1 were not

collected, rather they were thrown away. So far as I know,

no one made any objection to this conduct of the

excavators in throwing away the bones found in trench ZH-

1." (Page 229)

3964. PW 30 (Dr.R.C.Thakran) on the question of bones,

said:

^^eq>s bl ckr dk Kku gS fd cgqr lkjs mR[kuu dk;ksZa esa

gfM~M;ksa ds feyus ij mudh fjdkfMZax dh tkrh jgh gSA mnkgj.k Lo:i

ljk; ukgj jk; ¼mRrj izns'k½] nenek ¼mRrj izns'k½] egkngk ¼mRrj

izns'k½ vkfn gSaA mijksDr lHkh txgsa tkSuiqj] izrkix<+ vkSj bykgkckn esa

gSaA eSasus mijksDr txgksa ds mR[kuu dk;ksZ ls lEcfU/kr fjiksVksZ dks vo';

i<+k gSA lEcfU/kr fjiksVZ Nkih xbZ FkhaA ;s lHkh fjiksVZ bykgkckn

fo'ofo|ky; ds izkphu Hkkjrh; bfrgkl ds lkaLd`frd ,oa iqjkrRo

foHkkx ds }kjk izdkf'kr gqbZ Fkha] muds uke eq>s ;kn ugha gSaA - - vHkh

gky gh esa ,d iqLrd Hkh izdkf'kr gqbZ gS] ftlesa mijksDr rhuksa LFkkuksa

ls lEcfU/kr fjiksVZ dk ft+dz gSA eq>s ml iqLrd] mlds ys[kd ,oa

izdk'kd dk uke ;kn ugha gSA** ¼ist 138½

“I have the knowledge that discoveries of bones in so

many excavations have continued to be recorded; for

instance – Sarai Nahar Rai ( Uttar Pradesh), Damdama

(Uttar Pradesh), Mahadaha (Uttat Pradesh), etc.. All the

afore-said places are in Jaunpur, Pratapgarh and

Allahabad. I have certainly gone through the reports

concerning excavations at the afore-said places.

Concerned reports were published. All these reports were

4270

published by the Cultural and Archaeological wing of the

Ancient Indian History Department of University of

Allahabad. I do not remember the names of the magazines

in which the afore-said reports were published. . . . A book

has also been recently published which speaks of the

reports relating to the afore-said three places. I do not

remember the name of the book, its writer and

publisher.”(E.T.C.)

^^[kqnkbZ ds nkSjku tc eSa ogkWa Fkk] ogka ij tks gfM~M;kWa fey jgh

Fkha] mu ij dV&ekDlZ~ Fks vkSj gfM~M;kWa vusd izdkj dh Fkha ¼iryh]

eksVh] l[r] ueZ vkfn½ ftudks ns[kdj ;g dgk tk ldrk gS fd ;g

gfM~M;ka mDr tkuojksa dh gSaA** ¼ist 143½

“The bones which were being discovered when I was

there in course of the excavation, had cut marks and they

were of several types (thin, thick, hard, soft, etc.) seeing

which it can be said as to which animals these bones

belong to.” (E.T.C.)

^^eq>s blds lEcU/k esa tkudkjh ugha gS fd cgqr ls eafnjksa ds

mR[kuu esa ,uhey cksUl ik;s x;s vFkok ughaA eafnjksa dh [kqnkbZ dh

fjiksV~l esa ,uhey cksUl ik;s tkus ds ckjs esa i<+k gSA ,sls eafnjksa ds

lacaËk esa fdlh bZnxkg ;k efLtn dk dksbZ fookn ugha FkkA ,sls efnjksa ds

mR[kuu esa] tgka ij ,uhey cksUl ikbZ xbZ] eSaus tkuus dk iz;Ru ugha

fd;k fd mDr LFkku ij ,uhey cksUl D;ksa FkhA ,slk dguk mfpr ugha

gksxk fd eSaus oknhx.k ds fgr esa xyrc;kuh fd;k gSA** ¼ist 191½

“I do not know whether or not animal bones were

discovered in the excavation of several temples. I have in

excavation reports of the temples read about animal bones

having been found. In regard to such temples, there was no

dispute as to there being any Eidgah or mosque. In the

excavation of those temples where animal bones were

4271

found, I did not try to know there were animal bones at the

said places. It will not be proper to say that I have given

wrong statement in favour of the plaintiffs.” (E.T.C.)

^^esjs 'kiFk i= ds i"B 3 izLrj 5 dh 11oha ykbu esa tks ^^fOgp

bu oYd lhEl Vw ch 'khi ,UM xksV** fy[kk gS] og e sj h viuh jk;

g S vk S j bldk i q j krk f Rod vk/ k kj Hk h g SA bl laca/k esa fdlh us

eq>s u jk; nh Fkh u lwpuk nh FkhA ;g e sj k viuk fu"d"k Z g S A

Lo;a dgk fd eSa bl rjg ds iqjkrkfRod vo'ks"kksa dks Mhy djrk jgk gwWaa

eSaus lqvj dh gfM~M;ksa ds fo"k; esa Mhy ugha fd;k gS D;ksafd iqjkbfrgkl

esa izFke ckj HksaM+ o cdjh] bu nks i'kqvksa dk gh euq";ksa }kjk ikyu 'kq:

fd;k tkuk ik;k x;k vkSj viuh vko';drkvksa dh iwfrZ ds fy, bu

nksuksa tkuojksa dk cM+s iSekus ij iz;ksx gksrk jgk gS ftldk izek.k fofHkUu

LFkyksa dh [kqnkb;ksa ds nkSjku feyrk jgk gSA** ¼ist 154½

“The words 'which in bulk seems to be sheep and

goat' written in the 11th line of para-5 on page-3 of my

Affidavit, represent my opinion and also have

archaeological basis. In this behalf, none had given me

any advice or information. It is my own finding. (Himself

stated) I have been dealing with this type of archaeological

remains. I have not dealt with pig bones, because the

primitive history for the first time saw the rearing only of

two animals, sheep and goat, by men and these two

animals have continued to be in use on a large scale for

fulfilment of the latter's needs. It has been in evidence

during excavations at several sites.” (E.T.C.)

3965. PW 32 (Dr. Supriya Verma) on the question of

bone, said:

“The bones which were referred to by me in para 11

of the affidavit were seen by me. Only by looking to the

bones, I cannot identify as to which animal species the

4272

bone belongs because I am not a Zoo-Archaeologist. The

above bones could be of any animal including dog.” (Page

43)

“Merely by looking at a skeleton, one cannot say that

whether the skeleton was of Hindu or of Muslim

person.”(Page 45)

“Bones that have been found in N.B.P.W. Gupta and

post Gupta periods have been mentioned on the basis of

ASI report because it says that bones have been found at all

level. Bones have no relation with civilization. Bones are

not associated with any particular community. Bones tell us

about food habits of societies. Bones tell us about food

habit of human society.”(Page 50)

“When archaeologists come across animal bones

which can be of domestic as well as of wild animals the

inference that is made relate to the food habit of that

society or one can get an idea about the fauna that might

have existed at that time around that site. When

archaeologists excavate and find archaeological material

which can include pottery and bones inference and

interpretation are made by archaeologists on the basis of

the context in which these finds are exposed.” (Page 50-51)

“While studying bones to ascertain the contest is

important and the second step is to have the bones

identified by Zoo-archaeologist.” (Page 51)

“The archaeological sites that have been found in

India reveal that from Palaeolithic time on wards animals

have been consumed. Finding of bones has to be related to

the context and the quantification of bones has also to be

4273

kept in mind.”(Page 51-52)

“One bone can come by chance but hundreds of

bones don't come by chance.” (Page 52)

“Animals bones are part of archaeological evidence

and have to be understood in the context in which they are

being found.”(Page 53)

“Q. Whether bones are found in the mosque or kept

in it?

A. I have seen some ruined Mosques and I have

visited once in my life Jama-Masjid in Delhi and I can not

know whether bones can be found in mosque or not.”(Page

53)

“Identification of bones is the subject of Zoo

Archaeologist I am not a Zoo Archaeologist. I can say that

bones were found during excavations but I can not identify

the species to which they belong. Since I have not examined

the bone I am not in a position to say whether they have cut

marks or not.” (Page 154)

“It is not correct to say that bones recovered during

excavation at disputed site were only form dumped

material; rather they were found in all levels including fill

deposits.” (Page 163)

“It do not agree that bones found in excavation are

not a decisive piece of evidence.” (Page 163)

“I completely disagree with the suggestion that

animal bones are not a decisive are not a decisive piece of

evidence.” (Page 163)

3966. Sri M.M.Pandey arguing on this aspect submitted:

"Study of bones is important only on prehistoric sites

4274

where not much information is available regarding the

food habit, faunal profile of the region or area and

seasonality of settlement. But in this case where most of

the bones have come from secondary deposits and belong

to the period for which most of the information regarding

species and food habit of populace is known through texts

and other sources. Hence no study was felt necessary.

Even if the cut marks prove that animal was eaten

and it may also report the species of animal eaten, the

knowledge would have proved of no use in this context as

the bones do not belong to primary context and were

brought from some other place where meat-eaters were

settled.

Meat eating also is not restricted to any religion or

creed. Presence of animal bones in any quantity does not

prove habitation on the site. As has been said that the

context of the find is important and the case of bones is no

different from any other find from these levels (Period IV

to Period IX). There has been regular raising of ground by

laying of earth removed from some other place (which

could have been a habitation area).

No other habitational material has been found in situ

in excavation, e.g., no houses, no hearths, no baths, no

latrine, not even definite house-hold pottery the so-called

table ware, to make it a regular habitation site.

The objection of the plaintiffs that bones are coming

from all periods and levels. Post Gupta levels onwards are

not residential in nature but attest to levels with temples

and these levels are supposedly stratified. Why the bones

4275

were found even from the central part of the alleged

temple. If stratum VII contained a structure so radically

different, from mosque in VIII above, why were there

finds not kept separate? Hukka and chillum can we expect

such finds in a temple?

3967. In any archaeological excavation, finds of animal

bones are as important as other antiquities as bones tell about

nature of fauna, environment and possibly food habits of a

section of the society at that given period of time from where

the bones have been recovered. But this all can be achieved

provided the bones have been recovered from the regular layers.

In this case as they have been recovered from a pit, dump or

filling, they lose significance and importance.

3968. In the excavation at the disputed site, the entire

collection of animal bones was recovered from the fills of

different periods. Evidently, these fills were brought from the

neighbouring areas to level the ground from time to time. It is

but natural that fills which were brought from habitational

deposits contained animal bones, hence their examination will

throw light only about the area of their origin. They have no

bearing on the nature of the layers of the excavated site.

3969. Moreover, it is a well known fact that in certain

Hindu temples animal sacrifices are made and flesh is eaten as

Prasad while bones are deposited below the floor at the site

itself. Even Dr. Supriya Verma, the learned witness (P.W. 32) in

her submission, stated on Page 50 “Bones have no relation with

civilization. Bones are not associated with any particular

community. Bones tell us about the food habits of the

society…”. Another witness Dr Jaya Menon (P.W. 29) admitted

4276

that “It is true that in certain kind of temples animals are

sacrificed” (Page 37). She clearly admitted that bones can be

found at temple sites also.

“Mandiron ki khudai ki reports mein animal bones paaye

jaane ke baare mein padhaa hai. Aisey Mandiron ke

sambandh mein kisi Idgah ya Masjid ka koi vivaad nahin

tha” – R.C. Thakran (P.W. 30) Page 191

3970. One thing more we intend to notice in respect to the

bones. It is not the case of the plaintiffs (Suit-4) or other

witnesses that bones in such abundance could have been found

in Islamic religious place i.e. Mosque, Idgah etc. The Islamic

scriptures clearly show place of worship cannot be used for

residence purpose or for eating, sleeping etc. It is prohibited. If

that be so, the existence of bones could have been of some

importance had there found some other material to suggest that

it could have been a residential place if there would have been a

dispute about the nature of habitation. One thing from all the

evidence is clear that whatsoever the justification or submission

has come, the attempt is on the part of Experts witnesses of

plaintiffs (Suit-4) to show that under the disputed structure,

there could be an Islamic religious place i.e. Mosque, Idgah. It

show that they are also aware that the underneath structure was

not a non religious one. In this way of the matter also we find no

substance against the complaint of the inference drawn by ASI

and not paying much attention to the alleged bones which

according to them were found from deposits and pits hence they

are of no consequence, particularly in view of the other material

suffice for them to draw a correct inference.

3971. Then come next serious objection about the "Glazed

4277

Wares and Glazed Tiles", the level at which they were found,

and their interpretation. Para 10 (10.1 to 10.5) of the objections

says:

10. GLAZED WARES AND GLAZED TILES:-

10.1. That the glazed ware, often called "Muslim" glazed

ware, constitutes an equally definite piece of evidence,

which militates against the presence or construction of a

temple, since such galzed ware was n to at all used in

temples. The ware is all pervasive till much below the level

of "Floor No. 4", which floor is falsely ascribed in the

Report to the "huge" structure of a temple allegedly built

in the 11th - 12th centuries. The Report tells us that the

glazed ware sherds only "make their appearance" "in the

last phase of the period VII" (p. 270). Here we directly

encounter the play with the names of periods. On page

270, Period VII is called "Medieval Sultanate", dated to

12th - 16th century A.D. But on p. 40 " Medieval-Sultanate"

is the name used for Period VI, dated to 10th and 11th

centuries. In Chapter V (Pottery), there is no statement

made to the effect that the galzed ware appears in "the last

phase of Period VII" as is asserted in the Summary. Rather,

it is three definitely stated " the pottery of Medieval-

Sultanate, Mughal and Late-and-Post Mughal period

(Periods VII to IX)...indicates that there is not much

difference in pottery wares and shapes" and that "the

distinctive pottery of the periods is glazed ware: (p. 108).

The placing of the appearance of Glazed ware in the "last

phase" of Period VII is thus a last-minute invention in the

Report, to keep its "massive" temple, allegedly built in

4278

Period VII, clear of Glazed-Ware by a sleight of hand,

because otherwise it would militate against a temple being

built in that period. All this gross manipulation has been

because the items of galzed pottery have not been

attributed to their trench and stratum even in the select list

of 21 items of glazed ware (out of hundreds of items

actually obtained) on pages 109-111. Seeing the

importance of glazed ware as a factor for elementary

dating (pre or post-Muslim habitation at the site), and in

view also of the Hon'ble High Court's order dated

10.4.2003 about the need for recording of glazed ware, a

tabulation of all recorded galzed-ware sherds according to

trench and stratum was essential. That this has been

entirely disregarded shows that, owing to the glazed-ware

evidence being totally incompatible with any alleged

temple construction activity in Period VI, the A.S.I. has

resorted to the most unprofessional act of ignoring and

manipulating the archaeological finds.

10.2. That Going by the Pottery Section of the Report (p.

108), not by its "Summary", the presence of Glazed Ware

throughout Period VII (Medieval, 12th -16th centuries) rules

out what is asserted on page 41, that a "column-based

structure"__ (on the alleged pillar bases)___ was built in

this period. How could Muslims have been using glazed

ware inside a temple? (To say that glazed ware was found

at Multan and Tulamba before the 13th century, is hardly

germaine to the issue, since, obviously these were towns

under Arab rule with Muslim settlements since 714 AD

onwards, and so the use of glazed ware over there can be

4279

expected.) The whole point is that glazed ware is an

indicator of Muslim habitation, and is not found in

medieval Hindu temples.

10.3. That the question whether particular sorts of glazed

ware made by Muslim potters, could have been used in any

medieval Hindu temple was dealt with by S.K. Mirmira, in

Indian Pottery (Chanda: Gramodyaya Sangh, 1973) who

states (pp. 5-7):-

"India was invaded and ruled by the Moslem

dynasties since 1000 AD for a few centuries and

along with them they had brought certain arts and

crafts. Decorative pottery was one of them. In the 12th

century AD Muslim rulers had encouraged many

potters from their homelands to come and settle in

India. These potters especially from Persia, knew

how to superimpose bluish green glaze on red clay

wares.....As a result of this, the potters near Delhi

have become famous for their bluish

decorations.....An enthusiastic Maharaja of

Rajasthan near Jodhpur brought some potters from

Arab countries......

It is presumed that the reason for not adopting

the glazing technique of Muslim craftsmen is

religious; the orthodox Hindu potters did not relish

the idea of learning the new technique from those

who eat beef. In Khurja near Delhi there are still a

few Muslim potters, descendants of the Persian

settlers, who still use this technique of glazing."

Concerning porcelain wares the author writes,

4280

"Indians because of religious prejudices did not like

these, as they thought that bones were used in the clay for

whitening the wares. Even in this day, in rural parts

people call whitewares as 'farangi' …..Therefore, nobody

even tried to adopt these techniques."

10.4. The story of Glazed Tiles is very similar. These too

are in index of Muslim habitation. Yet 2 Glazed Tiles are

found in layers of Period VI which means that the layers

are wrongly assigned and must be dated to Period VII

(Sultanate period). There could be no remains of any "huge

temple" in these layers then.

10.5. That On p. 163, it is mentioned that glazed tiles

"mainly come from debris and dump of the disputed

structure. However, some of the glazed tile pieces have

also been recovered from the depth which is lower than the

disputed structure but from the levels of Period VIII and IX

only." These are completely false statements and show the

level of inaccuracy in the Report. First of all, the glazed

tiles do not come from the debris and dump of the disputed

structure. The debris and dump was removed from

Trenches E2, F2, G2, G5, F6, E6, D6, F3 and F4/F5 out of

the excavated trenches. Glazed tiles that have been found

from these trenches come from levels below the Babri

Masjid floor and not from the debris of dump lying above

it. Some of the debris that had rolled down the western

slope, was recovered from the B and C series of trenches.

Glazed tiles from this debris add up to a total of 14.

Second, of the 155 pieces of glazed tiles in the tables

provided by the A.S.I., 96 come form pits or fill in various

4281

trenches. Of the remaining 45, 29 come from period VIII

but 14 are from Medieval levels (Periods VII) and 2 from

the Early Medieval level (Period VI). This has been

gleaned from the table provided by the A.S.I. on pp. 164-

72. Thus, the A.S.I.'s own information falsifies their claim

that the glazed title pieces mainly come from Period VIII

and IX.

3972. PW 16 (Surajbhan) on the question of Glazed Ware

said:

^^eqfLye XysTM os;j dk izknqHkkZo igyh ckj ml bykdsa esa gqvk

tgkWa mUgksaus jkT; LFkkfir fd;k] tSls flU/k vkSj eqYrku ds {ks=] fdUrq

vk/kqfud Hkkjr esa bl enHkk.M dyk dk iz;ksx lYrur dky esa izlkfjr

gqvkA ;g lYrur ihfj;M 1206 ,0Mh0ls 1526 ,0Mh0 ds chp ekuk

tkrk gSA** ¼ist 214½

“ The Muslim glazed ware for the first time emerged

in those areas where they established their reign such as

Sindh and Multan regions. But in modern India the art of

casting pots spread in the Sultanate period. This Sultanate

period is taken to be spanning between 1206AD and 1526

AD.” (E.T.C.)

^^bl eqfLye XysTM os;j esa u, izdkj ds fp=.k gksrs Fks] ftuesa

Q+yksjy fMtkbu] ft;ksesfV~d fMtkbal rFkk lw;Z tSls fMt+kbu vkSj

vjsfcd vkfn fyfi ds fMt+kbu Hkh gksrs FksA bl izdkj ds XysTM os;j esa

i'kq & if{k;ksa rFkk tkuojksa ds fMt+kbu izk;% ugha gksrs FksA** ¼ist 215½

“This Muslim glazed ware had new type of designs,

which included floral designs, geometric designs, sun-like

designs and designs of Arabic script etc.. This type of

glazed ware often did not have designs of animals and

birds.” (E.T.C.)

^^;g dguk xyr gS fd XysTM os;j dk mi;ksx Hkkjro"kZ esa

4282

gM+Iiu dky ls 'kq: gks x;k FkkA d q " k k . k dky e s a d qN Xy sTM

o s;j bekjrk s a e s a fey s g S a tk s gj s vk S j uhy s j ax d s Fk s ;k

ugh a ;g e q> s ;kn ugh a g S A gjs o uhys XysTM os;j eqLye dky ds

iwoZ lhfer ek=k esa gks ldrs gSa ijUrq lyrur vkSj eqxy dky dk

XysTM os;j dk Vkbi Hkh vyx gS vkSj budk LVkby Hkh vyx gSA

LVkby] Vkbi dk izeq[k vax gS ijUrq blds vUrxZr crZuksa ds vkdkj

¼'ksIl½] mudh cukoV] feV~Vh vkfn Hkh ns[kh tkrh gSA ehfMoy dky ds

XysTM os;j esa tSlh feV~Vh dk bLrseky gqvk gS rFkk ml ij ftu fofo/k

jaxksa vkSj Xyst dk bLrseky gqvk gS og Li"V :i ls bu nksuksa dkyksa ds

XysTM os;j dks vyx dj nsrk gS vkSj blesa dUQwtu dh ckr gh ughaA**

¼ist 359&360½

“It is wrong to say that the use of glazed ware started

in India from the Harappan period. Few glazed ware have

been found in buildings of Kushana period, but I do not

remember whether they were green and blue in colour.

Green and blue glazed ware can be in limited quantity in

pre-Muslim period. However, the type and style of the

glazed ware of Sultanate and Mughal period are different.

The style is main part of type, but the shape, make, earth

etc. are also considered in it. The type of earth used in the

glazed ware of medieval period and the different colours &

glaze used on it, certainly distinguishes the glazed ware of

both these periods and there is no confusion in it.” (E.T.C.)

^^XysTM os;j dh vksfjftu eq>s yxrk gS fd 'kk;n pk;uk ls gqvk

gSA fo}kuksa dk dguk gS fd phu esa yxHkx 1500 bZ0 iwoZ gh XysTM os;j

dk fuekZ.k gksus yxk FkkA** ¼ist 360½

“I feel that the glazed ware probably originated from

China. The scholars claim that the production of glazed

ware started in China prior to 1500 AD.” (E.T.C.)

^^bldk rkRi; Z ;g g S fd bLyke er d s vk sf j ftu d s

i wo Z l s gh Xy sTM o s;j rduhd 'k q: gk s x;k Fk k A - - -okLro

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esa bls eqfLye XysTM os;j blfy, dgk x;k gS D;ksafd e/;dky esa ;g

rduhd bLykfed ns'kksa esa O;kid rkSj ij izpfyr gks x;h] bldk

Qsyko m/kj ls gh Hkkjr tSls ns'kks dh rjQ Hkh gqvkA** ¼ist 361½

“It implies that the glazed ware technique was in

place prior to origin of Islam faith. . .Actually it has been

called Muslim glazed ware only in view of the fact that in

the medieval period this technique was widely prevalent in

the Islamic countries and it expanded from there towards

countries like India.” (E.T.C.)

^^egRoiw.kZ ;g gS fd mRrj Hkkjr esa XysTM os;j eqfLye 'kkldksa

ds vkus ds lkFk vFkkZr~ lyrur dky esa O;kid rkSj ij vk;kA ;gkWa ;g

XysTM os;j ,d dky fo'ks"k dks fu/kkZfjr djrk gSA** ¼ist 361½

“ The important fact is that the glazed ware widely

entered northern India along with the advent of Muslim

rulers or from the Sultanate period. The glazed ware here

determines a particular period.” (E.T.C.)

^^eSaus phuh ;k=h g~osulkax dk uke lquk gSA e q> s ;g tkudkjh

ugh a g S fd g ~o sulk ax u s viuh ;k=k o `rk ar e s a mRrj Hk kjr

e s a H kouk s a dh Nr o e afnjk s a dh Nr e s a Vkb Z Yl yx s gk su s dh

ckr dgh g S ;k ugh a a eSaus dq"kk.k dky esa dksbZ XysTM os;j ,slk ugha

i<+k tks fgUnw eafnjksa esa feyk gksA** ¼ist 362½

“I have heard about Chinese traveller Hiun-Tsiang. I

have no knowledge whether in his memoirs, Hiun-

Tsiang has mentioned about use of tiles in the roofs of

buildings & temples in north India, or not. I have not

read about any glazed ware of the Kushana period, which

has been found in Hindu temples.”(E.T.C.)

3973. PW-29 (Jaya Menon) on this aspect said:

“I do not agree with ASI report that glazed tiles were

used for the first time from Kushan period in India. I do not

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agree with the opinion f the ASI recited in para 2 at page

163 which reads as follows:

“Although, use of glazed tiles in India can be

traced back to the early centuries of Christian era when

the Kushans introduced them, the tiles, under study at

present, most probably belong to the original construction

of the disputed structure.” (Page 225)

3974. PW 30 (Dr. R.C.Thakran) on this aspect said:

^^esjs 'kiFk i= ds izLrj 6 esa eqfLye XysTM os;j dgk x;k gSA

bls blfy, dgk x;k gS fd pawfd ;g XysTM os;j eqfLyeksa ds lkFk gh

Hkkjro"kZ esa vk;k FkkA ,slk dguk lgh ugha gS fd en~Hkk.M cukus dh

dyk Hkkjro"kZ ls gh 'kq: gqbZ Fkh] vFkkZr~ ;g Hkkjro"kZ dh gh dyk gSA

Hkkjro"kZ esa crZu cukus dh dyk tks 'kq: gqbZ] og izkphure ugha gS blls

igys nwljs ns'kksa esa Hkh crZu cukus dh 'kq:vkr gks pqdh FkhA gekjs

ikl ,slh dksbZ tkudkjh ugha gS fd ftlds vk/kkj ij ;g dgk tk lds

fd Hkkjr esa crZu cukus dh dyk dk izkjEHk vjc ns'k ls igys gks pqdk

FkkA^^ ¼ist 124½

“Para 6 of my Affidavit speaks of the Muslim glazed ware.

It is so termed because this glazed ware came to India only

along with Muslims. It is not true to say that the art of

making pottery originated only from India, that is to say, it

is an art only of India. The art of making utensils which

began in India, is not oldest. Before it the art of making

utensils had begun in other countries. I do not have any

knowledge enabling me to say that the art of making

utensils had begun in India before Arabian

countries."(E.T.C.)

Glazed tiles

^^eSaus vius 'kiFk&i= ds izLrj 8 dh nwljh ykbZu esa XysTM

VkbZYl ds ckjs esa dgk gSA ;g [kkl rjg dh VkbZYl gSaaA vkSj ,d fo'ks"k

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rduhd ls cuk;h tkrh gSaA bl rduhd dk Hkkjr esa izpyu eqlyekuksa

ds vkus ds lkFk gh gqvk gSA VkbZYl] [kiM+k ugha gksrk Fkk] cfYd iDdh

feV~Vh dh cuk;h tkrh gSa vkSj mls fdlh [kkl rduhd ls XysTM fd;k

tkrk gS vkSj vxj VkbZYl dks flQZ idk;k tk;s vkSj XysTM u fd;k

tk;s rks mls VsjhdksVk VkbZYl gh dgk tk;sxkA^^ ¼ist 126½

“I have referred to glazed tiles in the second line of

para-8 to my Affidavit. These are tiles of a particular type

and are made with a particular technique. The prevalence

of this technique in India began with the advent of the

Muslims. Tiles were not 'Khapda' (earthen tiles); rather,

they are made of baked earth and are glazed with a

particular technique. If the tiles are only baked but not

glazed they will only be called terracotta tiles." (E.T.C.)

3975. PW- 32 ( Dr. Supriya Verma) said:

“I agree that the glazed wares have been found in

Kushan period but the glazed ware of Kushan period are

different from the glazed ware associated with later period.

It differs both in terms of chemical and physical

composition and appearance.” (Page 164)

“I cannot say as to whether glazed tiles are used in

Hindu building in Gwalior Fort. I am also not aware that

in Gwalior Fort, Hindu deities are depicted in such glazed

titles. I am not aware whether pre-Islamic Persina people

were using glazed tiles and glazed wares or not.” (Page

164)

“Q. There is no contemporary sources to throw light

on the production technique of glazed tiles and glazed

wares?

A. I am not expert of Arabic and Persian and

therefore, I have not examined the sources and therefore, I

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am not in a position to say as to whether any description of

production technique is there or not.” (Page 164)

3976. Sri Pandey on the contrary in his written argument

submitted:

The objection of the plaintiffs that the glazed pottery

often called "Muslim" glazed ware militates against the

presence or construction of a temple. A tabulation of

recorded glazed ware sherds according to trench and

stratum was essential.... which has been entirely

disregarded. How could Muslims have been using glazed

ware inside a temple.

The tradition of glazing of pottery dates back to

Harappan culture (2500 – 1500 B.C.) and since then it was

known. During Kushan period it was a very popular ware.

Gradually the tradition of glazing was lost from India but

soon its imports were coming from Persia and Iran and

China, where this ware has found favour. This ware is

known as Indo-Sassanian Glazed ware, as it was in vogue

during the Sassanian rule and later the muslims adopted it

(K. K. Mohamad; "Glaze Ware in India" published in

Puratattva No. 15 p. 105-110).

Pottery of any kind is neither Hindu nor Buddhist

nor even muslim except some ritual pots which are used in

rituals of particular religion. To demarcate pottery ware on

religious lines speaks volumes about the oriented mindset

only.

A tabulation of glazed ware is maintained in the day-

to-day basis according to trench and stratum in the day-to-

day register.

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Glazed ware has been found mainly from the

secondary deposits and not from primary context. The

record of the glazed ware in the Day-to-Day register

mentions their primary occurrence and tentative layer and

depth. The layer identification on day-to-day basis is never

final and is liable to change as the identification of pits

and disturbances could not be finalized on the very day,

but the records could not be changed.

Secondly, a ware has no religion and it transgresses

the religious boundary.

The objection of the plaintiffs that Glazed tile are

also similarly a index of Muslim habitation. 29 tiles come

from Period VIII and 14 from Period VII. One decisive

piece of evidence, which entirely negates the possibility of

a temple, is that of bones. The statement that the site was

not a habitation site from the Period IV onwards upto

Period IX stands belied and negated by the animal bone

evidence.

In this connection it may be submitted that at Shah-

ji-Dheri, the Buddhist structure used even glazed tiles.

Huein T'sang had seen may places in north India where

coloured tiles were used in the roof.

It appears that the Objector has not cared to read the

table from pages 164 to 172 in the context of Chapter III

"Stratigraphy and Chronology" specially from pages 45 to

47, wherein the disturbances in stratigraphy has been

elaborately dealt with. Not a single tile is from confirmed

primary context.

3977. For our purposes we do not find that this aspect can

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have any material impact on the question which was required to

be reported by ASI and it has returned the same in the form of

its report. One thing is very clear that the disputed structure was

not raised on a vacant or unoccupied or a virgin land but the

land in question was in frequent use for several centuries

continuously having structures relating to different periods. As

we have already discussed, attempt on the part of the Expert

(Archaeologist) witnesses of plaintiffs (Suit-4) who described

the underneath structure as a Idgah or Kanati mosque makes it

very clear that the structure underneath is non religious one but

it was a place connected with religious purposes. This is suffice

to draw inference that there was a structure over land in question

where disputed structure was constructed and that structure

related to religious purposes and not non-religious purposes.

Then only thing which was to be seen, whether it could be a

temple or not. By the process of elimination since it was never a

case of Muslim parties that there existed any Islamic religious

structure at the place in dispute before construction of the

disputed structure or that there existed a religious structure other

than Hundus, leads to an inference as suggested by ASI and

mere titbits and minor infirmities in it, even it exist, in our view,

are of no consequence, if any.

3978. Then there are some objections with respect to

"Pottery", "Inscriptions" and under the general heading of

"Other Contradictions and Discrepancies" as under:

12. POTTERY

12.1 That in Chapter V on Pottery, it is highly significant

that the pottery of Periods VII, VIII and IX is all described

together (see pp. 108-120). If stratum VII contained a

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structure so radically different from the mosque in VIII

above, why were their finds not kept seperate ?

12.2. That moreover, it is stated (p. 108) that the pottery of

Periods VII, VIII and IX is combined together because

"there is not much difference" in either wares or shapes.

Thus the pottery of an insinuated "temple" structure is said

to be of the same types as that of a mosque! Incidentally,

chillium and hukka pieces are also recorded in this

combined batch of pottery (p. 115). Can we expect such

finds in a temple?

13. INSCRIPTIONS :-

13.1. That the short report on Inscriptions(on pages 204-

06), one of which is in Nagari, and two are in Arabic, show

how casual and preconceived in its notions was the A.S.I.

The first is not to be dated with any certitude to the 11th

century: its time range could be 7th -12th centuries; and it

could be a Pala record of a Buddhist provenance--- a piece

of evidence negativing the presence of a Hindu temple. On

purely palaeographic grounds, the Arabic inscriptions can

be dated to the 13th century with as much reason as to the

16th century.

13.2. That the so- called "Nagari" inscription has only five

letters whose right- ward sloping limes in their lower

portion proclaim their affinity to the Siddhamatrika script,

7th -12th centuries, out of which the Devanagari script has

originated. Five letter are not sufficient to declare the

letters as belonging to the 11th century(where the A.S.I.

places construction of the "huge" temple. (See for the

Sidhamatrika script and characters __ Richard Salomon,

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Indian Epigraphy, New Delhi, 1998,pp.32, 39-41). Thus the

time -range of the inscription should be 7th -12th centuries.

The decipherment is also hasty. The reading of the

character next to la is ja(With a as in "jar"), not simple Ja

with 'a' as 'u' in "judge" . Further the A.S.I. should have

asked itself about the suffix pala, which suggests a possible

reference to one of the Pala rulers of Bengal and Bihar(8th

-11th centuries)who also held eastern U.P. (as shown by an

inscription at Sarnath),and used the Siddhamatrika Script.

Their well-known patronage of Buddhism seems to be sole

reason why the A.S.I. has avoided any further enquiry into

the name -Pala found in this inscription.

13.3. That the bias of the A.S.I. is again manifest in how

the two Arabic inscriptions found in the debris of the

Mosque, are dealt with in the Report, (pages 205-6), with

Plates 91 and 92. The A.S.I. epigraphist dates them both to

the early sixteenth century, alleged on the basis of the

naksh characters employed. He gives no reason why the

writing cannot be dated earlier, or placed within a larger

range, say 13th - 18th century. In this respect reference may

be given to the inscriptions on fronts of the Qutub Minar

and the tomb of Iltutamish, both belonging to the first half

of the 13th century(given in Tatsuro yanamoto, et al.,

Delhi:Architectural Remains of the Delhi Sultanate

Period,Tokyo, 1967,Plates 2b,6b). It will be seen that the

naskh is of the same style. Clearly, the A.S.I. epigraphist

has not even considered the possibility of an earlier date,

because he know he was expected to hold that all mosque

materials must be dated to 1528, so that there be no

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thought that anything could belong to an earlier

mosque/Eidgah on the site.

13.4. That the floral design of the stone slab in which the

word "Allah" has been carved(Plate 92) should show to

everyone how absurd it is to take a floral motif as a sure

sign of a temple!

14. Other Contradictions and Discrepancies :-

14.1. That there appears to be considerable confusion on

the point as to when structural activity first began at the

site. For example, on p.37 it is mentioned that, "the site

had seen successive structural activities which began from

the middle of the Kushan level(Period III)." On p.38 in the

section on the Period II (Sunga level) it is mentioned that,

"it is this period that the site witnessed first structural

activity in stone and brick, as noticed in J3."

14.2. That the descriptive term used for certain periods

changes from one chapter to another. For example, in

Chapter III (Stratigraphy and Chronology), Period VI is

described as the Medieval-Sultanate level. In the same

chapter, the tentative periodization and schematic cross-

section of the mound describes the period as Early

Medieval-Sulanate. However, in Chapter V(Pottery) and

Chapter X(Summary of Results) this same period is

described as Early Medieval. In Chapter X, this period also

described as Early Medieval -Rajput. Period VII in

Chapter III is described as Medieval but in Chapter V and

Chapter X, it is described as Medieval Sultanate.

14.3. That on p.44,it is stated that, "no deposit

contemporary to Mughal period exist on the mound

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presently." The next page (45) it points out that the last two

periods (Mughal and Late Post Mughal) are only

represented by structural activities. Further, on p.271,the

Report points out that, "there is an increase in

contemporary archaeological material including pottery in

the Mughal period.

14.4. That on page 41, it is mentioned that the earliest floor

extended in the eastern area up to the H series of trenches

in sub-period VIIA. In sub -period VIIB, the next floor

extended up to trenches J4-J5-J6. On p.42, it is indicated

that in sub-period VIIC, the floor associated with the

"pillar bases" is the most extensive on the mound. In

Fig.23A, however, Floor 4(the said earliest floor) is shown

as extending all over the mound while Floor 3 and 2 are

more restricted providing a complete contradictory picture.

14.5. That In Chapter III, on p.42, Period VII is described

thus:"Total deposit of this period is approximately 50 to 60

cm thick which includes layers 1 and 2 in almost all the

trenches except those in the eastern area where the deposit

was disturbed by the construction in the later periods and

in the northern area where the floor of the Period VIIC

remained exposed and under use till late." However,

according to the tentative periodization and schematic

cross-section in the southern area layer 1 is shown to be

clearly belonging to the Mughal period. So does layer 1 in

the southern area belong to Period VII or VIII?

14.6. That on p. 44, while discussing Period IX (Late and

Post Mughal level), it is mentioned that first a partition

wall was added and later an enclosure wall was built for

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the complex. However, it is well known that the Babri

Masjid was built with an enclusure wall and around the

mid-19th century, the area of the Babri Masjid was

partitioned with a wall.

14.7. That on the same page (p.44) and on pp. 70 and 270

it is mentioned that there were burials in the late and post

Mughal period (Period IX) in the north and south that have

cut the top floors and were sealed by layer 1. According to

the A.S.I.'s own admission,on p.42, layer 1 in the southern

area is supposed to be of the medieval period while in the

schematic cross-section and tentative periodization, layer 1

is of the Mughal period. Therefore, if these burials are

sealed by layer 1, then either they belong to the medieval

period (Period VII-12th to 16th centuries) or to the Mughal

period (period VIII). It may be pointed out that it is in the

former period that the alleged temple supposedly stood

here.

14.8. That the tabulation of the "pillar bases" from pp. 56-

67 mentions the floors on which they rest and in some cases

to which they are contemporary. However, the floor

numbers do not tally with the information provided in

Appendix IV at the end of the text. For example, "pillar

base" 22 on pp. 60-61 is indicated as resting on Floor 4

but on p.6 of the appendix, there is no Floor 4 in Trench

F2. This discrepancy has been found in 21 cases out of 50.

14.9. That the tabulation of stone architectural fragments,

in Chapter VI, also includes non-architectural members

like S.No. 3(saddle), S.No. 20(bowl), S.No.48(pestle),

S.No.51(pestle), S.No.76 (diya), S.No.78(pestle), S.No.81

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(elephant), S.No.90(muller) and S.No. 145(dish). These, if

of stone, should have been described in Chapter IX, on

miscellaneous objects."

3979. The report of the Archaeological Survey of India,

which is a report of an expert in excavation, contains all the

details including details of stratigraphy, artifacts, periodisation

as well as details of structures and walls. The pillar bases

mentioned in the report establishes beyond all doubt the

existence of a huge structure. In addition to above, existence of

circular shrine, stone slabs in walls with Hindu motifs and more

particularly sign of Makar Pranal in wall No. 5 (wall of disputed

structure), divine couple and other temple materials, etc.,

conclusively proves the existence of a hindu religious structure

beneath the disputed structure. It is generally admitted by the

witnesses that the excavation was conducted as per settled

norms of archaeology in presence of parties, experts and

observers and three dimensional recording, photography,

videography of each and every trench, structure, artifacts, were

done by the ASI during excavation in presence of all concerned.

Day-to-day register, supervisor's diary and antiquity register

were being regularly maintained.

3980. There are some more objection which we find not

much of worth for the reason that the experts of Muslim parties

ultimately, realizing that structure existed underneath the

disputed building hence they made out a new case in their

statement. However, a new stand which is not the case of the

plaintiff, not pleaded is not permissible.

3981. In Ram Sarup Gupta Vs. Bishun Narain Inter

College & others AIR 1987 SC 1242, it was held:

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"It is well settled that in the absence of pleading, evidence,

if any, produced by the parties cannot be considered. It is

also equally settled that no party should be permitted to

travel beyond its pleading and that all necessary and

material facts should be pleaded by the party in support of

the case set up by it. The object and purpose of pleading is

to enable the adversary party to know the case it has to

meet. In order to have a fair trial it is imperative that the

party should state the essential material facts so that other

party may not be taken by surprise. The pleadings however

should receive a liberal construction, no pedantic approach

should be adopted to defeat justice on hair splitting

technicalities. Sometimes, pleadings are expressed in words

which may not expressly make out a case in accordance

with strict interpretation of law, in such a case it is the duty

of the Court to ascertain the substance of the pleadings to

determine the question. It is not desirable to place undue

emphasis on form, instead the substance of the pleadings

should be considered. Whenever the question about lack

of pleading is raised the enquiry should not be so much

about the form of the pleadings, instead; the court must

find out whether in substance the parties knew the case

and the issues upon which they went to trial. Once it is

found that in spite of deficiency in the pleadings parties

knew the case and they proceeded to trial on those issues

by producing evidence, in that event it would not be open to

a party to raise the question of absence of pleadings in

appeal."

3982. PW-16 (Surajbhan) formed his opinion in advance

4296

before the receipt of the ASI report and sought to explain that

underneath the disputed building there appears to be an Islamic

structure existing like Idgah and Kanati mosque. His statement

on page 446, 521 and 527 is as under:

^^;g lgh gS fd dqN b';wt+ ij eSaus vius fopkj ,0,l0vkbZ0

dh fjiksVZ ds U;k;ky; esa izLrqr gksus ds igys viuh tkudkjh ds vk/kkj

ij vius fu"d"kZ fudkys vkSj fopkj O;Dr fd;sA** ¼ist 446½

“It is true that my conclusions and views on certain

issues are based on my knowledge existing prior to the

submission of ASI’s report in court.” (E.T.C.)

^^,0,l0vkbZ0 dh bl ekeys esa fjiksVZ vkus ds i'pkr~ eSaus rFkk

izks0 bjQ+ku gchc us ;g ckr vkus ij fd fookfnr LFky ij efUnj ds

vo'ks"k feys gSa] ;g oDrO; fn;k Fkk fd fookfnr LFky ij uhps iqjkuh

efLtn ;k bZnxkg ds vo'ks"k feys gSa u fd efUnj dsA vxj ;g

izksiksxS.Mk u gksrk fd fookfnr LFky ij efUnj ds vo'ks"k feys gSa] rks

eq>s o izks0 bjQ+ku gchc dks mijksDr oDrO; nsus dh vko';drk ugha

FkhA** ¼ist 521½

“Consequent to submission of ASI’s report in the

matter and the claim that remains of temple were found at

the disputed site, I and Prof. Irfan Habib had given this

statement that remains of old mosque or Eidgah had been

found beneath the disputed site and not of any temple. If

this propaganda that remains of temple were found at the

disputed site, had not taken place, there would have been

no occasion for me and Prof. Irfan Habib to give the above

statement.” (E.T.C.)

^^esjk fopkj gS fd fookfnr Hkou ds uhps nks LV~DplZ oky ua0 16

o oky ua0 17 ls lacaf/kr Hkou lYrur dky ds Fksa tks fdlh bLykfed

LV~DplZ jgs gksaxs] tSls bZnxkg ;k d+ukrh efltn vkfn&vkfnA-- - - -;g

nksuksa nhokjsa fdlh fgUnw Hkou dh ekywe ugha gksrh Fkha] cfYd lYrur

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ihfj;M ds fdlh eqfLye Hkou dh jgh gksaxhA** ¼ist 527½

“In my view the buildings related to wall nos. 16 &

17, the two structure beneath the disputed structure, were

of the Sultanate period and must have been some Islamic

structures such as Eidgah or Kanati mosque etc.. . . . . . . . .

Both these walls do not appear to be of some Hindu

building and instead must have been of some Muslim

building of the Sultanate period.” (E.T.C.)

3983. Similarly, PW-29 (Jaya Menon) on page 157 said:

“It was Dr. Supriya Varma and myself, who, for the

first time, said that there was an Idgah under the disputed

structure. I did not know that the plaintiffs of OOS no. 4 of

1989 had not claimed any Idgah under the disputed

structure." (Page 157)

3984. PW-30 (Dr. R.C.Thakaran) on page 169 said:

^^fookfnr LFky ij ebZ lu~ 2003 esa [kqnkbZ ds nkSjku eq>s ;g

Kkr gqvk fd fookfnr LFky ds uhps efLtn@bZnxkg FkhA [kqnkbZ ds

nkSjku nhokj dks ns[kus ls rFkk ,0,l0vkbZ0 dh fjiksVz ns[kus ls eq>s

,slk yxk fd ckcjh efLtn ;k mlds iwoZ dh efLtn@bZnxkg cukus esa

tks eSVhfj;y iqu% iz;ksx esa yk;k x;k gS] og dgha vkl&ikl ls ykdj

bLrseky fd;k x;k gSA** ¼ist 169½

“In 2003, in course of excavation at the disputed site,

I came to know that there was a mosque/Eidgah beneath

the disputed site. Seeing the wall in course of the

excavation and going through the ASI report, it seemed to

me that the materials reused in the construction of the

Babri masjid or its prior mosque/Eidgah, had been brought

from somewhere nearby and then used.” (E.T.C.)

3985. It is true that all these experts were representing, in

fact, a particular party, they were all, in one or the other manner

4298

connected with each other. The statement of PW-32 (Dr. Supriya

Varma) is:

“I have done my Ph. D. under Prof. Shereen

Ratnagar.” (Page 72)

“All these chapters on archaeology were written by

me and Dr. Jaya Menon.” (Page 73)

“Both Dr. Jaya Menon and myself are archaeologist

by specialization. Dr. Jaya Menon and I are equally

competent.” (Page 74)

(Note: Shereen Ratnagar is PW-27)

3986. Normally, it does not happen but we are surprised to

see in the zeal of helping their clients or the parties in whose

favour they were appearing, these witnesses went ahead than

what was not even the case of the party concerned and wrote

totally a new story. Evidence in support of a fact which has

never been pleaded and was not the case of the party concerned

is impermissible in law. Suffice it to mention at this stage that

even this stand of these experts make it clear that the disputed

structure stood over a piece of land which had a structure earlier

and that was of religious nature. Minor mistakes and

irregularities in ASI report, if any, do not shake the basic finding

that the disputed structure claimed was not raised on a virgin

land or unoccupied land but there existed a structure using some

part thereof either in the form of foundation or using the

material thereof, the disputed structure was created. Whether

lime molter or lime plaster from a particular period or not,

whether glazed ware were Islamic or available in Hindustan

earlier are all subsidiary questions when this much at least came

to be admitted by the experts of the objectionists parties i.e. the

4299

plaintiffs (Suit-4) that there existed a structure, walls etc. used as

foundation walls in construction of the building in dispute and

underneath at least four floors at different levels were found

with lots of several other structures.

3987. In these circumstances, now it would be appropriate

to refer to the finding of ASI in Chapter 10 under the heading

"Summary of Results":

"Excavation at the disputed site of Rama

Janmabhumi - Babri Masjid was carried out by the

Archaeological Survey of India from 12 March 2003 to 7

August 2003. During this period, as per the directions of

the Hon'ble High Court, Lucknow, 82 trenches were

excavated to verify the anomalies mentioned in the report

of the Ground Penetrating Radar Survey which was

conducted at the site prior to taking up the excavations. A

total number of 82 trenches along with some of their baulks

were checked for anomalies and anomaly alignments. The

anomalies were confirmed in the trenches in the form of

pillar bases, structures, floors and foundation though no

such remains were noticed in some of them at the stipulated

depths and spots. Besides the 82 trenches, a few more

making a total of 90 finally were also excavated keeping in

view the objective fixed by the Hon'ble High Court to

confirm the structures.

The results of the excavation are summarized as here

under:

The northern Black Polished Ware (NBPW) using

people were the first to occupy the disputed site at

Ayodhya. During the first millennium B.C. although no

4300

structural activities were encountered in the limited area

probed, the material culture is represented by terracotta

figurines of female deities showing archaic features, beads

of terracotta and glass, wheels and fragments of votive

tanks etc. The ceramic industry has the collection of

NBPW, the main diagnostic trait of the period besides the

grey, black slipped and red wares. A round signet with

legend in Asokan Brahmi is another important find of this

level. On the basis of material equipment and 14 C dates,

this period may be assigned to circa 1000 B.C. to 300 B.C.

The Sunga horizon (second-first century B.C.) comes

next in the order of the cultural occupation at the site. The

typical terracotta mother goddess, human and animal

figurines, beads, hairpin, engraver etc. represent the

cultural matrix of this level. The pottery collection includes

black slipped, red and grey wares etc. The stone and brick

structure found from this level mark the beginning of the

structural activity at the site.

The Kushan period (first to third century A.D.)

followed the Sunga occupation. Terracotta human and

animal figurines, fragments of votive tanks, beads,

antimony rod, hair pin, bangle fragments and ceramic

industry comprising red ware represent the typical Kushan

occupation at the site. Another important feature of this

period is the creation of large sized structures as witnesses

by the massive structure running into twenty-two courses.

The advent of Guptas (fourth to sixth century A.D.)

did not bring any qualitative change in building activity

although the period is known for its Classical artistic

4301

elements. However, this aspect is represented by the typical

terracotta figurines and a copper coin with the legend Sri

Chandra (Gupta) and illustrative potsherds.

During the Post-Gupta-Rajput period (seventh to

tenth century A.D.), too the site has witnessed structural

activity mainly constructed of burnt bricks. However,

among the exposed structures, there stands a circular brick

shrine which speaks of its functional utility for the first

time. To recapitulate quickly, exteriorly on plan, it is

circular whereas internally squarish with an entrance from

the east. Though the structure is damaged, the northern

wall still retains a provision for pranala, i.e., waterchute

which is a distinct feature of contemporary temples already

known from the Ganga-Yamuna plain.

Subsequently, during the early medieval period

(eleventh - twelfth century A.D.) a huge structure, nearly 50

m in north-south orientation was constructed which seems

to have been short lived, as only four of the fifty pillar

bases exposed during the excavation belong to this level

with a brick crush floor. On the remains of the above

structure was constructed a massive structure with at least

three structural phases and three successive floors attached

with it. The architectural members of the earlier short lived

massive structure with stencil cut foliage pattern. And other

decorative motifs were reused in the construction of the

monumental structure having a huge pillared hall (or two

halls) which is different from residential structures,

providing sufficient evidence of a construction of public

usage which remained under existence for a long time

4302

during the period VII (Medieval-Sultanate level - twelfth to

sixteenth century A.D.) It was over the top of this

construction during the early sixteenth century, the

disputed structure was constructed directly resting over it.

There is sufficient proof of existence of a massive and

monumental structure having a minimum dimension of

50x30 m in north-south and east-west directions

respectively just below the disputed structure. In course of

present excavations nearly 50 pillar bases with brick bat

foundation, below calcrete blocks topped by sandstone

blocks were found. The pillar bases exposed during the

present excavation in northern and southern areas also

give an idea of the length of the massive wall of the earlier

construction with which they are associated and which

might have been originally around 60 m (of which the 50 m

length is available at present). The centre of the central

chamber of the disputed structure falls just over the central

point of the length of the massive wall of the preceding

period which could not be excavated due to presence of

Ram Lala at the spot in the make-shift structure. This area

is roughly 15x15 m on the raised platform. Towards east of

this central point a circular depression with projection on

the west, cut into the large sized brick pavement, signify the

place where some important object was placed. Terracotta

lamps from the various trenches and found in a group in

the levels of Periods VII in trench G2 are associated with

the structural phase.

In the last phase of the period VII glazed ware sherds

make their appearance and continue in the succeeding

4303

levels of the next periods where they are accompanied by

glazed tiles which were probably used in the original

construction of the disputed structure. Similarly is the case

of celadon and porcelain sherds recovered in a very less

quantity they come from the secondary context. Animal

bones have been recovered from various levels of different

periods, but skeletal remains noticed in the trenches in

northern and southern areas belong to the Period IX as the

grave pits have been found cut into the deposition coeval

with the late disputed structures and are sealed by the top

deposit.

It is worthwhile to observe that the various structures

exposed right from the Sunga to Gupta period do not speak

either about their nature or functional utility as no

evidence has come to approbate them. Another noteworthy

feature is that it was only during and after Period IV

(Gupta level) onwards upto Period IX (late and post

Mughal level) that the regular habitational deposits

disappear in the concerned levels and the structural phases

are associated with either structural debris or filling

material taken out from the adjoining area to the level the

ground for construction purpose. As a result of which much

of the earlier material in the form of pottery, terracottas

and other objects of preceding periods, particularly of

Period I (NBPW level) and Period III (Kushan level) are

found in the deposits of later periods mixed along with

their contemporary material. The area below the disputed

site thus, remained a place for public use for a long time

till the Period VIII (Mughal level) when the disputed

4304

structure was built which was confined to a limited area

and population settled around it as evidenced by the

increase in contemporary archaeological material

including pottery. The same is further attested by the

conspicuous absence of habitational structures such as

house-complexes, soakage pits, soakage jars, ring wells,

drains, wells, hearths, kilns or furnaces etc. from Period IV

(Gupta level) onwards and in particular from Period VI

(Early Medieval-Rajput level) and Period VII (Medieval-

Sultanate level).

The site has also proved to be significant for taking

back its antiquarian remains for the first time to the middle

of the thirteenth century B.C. (1250±130 B.C.) on the

analogy of the C14 dates. The lowest deposit above the

natural soil represents the NBPW period and therefore the

earliest remains may belong to the thirteenth century B.C.

which is confirmed by two more consistent C14 dates from

the NBPW level (Period I), viz. (910±100 B.C.) These dates

are from trench G7. Four more dates from the upper

deposit though showing presence of NPBW and associated

pottery are determined by Radio-Carbon dating as 780±80

B.C., 530±70 B.C. And 320±80 B.C.. In the light of the

above dates in association with the Northern Black

Polished Ware (NBPW) which is generally accepted to be

between circa 600 B.C. to 300 B.C. it can be pushed back

to circa 1000 B.C. and even if a solitary date, three

centuries earlier is not associated with NBPW, the human

activity at the site dates back to circa thirteenth century

B.C. on the basis of the scientific dating method providing

4305

the only archaeological evidence of such an early date of

the occupation of the site.

The Hon'ble High Court, in order to get sufficient

archaeological evidence on the issue involved "whether

there was any temple/structure which was demolished and

mosque was constructed on the disputed site "as stated on

page 1 and further on p.5 of their order dated 5 march

2003, had given directions to the Archaeological Survey of

India to excavate at the disputed site where the GPR

Survey has suggested evidence of anomalies which could

be structure, pillars, foundation walls, slab flooring etc.

which could be confirmed by excavation. Now, viewing in

totality and taking into account the archaeological

evidence of a massive structure just below the disputed

structure and evidence of continuity in structural phases

from the tenth century onwards upto the construction of the

disputed structure alongwith the yield of stone and

decorated bricks as well as mutilated sculpture of divine

couple and carved architectural members including foliage

patterns, amalaka, kapotapali doorjamb with semi-circular

pilaster, broken octagonal shaft of black schist pillar, lotus

motif, circular shrine having pranala (waterchute) in the

north, fifty pillar bases in association of the huge structure,

are indicative of remains which are distinctive features

found associated with the temples of north India."

3988. It is contented that the ASI report does not answer

the question framed by this Court, inasmuch as, neither it clearly

says whether there was any demolition of the earlier structure if

existed and whether that structure was a temple or not.

4306

3989. In our view, the conclusion drawn by the ASI in the

project accomplished within an extra-ordinary brief period and

with such an excellence precision and perfection deserve

commendation and appreciation instead of condemnation. It

normally happens when an expert body tender an opinion, the

party, who finds such opinion adverse to its interest, feels

otherwise and try to rid of such opinion by taking recourse to all

such measures as permissible but in the present case we hoped a

better response particularly when the expert body involved is a

pioneer and premier archaeological body of this country having

International repute. We are satisfied that the report of ASI not

only deserve to be accepted but it really help this Court in

forming its opinion on an important issue in this regard. All the

objections against ASI, therefore, are rejected.

3990. ASI, in our view, has rightly refrain from recording

a categorical finding whether there was any demolition or not

for the reason when a building is constructed over another and

that too hundreds of years back, it may sometimes difficult to

ascertain as to in what circumstances building was raised and

whether the earlier building collapsed on its own or due to

natural forces or for the reason attributable to some persons

interested for its damage. Sufficient indication has been given

by ASI that the building in dispute did not have its own

foundation but it was raised on the existing walls. If a building

would not have been existing before construction of the

subsequent building, the builder might not have been able to use

foundation of the erstwhile building without knowing its

strength and capacity of bearing the load of new structure. The

floor of the disputed building was just over the floor of earlier

4307

building. The existence of several pillar bases all show another

earlier existence of a sufficiently bigger structure, if not bigger

than the disputed structure then not lessor than that also.

3991. Learned counsel for the plaintiffs (Suit-5)

vehemently contended that the disputed structure (hereinafter

referred to as "DS") was raised after demolishing a Hindu

temple at the site in dispute, which was believed to be a

birthplace of Lord Rama in the light of the various evidence

collectively taken into consideration as under:

I. The existence of Hindu Temple at the site of DS is

indicated in Historical Sketch of Faizabad, 1870, by P.

Carnegy Commissioner/Settlement Officer Oudh (paper no

3 of Ramlala's Documents, Ext. OOS 5: 49) which

mentions 3 important Hindu Shrines 'at the time of

Mohammedan conquest', namely Janmasthan, Swargadwar

& Treta-ka-Thakur and that at Janmasthan Emperor Babar

built the Mosque (page 21). Mention of Janmasthan to be a

Shrine indicates pre-existence of a Hindu Temple at the site

of DS. Oudh Gazetteer of 1877 (Ext. OOS 5: 7), Millet's

Report of 1888 (Ext. OOS 5: 8), Archaeological Survey of

NWP and Oudh of 1889 (OOS 5: Paper 107C1/31-32),

Fuhrer's account of 1891 (Ext. OOS 5: 9) and Imperial

Gazetteer of 1901 (Ext. OOS 5:10), all mention pre-

existence of a Hindu Temple at the site of DA.

II. Further recovery of the large Stone-Slab, 115 cm X

55 cm (vide Report dated 3.2.2002 Ext. OOS 5-2, of OTW

10) containing a 20 line Inscription of a Vishnu-Hari

Temple. Recovery of the Stone-Slab was proved by OPW 8

Ashok Chatterji. Contents of this Inscription were proved

4308

by OPW 10 Dr. K.V.Ramesh, Director Epigraphy of Govt.

of India/Joint Director Archaeological Survey of India. The

Inscription describes construction of Vishnu-Hari Temple

by Anay Chand a Governor of King Govind Chand of

Gahadwal Dynasty and Dr. K.V.Ramesh proved that the

period of the inscription must be around 12th Century AD.

Govind Chand was the ruler of Gahadwal dynasty from

1110 to 1156 (vide Dr. Bishan Bahadur DW 13/1-3). The

recovery of this stone slab is reminiscent of recovery of

another stone slab from the ruins of a mosque erected by

Aurangzeb known as Treta-ka-Thakur Masjid at the site of

Treta-ka-Thakur Mandir in Ayodhya; the inscription on

that stone slab is dated Samvat 1241 (=1184 AD) of the

times of King Jai Chand of Kannauj and records praises

of Jai Chand for erecting a Vaishnav Temple (See paper

nos 6 and 7 – of 1889 & 1891 - of Ramlala's documents

Ext. OOS 5: 8 & 9). The significance is that the stone slab

affixed to Treta-ka-Thakur Mandir was used in the

structure of Masjid erected in place of the Mandir. It is

quite probable that Stone-Slab recovered from DS belonged

to Hari-Vishnu Temple that stood at the site of DS hence

was made use of in constructing DS; after all the builder

would have needed big stones – and this Stone-Slab, 115

cm X 55 cm could easily be one. Further, admittedly 14

Kasauti Pillars bearing carved figures of Hindu gods &

goddesses, standing/supporting portions of Babri Masjid

structure were seen by Faizabad Civil Court Commissioner,

Shiv Shanker Lal, on inspection in April 1950.

III. The findings of ASI Report must be appreciated in the

4309

light of a most important factual & legal angle of the

Parties' Case. This litigation commenced in 1950. From the

very beginning, it has been the case of Hindu Parties that

at the spot of Babri Masjid, there had existed a Temple and

that the Masjid was erected at the site of the Temple after

demolishing it, while it has been the case of Muslim Parties

that the site was a barren vacant piece of land which came

to be vested in Babar as Emperor/Sovereign who had

conquered the Delhi throne. ASI excavation revealed pre-

existence of 'massive structure' underneath DS. The Muslim

Parties did not amend their Pleadings to take any

alternative plea to meet the discovery of the massive

structure beneath DS; legally, they cannot be heard to say

that there had existed some Muslim religious structure at

the site in whose place Babri Masjid was erected.

IV. Without prejudice to detailed submissions on ASI

Report elsewhere, suffice it to mention here that the

Western Wall (W5) of DS stands directly over Western

Wall (W16) of the Temple without any layer of earth or

other strata between the two walls which should have

existed at the top if there was no structure on spot when

construction of Babri Masjid commenced. W5 standing

directly over W16, proves that Babri Masjid was erected

over and with full knowledge of pre-existence of a

structure. ASI found 50 pillar bases of pillars which could

support a roof (some of them inside the baulk between

trenches), a Subsidiary Shrine of Lord Shiva (in the

Southern portion of the disputed area), a number of walls

attached to Temple's old Wall (W16), several walls running

4310

East-West as well as North-South showing 'Massive

Structure' below DS, mutilated Uma-Maheshwara Divine

Couple stone sculpture (a typical feature of Iconoclastic

behaviour) and a number of 'finds' which would typically

belong to a Hindu Temple.

V. It was argued on behalf of Sunni Board that Wall 16

could be a Kanati Mosque or Eid-gah or some other

Muslim religious structure. This contention is not

acceptable for want of Pleading (indeed against their

Pleading); it also fails structurally and does not explain

several other walls found attached to Wall 16. The

existence of a 'Mandir Janmasthan Ram Chandra at

Birthpalce of Ram since ancient times with Idols of Ram

Chandra ji & others installed therein' is admitted in para

27 of joint WS dt. 2.12.1950 of 5 Muslim Defendants (D1 to

D5) in OOS 1 of 1989 (filed by Gopal Singh Visharad). The

said Defendants had vaguely pleaded that that Temple

'existed in Ayodhya' – the exact spot was not specified.

Plaintiff Gopal Singh Visharad explained in para 27 of his

Replication that that Temple was situated within

boundaries described by him which sets its location to be

close towards North of East-West Rasta which runs

abutting on the North side of disputed area. This situation

is admitted by Sunni Board in para 32 of their written

statement dated 24.2'89 to Visharad's suit (see para 5

above). The significance of this set of pleadings is that as

early as 1950, Muslims had admitted existence of a

(i)Temple of Ram Chandra (ii) at birthplace of Ram (iii)

since ancient times. It cannot be argued that the 'admission'

4311

by the 5 Muslim Defendants must be accepted or rejected

'as a whole', because the pleading is designedly half-truth

and it is open to Court to 'separate the grain from the

chaff'. The existence of such a temple does not find mention

in the earliest independent account of the locality by

Tieffenthaler in 1786 although other tell-tale details were

recorded as indicated in para 17 above; it would have

found mention if it was reputed as a Janmasthan temple.

The important aspect of these Pleadings must be

appreciated. Besides the above admissions in para 27 of

joint WS of the 5 Muslim Defendants, an oral pleading was

made by their Lawyer under Order X CPC that Babar

erected Babri Masjid on entirely barren/open land over or

under which there never existed any structure of any sort.

Two of these Defendants are also Co-Plaintiffs in Sunni

Board's Plaint filed 10 years later; consequently the

admissions made by the Muslim Defendants in OOS 1 of

1989 (written or oral) are legally binding upon Sunni

Board in OOS 4 of 1989, and they cannot take a case of

Kanati Masjid, Eid-gah or other Muslim religious structure

underneath DS.

VI Certain nomenclatures which have figured from time

to time could call for elucidation. 'Masjid Janmasthan',

prima-facie indicates a Masjid which exists at Janmasthan,

otherwise it could have been named as 'Masjid Ramkot'.

'Chabutra Janmasthan', which Tieffenthaler mentioned to

be indicative of place of birth of Ram and his 3 brothers

cannot signify exactly the spot where the 4 brothers could

have been born. Dashrath had 3 queens each of whom had

4312

her own palace. Carnegy's account (1870) mentions that

Ramkot, the Fort had 8 royal mansions where dwelt

Dashrath and his wives. Obviously, the Chabutra alone

could not be the place where Dashrath, his 3 wives could

live and give birth to 4 children. That is why Mahant

Raghubar Das mentioned in his plaint (1885) that in

Ayodhya there was Bhumi Janmasthan containing

Chabutra Janmasthan, that he was Mahant of Bhumi

Janmasthan and was in possession of Chabutra

Janmasthan with a small Temple on it. 'Bhumi

Janmasthan' could be the entire Palace situated at Ramkot

including the site of DS while for reasons of caution and

wisdom, 'Chabutra Janmasthan' could be called as

birthplace of Ram. In any case, the entire area within the

parameter of Parikrama was treated by the devotees as

hallowed by divinity, hence worshipped as Bhumi

Janmasthan, viz., the disputed area. Indeed, both the

Courts in Mahant Raghubar Das' case were persuaded to

reject the prayer for erecting a Temple on Chabutra

Janmasthan because a Temple could not be allowed to exist

in immediate vicinity of Masjid otherwise it could lead to

perpetual bloodshed. That is why Hindu devotees/Mahant

etc content themselves with calling the Chabutra as

Janmasthan while continuing to extend their possession in

the Campus and perform worship also inside DS.

VII The Archeological Survey of India on the basis of

excavation conducted under the orders of the court within

the stipulated period in presence of the parties and judge

observers submitted its report in accordance with the

4313

settled norms confirming existence of Hindu religious

structures underneath of the disputed structures and

existence of divine couple in addition to various finds

relating to temple including broken pieces of divine couple.

It also found structural activities during post Gupta Rajput

period from 7th to 10th Century A.D. as well as construction

of massive structure and walls during 10th to 12th Century.

Some of the walls were seen extending beyond the area

excavated by ASI. In addition to existence of 50 pillar

bases out of which 4 associated with the earlier structure

belonging to Period IV of 11th and 12th Century A. D. were

also reported. The Archeological Survey of India expressed

its views that on the basis of excavation conducted on spot

and finds of excavation proves existence of massive

structure with 3 structural phases and 3 successive floors

attached to them is proved. The pillar bases with brick bat

foundation below calcrete block also establish the

existence of load bearing pillar at the disputed site. It is

pertinent to mention here that according to basic principle

of civil engineering, the load is distributed on brackets put

over the top of the pillar. The disputed structure had no

foundation of its own which was constructed on and pre

existing structure/ wall i.e. wall no. 16 ( 12th Century A.

D. ) which too rests over wall No. 17 ( 11th to 12th Century

A. D. ). During excavation by the Archeological Survey of

India no feature of habitational activity was found right

from Gupta period to early Rajput period. The

periodization was done on the basis of archaeological

principles which was also confirmed by scientific

4314

investigation like carbon dating of various sites. The kind

of excavation is indicative of remains of North Indian

Temples.

VIII The contention of plaintiffs that use of lime motors

was started by Muslim Emperors is baseless. It is well

established that Choona Surkhi (lime mortars were used by

the builder of the disputed structure right from 600 B. C.

The excavations at Kausambi Mathura, Karwan (Gujarat)

Bhitri (Ghajipur) Nalanda Taxila Ganwaria etc. proves

that Choona and Surkhi with lime plaster where commonly

used. R.S. Sharma in his book "Perspectives in Social and

Economic History of Early India" has expressed similar

opinion. Prof. Sharma in his book referring about use of

Choona Surkhi at page 181 mentions as under:-

IX "No background study of trends in the economic

history of Mathura can be complete without some idea of

the technological factors operating in this Period. There is

little doubt that unbanism reached its climax in northern

and western India in this period. Several factors

contributed to it. One such factor was the change in

building methods. At Mathura and Ganwaria in Basti

district in north-eastern Uttar Pradesh the flooring was

made of brick concrete mixed with lime. This indicates the

use of Surkhi which contributed to the stability of

structures. Further, baked, tiles for roofing appear in the

period at several places in both the Satavahana and

Kusana zones including Mathura. These innovations added

to the solidity and longevity of urban structures in the early

centuries of the Christian era."

4315

X. Dr. H.C. Bhardwaj – Ex-Professor of History of

Technology of B.H.U., in his article titled "Town planning,

building and building materials" also expressed similar

view and while referring to mortars and plaster expressed

his opinion that the earliest use of lime and gypsum comes

from Indus civilization.

XI. Lime mortars have been used at Kausambi from 600

B.C. to A.D. 100. But it may be emphasized that by and

large only mud mortar and plaster were used. The results

of the chemical analysis (Table 2 and 3) show that the

content of sand in the mortar was slightly higher than that

in plasters. The average ratio of sand : lime Ca(OH)2 is

about 1:1, whereas in the case of mortars the average is

2:1. For mortars, probably 2 parts of sand were mixed with

one part of slaked lime.

XII. Lime Plaster from Karwan (Dt. Vadodara, Gujrat)

from pre-Gupta levels : From the analysis (Table 4) it is

clear that two types of plaster was used. Samples 1 to 4

represent the upper coat of the plaster and 5 to 8 represent

lower rough plaster. The former has higher content of lime

as compared to the latter. Fine layer was laid and

burnished to make it smooth and elegant.

XIII Lime plaster from Bhitari (Dt. Gazipur, U.P.)

(Gupta Period) : shows low grade lime plaster (Table 5)

was used at the brick temple of Gupta period. It has sand

and lime ratio of 6:1. The red colour of the plaster/mortar

is due to the use of ferruginous kankar for preparation of

lime.

XIV. Lime plaster from excavations at Nalanda (7th-10th

4316

century A.D.) (Table 6) shows 3 parts of lime (calcium

carbonate) and 2 parts of sand. Some of the monasteries

are thickly plastered. Jars with dried up mortar and a cell

used as a cistern in monastery No. 11 are indicative of the

preparation of concrete.

XV. Lime plaster from Lingaraj temple at

Bhubhaneshwar (Orissa-10th century A.D.) (Table 7) shows

that lime : silica ratio was 3:1.

XVI At Arikamedu lime mortar is reported from historical

period. Use of lime is also attested from Hullas Khera (Dt.

Lucknow) from Kusan-Gupta levels and from Banagrah

(Dt. Dinajpur) where use of time and Surkhi is known from

Gupta and Pala Levels. At Purana Quila lime plastered

gutter connected with house drains is reported from levels

datable to 8th – 9th century A.D.

XVII. In addition to above excavations at Arikmedu

in Pandicherry proves use of like model from early

historical period of 1st Century A.D. Use of lime is also

proved from excavations at Hulaskhera District Lucknow

from Kushan Gupta levels.

XVIII. It is thus fully established that lime mortar,

lime plaster, Surkhi choona were in use in India

continuously much before the arrival of Muslims in India.

It is well established that lime and surkhi was used prior to

1st century B.C. and was in continuous use as such the

objection of Sunni Central Waqf Board and others Muslim

parties to the effect that lime surkhi made appearance from

Islamic period is without any basis and mearly an

objection for the shake of objection only.

4317

XIX. Moreover, on the contrary, there is not a single

evidence to prove it otherwise. The objectors have used

phrases 'Muslim construction' several times. What is a

'muslim construction'? Islamic architecture or Indo-Islamic

architecture are better generic terms. Then the objector

says "muslim built domed circular buildings" as an

alternative explanation, but it gets self-negated by their

own arguments in the next para of their objections.

XX. The report of ASI was challenged by the plaintiffs on

the grounds that of the other architectural fragments,

majority of these come from the dump or fill and were in

many cases part of the Babari Masjid (Disputed Structure)

walls; only 40 came from stratified contexts. None of which

were specific to a temple and are of no significance. It is

also stated that the Srivatsa is of Jainism, and Lotus design

could be Buddhist but not of Islamic architecture. In this

connection it may be mentioned that in early period of

Islamic invasion and rule in India several mosques and

other religious constructions were raised, in very short

period, by the rulers, ruling elites directly or by their

orders after destroying existing Hindu temples and other

structures. The dressed construction material which

recovered from the destruction of temples was freely

utilized by the Muslim builders. In such a situation the

architecture that resulted by using Indian motifs and

decorations in mosques or tombs was termed Indo-Islamic,

which evidently not by the choice of the ruler rather

perforce of the existing situation. It was more a case of

architectural conversion of Hindu temples into Islamic

4318

mosques and tombs. The purpose of the construction after

destruction was simple-to establish the suzerainty of Islam

and terror among the native Indians. This fact was at times

boldly advertised too. At Quwwat-ul-Islam mosque near

Qutab Minar in Delhi where the inscription very clearly

proclaim so Ardhai-din-ka-Jhopara is another example.

XXI. So far as Srivatsa is concerned, primarily it is a

Vaishnava symbol, representing Laksmi, Consort of Vishnu.

Lotus is also, primarily Vaishnava symbol.( Reference may

be made by the Dictionary of Iconography)

XXII.The objection of the plaintiffs that the octagonal

stone block having so-called floral motif has been

compared with the used in Dharmachakrajina Vihar at

Sarnath. There is not the least similarity between the two.

Sarnath is rectangular while Ayodhya one is octagonal on

plan. The Sarnath specimen depict motif in slightly low

relief while on Ayodhya one it is ni very bold relief.

XXIII. There is similarity of decoration and purpose

and functional use of the pillar or bases, they are not the

exact replicas. The depth of the carved motif is no criteria

for dissimilarity. It is after all hand made and that too by

possibly different men. The suggested similarity is only for

the aforesaid points and in them there is sufficient

similarity and enough basis to arrive at a tentative date for

the two.

XXIV. The objection of the plaintiffs that Nagari

inscription is not to be dated with any certitude to the 11th

century; its time range could be 7th-12th centuries. The

Arabic inscription can be dated to 13th century with as

4319

much reason as to the 16th century. The decipherment is

hasty; it is Siddhmatrika script and should be dated to 7th-

12th century. A.S.I. should have itself about the Pala suffix

which suggests a possible reference to one of the Pala

rulers of Bengal and Bihar.

XXV. In this connection it may be submitted that the

date of 11th century has been reached after comparing the

letters and is well researched and not arbitrary as the off-

hand conclusion of the Objector. It is an unfounded

possibility raised against a well-researched academic

conclusion. Baseless arguments.

XXVI. The Pala suffix to names was not used only by

the rulers of Bengal and Bihar. Rajput rulers also used this

suffix. Dating of the inscriptions is fine. There is no

necessity to draw inferences about some ruler mentioned

from the five letter extant broken inscription which not even

shows all letters of equal size which should have been there

had it been some royal inscription.

XXVII. The objection of the plaintiff regarding

successive structural activities is baseless. It may be

submitted that there is some difference in the "first" and

"successive" structural activities. The structural activity

noticed in the early part of the Sunga level does not have

any evidence continued in the succeeding phase of the

Sunga level itself. It is definitely the first activity witnessed

and exposed by the excavation.

XXVIII. Where as in the Kushan level the structures

that are build continue in the succeeding phases and

periods without any appreciable break. Learned counsels

4320

are expected to appreciate the difference between the two

statements.

XXIX. In the Tentative Periodization and Schematic

Cross Section the trenches included do not belong to

southern area nor there is any reference to the southern

trenches. The Schematic Cross Section is west to east. It is

gross misrepresentation of the facts to mislead the Court.

The conclusion regarding the gradual building of partition

wall and the enclosure wall is based on hard

archaeological facts.

XXX. Most of the burial were found in the northern

side out side the enclosure wall and were sealed by layer

one, while on the south side the pit line of the one burial

excavated was open to surface which also lies outside the

enclosed area.

XXXI. The objection of the plaintiff that ASI has

distorted evidence to suit its temple theory is shown by its

treatment of mihrab (arched recess) and taq (niche) found

in the western wall, which it turns into features of its

imagined temple. The objection of the plaintiff is nearly for

the shake of the objection to criticize the report only.

During excavation recessed niches where found which have

been detailed on page 68 of the report. The report

described as under:-

XXXII. "At an interval of 4.60 m in the inner side of

the wall 16 in its first phase of construction two recessed

niches were found 0.20 m deep and 1.0 m wide along the

face of the wall and 0.78 m wide at its deeper side with

0.02 m thick lime plaster in trenches E6 and E7. The niche

4321

in E6 was exposed while the niche in E7 was found

attached with the E7-E8 baulk. A similar niche was found

in ZE2 in the northern area with same dimensions (Pl. 49).

All of these three niches were closed during the second

phase of construction when the floor level was raised and

wall was raised above the ten original courses."

XXXIII. It is merely the physical description of the three

"recessed niches" devoid of any suggestions or

relationship, even tentative. Even the "Summary of Results"

does not speak about the alleged distortions; there is no

turning of these 'recessed niches' into 'features of (its)

imagined temple'. However it may be noticed that temples

do have niches both inside and outside its walls where

subsidiary idols or images are placed.

XXXIV. So far plaintiff objection regarding mihrabs or

Taq are concerned it must be noted that ASI did not used

any of these expression rather simply mentioned “ recessed

niches”. Plaintiffs have……….. that expression to mean

mihrab or taq. No such evidence was found during

excavation as could have indicated that these three niches

in wall No. 16 had any are indeed all these nitches where

closed during the operation of raising the floor level above

to original brick courses have scraped attention of ASI

when the closer of operation was notice.

XXXV. No "Taq" has been found during the

excavation. Professor R. Nath, Retired Professor & Head

of the Department of History and Indian Culture,

University of Rajasthan, Jaipur, referring to the niche

found in excavation at Ayodhya expressed his opinion

4322

which was published in History Today (An archeological

general) part 4 of 2003. According to him the lower part of

a recessed niche has been discovered in the recent

excavations at Ayodhya (The ASI report 2002-2003 ,

submitted to the High Court Allahabad, Plate -49: "A

Niche in the north-south oriented brick walls" TR-ZE2)

(Plate-1 herewith). It is built of brick masonry which was

plastered over. Its plan is rectangular with a single recess

(offset) making a Karnika (corner) in it. Its floor is also of

brick and it is there courses (of brick masonry) higher than

the floor-level of the room on which it opens, and of which

it is a part.

XXXVI. According to objections wall No. 16 belongs to

a pre Mughal open Kanti Mosque or Idgah. Fundamentally

this claim must be thrown out of consideration because

none of the Plaintiffs or objectors even pleaded that

disputed structure was even erected over a pre-existing

Kanti Mosque or Idgah. They did not even argued their

pleading after ASI examination. A Kanti ( so called )

because it has a kanat i.e. a curtain. Mosque or Idgah has

no nitches. It is a straight plain wall.. In India, such an

open "curtain" mosque which does not have a "Liwan"

(prayer-hall) or any other paraphernalia attached to it,

and is just a wall, has 5 or 7 or 11 arches, as a rule and a

single arch cannot make-up a "Qanati" mosque.

Technically, it is an arcade and such arcade- walls were

build in Idgahs and graveyards for facilitating "Fatiha"

prayer, during the whole medieval period (1192-1803

A.D.). A single arch, even if it was there, cannot be branded

4323

a "Qanati" mosque or "Idgah" and his claim shows that he

is not, at all, conversant with the subject.

XXXVII. Equally important is the fact. Secondly, that a

"qiblah-mihrab" (an arch in the centre of the western wall

of a tomb or mosque, denoting the direction of the Ka'bah)

is an arch, roofed by a half-cup shaped vault, both of which

have tremendous lateral thrust. Hence, stone nook-shafts

are invariably used on the corners of such a mihrab, as are

there in the mosques of Jaunpur and Delhi (of the Sultanate

period, 1192-1526 A.D.), for example, without any

exception. But lithic nook-shafts are not there on the

corners of this niche. It is architecturally inconceivable to

build an arch, roofed by a vault, in a brick masonry without

stone nook-shafts, and if stone nook-shafts are not there to

take the load, and counter the lateral thrust of the arch and

vault, there cannot be a mihrab. Structurally therefore,

there was no arch or vault, and it was just a single,

rectangular niche – which is what the ASI Report says.

XXXVIII. It has also to be noticed, thirdly, that the floor-

level of this niche is three courses higher than the floor-

level of the room on which it opens. This is possible only

when it was made as a niche or "alaya" for placing an

image, or for a similar other purpose. The mihrab and the

Liwan (sanctuary or prayer-hall of a mosque) are always

and without any exception, built on the same floor-level,

and there is not a single example where a mihrab is built

on a higher level as a niche for keeping things. Hence this

cannot be identified as a mihrab in any case.

XXXIX. A perusal of the objection filed by the SCBW

4324

makes it clear that the objection has been filed on baseless

and concocted facts and no material evidence has been

produced by the opposite parties in support thereof. The

SCBW in support of its objection has examined as much as

seven witnesses out of which six witnesses namely Prof.

Suraj Bhan (PW-16), Prof. Dhaneshwar Mandal (PW-24),

Dr Jaya Menon (PW-29), Dr R.C. Thakran (PW-30), Dr

Ashok Dutta (PW-31), Dr Supriya Verma (PW-32) are said

to be experts of excavation. But a scrutiny of the cross

examination of these witnesses makes it clear that except

Prof. Suraj Bhan none of them has any experience of field

archaeology. Prof. Suraj Bhan, who has conducted some

excavations as mentioned by him in his affidavit, made it

clear during cross examination that the reports of the

alleged excavation have not been published so far.

XL. The plaintiffs of O.O.S. No. 5 of 1989 have examined

Dr. R. Nagaswamy, a renowned archaeologist and expert of

temple architecture who is a retired director of ASI and had

appeared as an expert archaeologist for and on behalf of

Government of India in a case pending before London

courts. The highest court of London recognised him as an

expert archaeologist and based its judgment on his

evidence. Dr. R. Nagaswamy has supported the report of

ASI and proved the same to be correct and trustworthy.

XLI. In addition to him Dr R.D. Trivedi who was also

director in ASI and is an expert of temple architecture of

North India has also been examined by the plaintiffs of

O.O.S. No. 5 of 89 who on the basis of discoveries made

during excavation by ASI has proved the existence of a

4325

Nagar style Hindu temple then prevalent in Northern India.

EW. Shri A.K. Sharma has also been examined by the

plaintiffs of O.O.S. No. 5 of 89 who is undisputedly a field

archaeologist and has carried on various excavations and

is still carrying on excavation work and the reports of his

excavation have been published in various journals.

XLII.Dr Rakesh Tiwari, director, U.P. State Archaeology,

has been examined by the plaintiffs in support of their case.

It may be mentioned here that at the time of leveling near

the disputed site in June 1992, plenty of artifacts relating to

Hindu temple were found near the disputed site. Dr Rakesh

Tiwari in his official capacity as director has prepared a

list of 263 artifacts relating to Hindu temple and has

proved before the court that the artifacts found at the time

of leveling prove existence of a big Hindu religious

structure at the site. A perusal of the list prepared and filed

in the court proves the same to be temple artifact. In

addition to the above, inscriptions written in Nagari script,

images of Ganesh, Lakshmi, Sadanand and Vrishabh, etc.,

further prove existence of Hindu temple on spot.

XLIII. It is pertinent to mention that the leveling work

was conducted under the control and supervision of Govt.

of U.P. under strict security through Government agency

and the listing of artifacts found on spot and their

preservation was done by the State archaeological

department. The artifacts so found on the spot were

tendered as evidence and are still in the custody of courts.

During excavation also plenty of artifacts relating to

temple structure were found as reported by ASI in its report

4326

duly confirmed by all the witnesses including the ones

examined by the SCBW.

XLIV. The Report of the Archaeological Survey of

India also makes it clear that there existed temple like

structure underneath the disputed structure as well as

evidences of demolition of pre-existing Hindu temple are at

the disputed site. It will not be out of place to mention here

that before demolition of disputed shrine the artifacts

recovered at the time of leveling by the Government agency

also establish existence of a huge temple/religious structure

in the periphery of the disputed area. The existence of

temple before the construction of the disputed structure is

established during excavation particularly wall No. 16 and

17 which are undisputedly prior to the construction of the

disputed structure. The shape, size, length and continuity of

the wall on western side in south north orientation coupled

with pillar bases intervening floor 2 and 3 and also of the

pillar bases of the northern side are admitted by the

plaintiff.

3992. Sri Pandey summarized his argument on this aspect

submitting that the following facts established pre-existence of

Hindu temple before construction of the disputed structure at the

site in dispute.

I. The disputed structure had no foundation of its own

(Refer Wall No.5, 16 and 17). Admittedly the wall No.5 was

raised on wall No. 16 which is much prior to the disputed

structure, i.e., relating to old temple structure. It is also

apparent and established that wall No. 16 which is resting

on wall No. 17 belong to pre-existing structure and are

4327

about. ............. wide whereas wall No.5 is

about .................... wide, much lesser than the wall No. 16

and 17.Wall No.5 is not in continuation of wall No. 16 and

is lying over the wall No. 16. Wall no. 16 and 17 are much

longer than wall No.5. The existence of wall No. 16 is

much more than 50 metres because the ending point of the

wall was not discovered during excavation.

II. The in-situ existence of Makar Pranal in wall No. 5

proves that the temple materials were re-used for

construction of disputed structure. It is noteworthy that

existence of Makar Pranal has all along been admitted by

the plaintiff and their witnesses.

III. Scientific analysis of the plasters used in the wall of

preexisting structure, observations and examination of wall

No. 1-15 proves that materials used in wall No. 16, 17

onwards are much superior to the walls of the disputed

structure, i.e. 1-15 wherein brick bats, and re-used

material have been used.

IV. The construction of wall Nos. 1-15, i.e., its structure

and texture, material used, etc., proves that the walls of the

disputed structure were constructed hurriedly by re-using

material of the earlier structure even without any

foundation as is evident from the use of brickbats and

broken bricks used in the wall which prima facie

establishes demolition of pre-existing temple.

V. Existence of pillar bases on all the floor without

pillar found during excavation including pillar bases found

in the section of the trench further proves that the disputed

structure was constructed after demolishing the temple

4328

including pillars and after general levelling of the disputed

structure was constructed.

VI. The existence of pillar bases in the northern side

admitted by the Plaintiff as pillar bases beyond the

disputed site with foundation further proves existence of

huge pre-existing religious structure extending to much

more area in northern side. It is pertinent to mention that

bases of the pillars were not removed whereas pillar bases

found in the southern and eastern side of the makeshift

structure shows existence of similar foundation of pillar

bases with removal of bases.

VII. Pillar bases have been found below the floor level of

the structure. The pillar bases No. 29, 32, 34, 35 further

prove demolition of the pre-existing temple structure as is

evident from perusal of the report at page No. 52 and

plates 30 and 45 of the Archaeological Survey of India

Report Vol. II. Figure 3 B of ASI Report Vol. I shows nine

pillar bases have been exposed below the wall and floor of

the disputed structure numbered as pillar base Nos. 22, 23,

25, 28, 29, 31, 32, 34 and 35. The existence of these pillar

bases below the disputed structure particularly in

courtyard establishes existence of temple before

construction of the disputed structure.

VIII. 20 line inscription recovered from the wall of the

disputed structure at the time of its demolition also proves

existence of temple in 12th century AD, i.e., prior to

construction of the disputed structure.

IX. Recovery of 20 line inscription on 06.12.1992 from

the debris of the disputed structure proves that the same

4329

was reused in the construction of the disputed structure.

X. Circular shrine which dates back to 4th-6th century

admitted by the plaintiff proves existence of huge temple

like structure on spot much before the construction of the

disputed structure.

XI. The 11th century inscription found from the debris of

trench No. J-3 at a depth of 5.75 metres below the floor

level of the disputed structure indicates existence of temple

below the disputed structure as reported by ASI in its report

Vol. 1 at page 204, 205 and Fig. 22 as well as Pl. 137 of

the report Vol. II. It is noteworthy to mention that such

decorated inscriptions are always found in temple/Hindu

religious structures and are never found in the residential

buildings. A perusal of the behaviour of debris as shown in

Fig. 22 marked as layer No.5 and 6 of trench No. J-3 also

indicates that the same was created due to demolition of

the temple. The lower level of the layer as shown in Fig. 22

establishes that the boulders obviously came from the

demolished temple in accordance with a theory of

gravitation.

XII. Archaeological finds like Kopot Palli, Amalak

decorated bricks, decorated stone slabs in wall No.5 and

17, Srivatsha, earthern lamp below the floor of the disputed

structure, Garuda Dhwaj (the pit made for erecting the

Garuda Dhwaj in front of the Garbhagriha - a salient

feature of northern Indian temples) shown in Pl. No. 59,

60, 63 and pit of Garuda Dhwaj in front of sanctum

sanctorum

4330

further confirms the pre-existence of temple on the disputed

site.

XIII. A perusal of artifacts found during excavation as

shown in Plate nos. 5, 22, 23, 24, 25, 26, 29, 30, 36, 50, 51,

52, 53, 54, 55, 62, 64, 65, 66, 67, 81, 82, 83, 87, 88, 89, 90,

93, 95 prima facie establishes pre-existing temple/temple-

like structure.

XIV. Under any circumstances above referred artifacts

may neither form part of Islamic structure nor could be

used in non-religious structure. Existence of divine couple

as shown in plate No. 235 and the circular shrine

undisputedly proves existence of temple on spot.

XV. At the site in question (Rama Janma Bhumi/Baburi

Masjid) right from the virgin soil, beginning with the

circular Shiva Shrine up to the working floor of the

disputed structure only religious structural remains

associated with antiquities of religious nature have been

found. The continuous nature of 10.80 meter thick deposit

accounts for nine cultural periods beginning from N.B.P.

level of 6th Century B.C. to 15th Century A.D. and clearly

indicate that the site was never abandoned and was never

used for habitational purpose. At the site four working

floors have been exposed. From Floor # 3, there is a radio

carbon date 910 ± 70 A.D. (calibrated 900 – 1030 A.D.).

This well-scientifically dated floor is below the Floor # 2

with which 50 pillar bases are associated. Over Floor # 2

is Floor # 1, i.e., the floor of the mosque. Floor # 2 with

which 50 pillars bases of Mandapa are associated is

evidently the floor of the temple which was demolished.

4331

Typical habitational deposits such as soakage pits, ring

wells, drainage system, etc., of Indo-Gangetic plain were

never found (A. Ghosh – Encyclopaedia of Archaeology,

Pages 134-135). When one temple fell into disuse either

due to natural calamity or natural decay, immediately new

religious structure was raised.

XVI. The act of continuous raising of structures only

of religious nature at the site clearly indicates that the

people had memory of a happening of very important

nature in the distant past at the site. At the site there is no

stratigraphical gap or any hiatus.

XVII. While demolishing the standing temple in 1528

A.D., Mir Baqi was well-aware of the sacred and religious

importance of the site and he thought it proper to raise only

a religious structure, i.e., a mosque, right over the

demolished temple and did not leave it for people to occupy

for habitational purpose.

XVIII. The evidence of existence of a temple in 1528

A.D. is clear from the plan of the structural remains which

show Garbha Grih (where presently Ram Lala is located),

Ardha-Mandapa and wide Mandapa along with Pushkarini

on the North-East corner, very wide walls and even

damaged structural parts of earlier temples and religious

members of the last temple used in the walls of the mosque.

This use of members of religious nature in their

construction could be done only by persons of other faith.

3993. Sri Pandey also sought to summarize his arguments

on the question of demolition as under:

I. The Mosque was built right over the walls of the

4332

demolished earlier structure, i.e., temple after levelling

them. No independent foundations were laid for the

mosque.

II. In a hurry to raise the mosque, self-same material,

i.e., bricks and stones of the demolished structure were

used which is evident from the fragmentary nature of

bricks. No full bricks have been found in the walls of the

mosque. Secondly, the size and texture of the bricks

(wherever length and width are available separately) tally

with the size of bricks used in the demolished temple.

Normally, structures of different periods have bricks of

different sizes and texture. In Wall No. 15 of the mosque,

many members of the temple like Makar Pranal, etc., have

been used.

III. As right over the working floor of the demolished

temple, the floor of the mosque has been laid, it shows

continuous action of demolition and construction. There

was no marked evidence of time gap, i.e., both the works

were done by the same agency.

IV. In some rudimentary pillars of floor 2, signs of

demolition are visible. In spite of cleaning the demolished

structural remains, broken pieces of bricks, stones and

other structural members were found scattered.

3994. Another attempt was made by the learned experts of

plaintiffs (Suit-4) by suggesting that historically they do not find

any evidence that the muslim Rulers were indulged in

destroying temples of idolaters and therefore a presumption that

an existing temple was demolished for construction of the

disputed structure should not be formed. Though it would not

4333

have been necessary for us to tell positively that there existed a

massive temple structure which was demolished by someone

and thereafter the disputed structure was raised for the reason

that for our purposes it was sufficient that the disputed structure

has been raised on an erstwhile building of a religious nature

which was non-Islamic but the kind of statement, which has

been given by so many experts appearing on behalf of the

plaintiffs (Suit-4) to justify their stand that temples in past were

never demolished by the then muslim Rulers or invaders from

Persia etc. is so blatant lie that we are reluctant to ignore it

without referring to some well known historical record on these

aspects particularly some of which have been written by the

Muslim writers themselves.

3995. Sri Jilani referred to the statement of the Expert

witnesses where they have said that the Mughal Emperors

before Aurangzeb were not against the idolaters or idol worship

and there do not exist any historical record to suggest that they

demolished any Hindu temple and constructed mosque or other

Islamic religious structure. Even for the Muslim Rulers or

invaders before Mughal's as also Aurangzeb and subsequent

once it is suggested that the act of a few such demolition of

temple attributed to Mahmood Gazani or Khilji's or Auraugzeb

etc., was not on account of any hatred on their part against idol

worshippers or for spread of religion of Islam but more on

account of economic reasons since these places i.e. Hindu

temples etc. had lot of wealth and for looting the said wealth

those attacks were made. He also referred to certain documents

constituting historical record etc. to show that neither Babar

entered into such activities nor others.

4334

3996. Exhibit 48 (Suit-5) (Register 20, page 129) contains

a photocopy from “Memoirs Zehir-Ed-Din Muhammed Baber;

Emperor of Hindustan” written by himself in the Chaghatai

Turki and translated partly by John Leyden and partly by

William Erskine with Notes and a Geographical and Historical

Introduction published in 1807 at London. It has frontispiece

and pages number 378, 379, 380 and 381 of the said book. On

pages 381 of the book (paper no. 107C1/68) it deals with the

description when Baber reached near Ayodhya:

“We were still a march or two from Oudh, when a

messenger arrived from Chin Timur Sultan, with

intelligence that the enemy were encamped on the other

side of the Siru, and that he would require to be reinforced.

I dispatched to his assistance a thousand of the best men

from the centre, under the command of Kazak. On

Saturday, the 7th of Rajeb, I encamped two or three Kos

above Oudh, at the junction of the Gogra and Siru. Till that

day, Sheikh Bayezid had kept his station, not far from

Oudh, on the other side of the Siru. He had sent a letter to

Sultan, for the purpose of overreaching him. Sultan having

discovered his insincerity, about noon-day prayers sent a

person to call Karacheh to his assistance, and begun to

make preparations for passing the river. When Karacheh

had joined Sultan, they passed the river without delay.

There were about fifty horse, with three or four elephants,

on the other side, who, being unable to stand their ground,

took to flight. Our people brought down some of them, and

cut off their heads, which they sent me. Bikhub Sultan,

Terdi Beg, Kuch Beg, Baba Chihreh, and Baki Shaghawal,

4335

passed the river after Sultan. Those who had passed over

first, continued till evening prayers in pursuit of Sheikh

Bayezid, who threw himself into a jungle, and escaped.

Chiu Timur Sultan having halted at night by a pool,

mounted again about midnight, and renewed his pursuit of

the enemy. After marching forty kos, he came to a place

where their families and baggage had been, but they were

already in full light. The light force now divided itself into

different bodies, Baki Shaghawel with one

division,following close upon the enemy, overtook their

baggage and families, and brought in a few of the Afghans

as prisoners.

I halted some days in this station, for the purpose of

settling the affairs of Oudh and the neighboring country,

and for making the necessary arrangement. Seven or eight

kos above Oudh, on the banks of the river Siru, is the well-

known tract called the Hunting-ground. I sent Mir

Muhammad Jalehban to examine the fords of the rivers

Gagra and Siru, which he did. On Thursday, the 12th, I

mounted, to set off on a hunting party.”

3997. Exhibit 15 (Suit-5) (Register 20, pages 139-143)

contains photocopies of frontispiece and pages no. 332 and 333

of “Memoirs Zehir-Ed-Din Muhammed Baber; Emperor of

Hindustan” translated by John Leyden and William Erskine

(Annotated and Revised by Sir Lucas King) published in 1921

in two Volumes by Oxford University Press. It also contains the

verbatim description as we have referred to from Exhibit 48

(Suit-5) at paper no. 107C1/68.

3998. Exhibit 62 (Suit-4) (Register 12, page 367 to 405) is a

4336

copy of an article/ letter/ report said to be submitted by Sri R.S.

Sharma, M. Athar Ali, D.N. Jha, Suraj Bhan under the title

"Ramjanambhumi-Baburi Masjid A Historians Report to the Nation"

along with the covering letter dated 13.5.1991 addressed to Sri

Subodh Kant Sahay, Minister of State for Home, Government of

India, New Delhi. A perusal of the letter and report shows that it

contains signatures of only three persons, i.e., Sri R.S. Sharma, M.

Athar Ali and Suraj Bhan. Sri D.N. Jha has not signed the said

report.

3999. Exhibit A-10 (Suit-4) (Register 16, pages 65-78) is

photocopy of Appendix-A list of sacred places in and about

Ayodhya from the Book "A Historical Sketch of Tahsil Fyzabad,

Zillah Fyzabad” by P.Carenegy.

4000. Exhibit 90 (Suit-4) (Register 16, pages 156-162)

contains the photocopy of the title page and pages no. 51 to 53

and 62 to 65 of the book "The Disputed Mosque-A Historical

Inquiry" by Sushil Srivastava published in 1991 by Vistaar

Publications, New Delhi. The author of this book himself as

appeared as witness, i.e. PW 15 and the book itself has been

produced before the Court.

4001. Exhibit 92 (Suit-4) (Register 16, pages 168-181)

contains the title page, preface, index and pages no. 12 to 34 of

the book "Mughal Empire In India" by Prof. S.R. Sharma,

Eleventh Edition published by Laksmi Narain Agarwal

Educational Publishers, Agra. The author on page 15 of the book

has given reason of Babar's invasion to India as under:

"The great advantage of Hindustan, "Babar was aware,

"besides its vast extent of territory, is the amount of gold,

coined and uncoined, which may be found there." To

Hindustan, therefore, he turned his wistful attention when,

4337

after the conquest of Kabul, he left the need for supplies"

4002. Exhibit 15 (Suit-5) (Register 20, pages 139-143)

contains photocopies of frontispiece and pages no. 332 and 333

of “Memoirs Zehir-Ed-Din Muhammed Baber; Emperor of

Hindustan” translated by John Leyden and William Erskine

(Annotated and Revised by Sir Lucas King) published in 1921

in two Volumes by Oxford University Press. It also contains the

verbatim description as we have referred to from Exhibit 48

(Suit-5) at paper no. 107C1/68.

4003. Sri Jain and other counsels on the contrary refuted

the above arguments vehemently and refers to other documents

as are:

4004. Exhibit J-6 (Register 13, page 47-51) is the photocopy

of History of Oudh (Amir Ali Shaheed or Marke-e Hanuman Garhi)

by Sheikh Mohammad Azmat Ali Kakori written by Sheikh

Mohammad Azmat Ali Kakori published by Markez Adab Urdu

Shahganj, Lucknow.

4005. Exhibit J-10 (Suit 4) (Register 13, page 53-55 and

125) is photocopy of the paged no.71 of Fasanah-E Ibrat by Mirza

Rajab Ali published by Marke Adab Urdu, Shahganj, Lucknow.

4006. Exhibit J-31(Register 13, page 57) is a copy of page

No.324 Holy Quran-majeed by Maulana Saeed Farman Ali published

by Matbua-e Nizami Press, Victoria Street, Lucknow.

4007. Exhibit 87 (Suit-4) (Register 16, pages 1-6)

contains the title page, index and contents of pages 207, 218 and

221 of "History of India As Told By Its Own Historians" Vol. 6

by H.M. Elliot and John Dowson. It is part of the Chapter LI

titled as "Tarikh-I-Firishta of Muhammad Kasim Hindu Shas,

Firishta". As we know the above book contains the English

translation of various manuscripts written in Persian, Arabic,

4338

Urdu etc. as collected by Sir H.M. Elliot while he was in India.

"Tarikh-I-Firishta" is work of Mohammad Kasim Hindu

Shah who is said to be born in 1550 or 1570. Initially, he was in

patronage of Murtaza Nizam Shah at Ahmadnagar wherefrom

he proceeded to Bijapur sometimes in 1589 A.D. which was in

the reign of Ibrahim Adil Shah. Later on, the King presented to

him a copy of Rauzatu-s Safa, remarking that no competent

person had hitherto written a general history of Muhammadans

in India, except Nizamuddin Bakhshi though his work was too

brief and imperfect, especially as concerned the Dakhin (south).

The Firishta wrote history but it is quite imperfect about Indian

history previous to Muhammadan invasion. He died probably in

1660. His book contains 12 chapters the details whereof have

been given on page 209 of Vol. VI of the said book (entire set of

"The History of India as Told By Its Own Historians" is

available to the Court and, therefore, instead of confining

ourselves to the pages filed by the plaintiffs (Suit-4), we have

gone through the book and have taken the contents therefrom.

The translation of the book has been done by General Briggs. It

is said by Elliot and Dowson on page 216/217 that General

Briggs procured a copy of Firishta in Persian which contains

several valuable annotations and corrections. This copy was

carefully collated with several others. Chapter I commences

with "Mahmud of Ghazni" and his attach on Anundpal, Raja of

Lahore at AH 399 (A.D. 1008). At page 221, it deals with Firoz

Shah Tughlik. The above pages have been placed on record to

show that the Muslims came to India as long back as with the

start of A.D. 1000 and odd and it is not Babar, who for the first

time laid the foundation of the Muslim Emperor in the then

4339

Hindostan. The learned counsel for the other side, however,

drew out attention to page 227 last five lines:

"Some historians state, that Sultan Feroze Shah Barbek on

this occasion broke the idols of Nagrakote, and mixing the

fragments with pieces of cow's flesh, filled bags with them,

and caused them to be tied round the necks of Brahmins,

who were then paraded through the camp."

4008. Exhibit 88 (Suit-4) (Register 16, pages 7-12) are

photocopies of the title page, index and pages no. 218, 239, 339

and 434 of the "The History of India As Told by Its Own

Historians", Vol. 4 by H.M. Elliot and John Dowson. Page 218

and 239 are the extract of Chapter XXVIII, Tuzak-I-Babari or

Wakiat-I-Babari, the Autobiography of Babar. In the Book, this

Chapter runs from page 218 to 287. Page 239 shows that in the

last but successful invasion, Babar proceeded to India on 17th

November, 1525 (AH 932). Page 339 (Paper No. 244C1/5 is

part of Chapter XXXII "Tarikh-I-Sher Shahi or Tuhfat-I-Akbar

Shahi of Abbas Khan, Sarwani". This work is probably

composed after AH 987 (AD 1579). It appears that the author

was connected by marriage with the family of Sher Shah. We

find no assistance from the said document for the purpose of this

matter except that for some time, Sher Shar (Sher Khan)

defeated the Mughals to take over the right of kingdon of

Bengal and Bihar.

4009. Page 434 (Paper No. 244C1/6) is extract of Chapter

XXXIII "Tarikh-I-Daudi of 'Abdulla" who has commenced his

work with the rein of Bahlol Lodi alleging that he was the first

King of the Afghan dynasty and brought down to reign of

Muhammad Adali Sur and Daud Shah alleging them as last

4340

Rulers of that reign. Learned counsel for the other side drew our

attention to pages 466 and 467 narrating the reign of Sultan

Sikandar Ghazi (Sikandar Lodi):

"He founded masjids throughout all his dominions, and

appointed a preacher, a reader, and a sweeper to each; to

all of whom he gave regular stipends." (Page 446)

"He allotted lands to the infidels who submitted to the

followers of Islam in their respective countries; and

whoever rebelled or was contumacious, was considered

guilty of treason, and was either slain or banished.

He was so zealous a Musulaman that he utterly

destroyed divers places of worship of the infidels, and left

not a vestige remaining of them. He entirely ruined the

shrines of Mathura, the mine of heathenism, and turned

their principal Hindu places of worship into caravanserais

and colleges. Their stone images were given to the butchers

to serve them as meat-weights, and all the Hindus in

Mathura were strictly prohibited from shaving their heads

and beards, and performing their ablutions. He thus put an

end to all the idolatrous rites of the infidels there; and no

hindu, if he wished to have his head or beard shaved, could

get a barber to do it. Every city thus conformed as he

desired to the customs of Islam." (Page 447)

4010. Exhibit 89 (Suit-4) (Register 16, pages 13-20) are

the photocopy of title page, index and pages no. 284, 285, 389,

476 and 477 of the "History of India As Told by Its Own

Historians" Vol. 3 by H.M. Elliot and John Dowson. Pages 284

and 285 are the extract of Chapter XVI "Tarikh-I-Firoz Shahi of

Shama-i-Siraj, "Asif". This work is devoted exclusively to the

4341

reign of Firoz Shah. The author claims to be attached to the

Court of Firoz Shah and accompanied him on his hunting

expeditions. The two pages shows the reign of Firoz Shah at

Delhi.

4011. Page 389 is extract of Chapter XVIII "Malfuzat-I

Timuri or Tuzak-I- Timuri' The Autobiography of Timur". The

original work was written in Chaghatai Turki language,

translated into Persian by Abu Talib Husaini, and dedicated to

Emperor Shah Jahan, who began to reign in A.D. 1628. Timur

came to India sometimes in the end of 14th century. It is not

necessary to deal into his invasion in detail since it is also a

story of invasion with the object of loot and destruction of

idolaters which is evident from the following extract:

"About this time there arose in my heart the desire to

lead an expedition against the infidels, and to become a

ghazi; for it had reached my ears that the slayer of infidels

is a ghazi, and if he is slain he becomes a martyr. It was on

this account that I formed this resolution, but I was

undetermined in my mind whether I should direct my

expedition against the infidels of China or against the

infidels and polytheists of India. In this matter I sought an

omen from the Kuran, and the verse I opened upon was

this, "O Prophet, make war upon infidels and unbelievers,

and treat them with severity."

My great officers told my that the inhabitants of

Hindustan were infidels and unbelievers. In obedience to

the order of Almighty God I determined on an expedition

against them, and I issued orders to the amirs of mature

years, and the leaders in war, to come before me, and when

4342

they had come together I questioned the assembly as to

whether I should invade Hindustan or China, and said to

them, "By the order of God and the Prophet it is incumbent

upon me to make war upon these infidels and polytheists."

throwing themselves upon their knees they all wished me

good fortune. I demanded of the warrior chieftains

whether I should direct my expedition against the infidels

of Hindustan or China. At first they repeated fables and

wise sayings, and then said, in the country of Hindustan

there are four defences, and if any one invading this

extensive country breaks down there four defences, he

becomes the conqueror of Hindustan.

The first defence consist of five large rivers, which

flow from the mountains of Kashmir, and these rivers unite

in their course, and passing through the country of Sind,

flow into the Arabian Sea, land it is not possible to cross

them without boats and bridges. The second defence

consists of woods and forests and trees, which,

interweaving stem with stem and branch with branch,

render it very difficult to penetrate into that country. The

third defence is the soldiery, and land holders, and prices,

and Rajas of that country, who inhabit fastnesses in those

forests, and live there like wild beasts. The fourth defence

consists of the elephants, for the rulers of that country in

the day of battle equipping elephants in mail, put them in

the van of their army, and place great confidence in them,

and they have trained them to such a pitch that, lifting with

their trunks a horse with his rider, and whirling him in the

air, they will dash him on the ground.

4343

Some of the nobles said in reply that Sultan Mahmud

Subuktigin conquered the country of Hindustan with

30,000 horse, and established his own servants as rulers of

that region, and carried off many thousand loads of gold

and silver and jewels from that country, besides subjecting

it to a regular tribute, and is our amir inferior to Sultan

Mahmud P No; thanks to Almighty God, to-day a 100,000

valiant Tatar horsemen wait at the stirrup of our amir; if he

determines upon this expedition Almighty God will give

him victory, and he will become a ghazi and mujahid before

God, and we shall be attendants on an amir who is a ghazi,

and the army will be contented and the treasury rich and

well filled, and with the gold of Hindustan our amir will

become a conqueror of the world and famous among the

kings of earth.

At this time the prince Shah Rukh said: "India is an

extensive country; whatever Slultan conquers it becomes

supreme over the four quarters of the globe; if, under the

conduct of our amir, we conquer India, we shall become

rulers over the seven climes." He then said: "I have seen in

the history of Persia that, in the time of the Persian Sutans,

the King of India was called Darai, with all honour and

glory. On account of his dignity he bore no other name;

and the Emperor of Rome was called Caesar, and the

Sultan of Persia was called Kisra, and the Sultan of the

Tatars, Khakan, and the Emperor of Chine, Faghfiur; but

the King of Iran and Turan bore the title of Shahinshah,

and the orders of the Shahinshah were always paramount

over the princes and Rajas of Hindustan, and praise be to

4344

God that we are at this time Shahinshah of Iran and Turan,

and it would be a pity that we should not be supreme over

the country of Hindustan." I was excessively pleased with

these words of Prince Shah Rukh. Then the Prince

Muhammad Sultan said: " The whole country of India is

full of gold and jewels, and in it there are seventeen mines

of gold and silver, diamond and ruby and emerald and tin

and iron and steel and copper and quicksilver, etc., and of

the plants which grow there are those fit for making

wearing apparel, and aromatic plants, and the sugar cane,

and it is a country which is always green and verdant, and

the whole aspect of this country is pleasant and delightful.

Now, since the inhabitants are chiefly polytheists and

infidels and idolaters and worshipers of the sun, by the

order of God and his prophet, it is right for us to conquer

them.

My wazirs informed me that the whole amount of the

revenue of India is six arbs; now each arb is a 100 krors,

and each kror is a 100 lacs, and each lac is a 100,00

miskals of silver. Some of the nobles said, "By the favour of

Almighty God we may conquer India, but if we establish

ourselves permanently therein, our race will degenerate

and our children will become like the natives of those

regions, and in a few generations their strength and valour

will diminish." the amirs of regiments (kushunat) were

disturbed at these words, but I said to them, "My object in

the invasion of Hindustan is to lead an expedition against

the infidels that, according to the law of Muhammad (upon

whom and his family be the blessing and peace of God), we

4345

may convert the true faith the people of that country, and

purify the land itself from the filth of infidelity and

polytheism; and that we may overthrow their temples and

idols and become ghazis and mujahids before God." They

gave an unwilling consent, but I placed no reliance upon

them. At this time the wise men of Islam came before me,

and a conversation began about the propriety of a war

against infidels and polytheists; they gave it as their

opinion that it is the duty of the Sultan of Islam, and all the

people who profess that "there is no god but Allah, and

Muhammad is the prophet of Allah," for the sake of

preserving their religion and strengthening their law, to

exert their utmost endeavour for the suppression of the

enemies of their faith. And it is the duty of every Muslim

and true believer to use his utmost exertions in obedience

to his ruler. When the edifying words of the wise men

reached the ears of the nobles, all their hearts were set

upon a holy war in Hindustan, and throwing themselves on

their knees, they repeated the Chapter of Victory.

When I girded up my loins for the expedition, I wrote

to Hazrat Shaikh Zainu-d din to the effect that I had

determined on a religious expedition to Hindustan. He

wrote in the margin of my letter: "Be it known to Abu-l

Ghazi Timur (whom may God assist) that great prosperity

in this world and the next will result to you from this

undertaking, and you will go and return in safety." he also

sent me a large sword which I made my sceptre.

In the meanwhile there came a petition from the

Prince Pir Muhammad Jahangir, from the confines to

4346

Kabulistan, the government of which country, from the

boundaries of Kunduz and Bakalan and Kabul and Ghazni

and Kandahar, was vested in him. When I looked at this

petition it was thus written: "Since, according to your

order, I arrived in this country, I have acted towards all the

people conformably to the exalted order and wisdom-

increasing counsels of the great king. When I had satisfied

my mind with the conquest and settlement of this kingdom,

I turned my thoughts towards the acquisition of some of the

provinces of Hindustan. I enquired concerning the

condition of that country, and received the following

account: that the city of Dehli is the capital of the

sovereigns of India, and after the death of Sultan Firoz

Shah, two brother among his nobility, of whom one was

named Mallu and the other Sarang, becoming very

powerful, established their independence, giving the

nominal sovereignty to one of the sons of Sultan Firoz

Shah, by name, Sultan Mahmud, they kept the real power in

their own hands, and virtually governed the empire. Mallu,

the elder brother, lives at Dehli, about the person of Sultan

Mahmud, and Sarang is established in the city of Multan,

for the protection of that country. When I became

acquainted with these matters, acting according to the

practice of the great king, I wrote a letter and sent it to him

(Sarang) by an ambassador, purporting that since the fame

of the victories and conquests, and of the extensive empire

of the great king is spread all over the world, it is certain

that it must have reached him also. The great king has

appointed me to the government of those provinces which

4347

lie on the borders of Hindustan, and has ordered that 'If the

rulers of Hindustan come before me with tribute I will not

interfere with their lives, property, or kingdoms; but if they

are negligent in proffering obedience and submission, I will

put forth my strength for the conquest of the kingdoms of

India. At all events, if they set any value upon their lives,

property, and reputation, they will pay me a yearly tribute,

and if not, they shall hear of my arrival with my powerful

armies. Farewell.' When the ambassador reached the

presence of Sarang at Multan, he was treated with great

respect and consideration; but in reply to his letter, Sarang

said, 'It is difficult to take an empire like a bride to your

bosom without trouble and difficulty and the clashing of

swords. The desire of your prince is to take this kingdom

with its rich revenue. Well, let him wrest it from us by force

of arms if he be able. I have numerous armies and

formidable elephants, and am quite prepared for war.' with

these words he dismissed the ambassador. But when this

unsatisfactory answer was brought back to me. I issued

immediate orders for the armies to assemble from all

quarters, together with such of the nobles as were in my

province, such as Amir Saikal Kandahari, and other amirs,

and soldiers."

4012. The amount of wealth his army looted at Delhi is

mentioned on page 446:

"The other booty was immense in rubies, diamonds,

garnets, pearls, and other gems; jewels of gold and silver;

ashrafis, tankas of gold and silver of the celebrated Alai

coinage; vessels of gold and silver; and brocades and silks

4348

of great value. Gold and silver ornaments of the Hindu

women were obtained in such quantities as to exceed all

account. Excepting the quarter of the saiyids, the ulama,

and the other Musulmans, the whole city was sacked."

4013. On page 448, the number of the peoples killed by

him mentions:

"I had triumphed over my adversaries, I had put to death

some lacs of infidels and idolaters, and I had stained my

proselyting sword with the blood of the enemies of the

faith."

At page 476 and 477 is the narration of his return journey

through Kashmir.

4014. Exhibit 64 (Suit-4) (Register 16, pages 80-91)

contains photocopy of title page, preface and pages 1 to 9 of "Ek

Drishtikon Ramjanambhoomi, Babari Masjid Vivad" by Ram

Saran Srivastava, Retired District Magistrate, Faizabad. We find

no matter of substance in the aforesaid document.

4015. Exhibit 65 (Suit-4) (Register 16, pages 93-96)

contains title page and pages 27, 28 and 29 of "Ek Drishtikon

Ramjanambhoomi, Babari Masjid Vivad" by Ram Saran

Srivastava, Retired District Magistrate, Faizabad. It says as

under:

^^,slk izrhr gksrk gS fd ckn esa fgUnqvksa ds izcy fojks/k ,oa viuh

lfg".kqrk dh uhfr ds dkj.k ckn'kkg vdcj us Hkou ds vkxs pcwrjk

cukus dh vkKk ns nh Fkh ftl ij fgUnqvksa }kjk ewfrZ;kWa LFkkfir dh xbZ

vkSj ;gkWa fu;fer iwtk gksrh jghA mlh LFkku ls mRrj dh rjQ fgUnqvksa

dk yxk gqvk nwljk iwtk LFkku Fkk ftls lhrk jlksb;k dgk tkrk Fkk

vkSj ckn esa lhrk ikdZ dgk tkus yxkA eqfLye 'kkldksa us blh ds ikl

dkS'kY;k jlksbZ dks Hkh u"V djus dk lkgl ugha fd;k fdUrq fgUnqvksa ds

eu esa {kksHk vkSj {kfr dh Hkkouk cuh jgh vkSj dgk tkrk gS fd jke

4349

pcwrjk ;k tUe Hkwfe ds elys dks ysdj izk;% fgald la?k"kZ gksrs jgs]

fo'ks"k dj vo/k ds uokc ds le;] ftuesa cgqr ls yksx ekjs x;s FksA

1859 bZ0 esa okftnvyh 'kkg ds le; esa jke pcwrjk o lhrk jlksbZ ds

u"V gksus ds iz;kl gksrs jgs ;|fi dksbZ lQyrk ugha feyhA ijUrq

vkSjaxtsc ds le; esa vdcj ds le; cus pcwrjs dks fxjk fn;k x;k

lkFk gh v;ks/;k ds vU; efUnj Hkh u"V fd;s x;sA fQj Hkh izkphu efUnj

gksus ds dkj.k lSdM+ksa o"kksZa ls fgUnw ogkWa iwtk djrs jgsA Jh fetkZ lsu tks

1855 ds tsgkn ds izR;{kn'khZ Fks ftlesa v;ks/;k ds oSjkfx;ksa ls

guqekux<+h Nhu yh xbZ Fkh viuh iqLrd ^^gnhd bZlqgn** esa Li"V rkSj

ls fy[kk gSSA

^^eqlyekuksa us QStkckn vkSj vo/k ls ukfLrdrk dh xanxh dk

lQk;k dj fn;k D;ksafd ;g jke ds firk dh jkt/kkuh Fkh vkSj iwtk dk

,d cM+k dsUnz FkkA tgkWa ij jke tUe dk ,d cM+k efUnj cuk Fkk

ogha ,d cM+h efLtn cukbZ xbZ**A 1855 bZ0 ds la?k"kZ ds nwljs izR;{kn'khZ

'ks[k vter vyh] ddksjoh uoh] ¼811&13½ us fy[kk gS fd 923 esa lS;n

fe;kWa vkf'kdku ds laj{k.k esa ckcjh efLtn tUe LFkku efUnj ¼cqr[kkus

tUe LFkku esa½ cukbZ xbZA mldh iqLrd ejxdkbZ [kqjkoh % rkjh[ks vo/k

% dh ,d izfr y[kuÅ dh VSxksj ykbZczsjh esa gS vkSj bldk izdk'ku 1987

esa gqvk FkkA Mk0 ddksjoh us viuh iqLrd fetkZ vyh osx 'kq:j

¼1787&1867½ dh iqLrd Qlkuk &bZ&bczkr ds m)j.k dks tksM+k gSA

ftlesa crk;k x;k gS fd ckcj ds 'kklu dky esa lhrk ds jlksbZ ds ikl

,d cM+h efLtn cukbZ xbZA v;ks/;k ij vaxzstksa ds dCts ds igys

,d ;ksjksih; ;k=h VhQsuFksyj us tks 1767 esa v;ks/;k vk;k Fkk fy[kk Fkk

fd efLtn ds ckM+s esa fgUnw yksx fu;fer :i ls iwtk vpZuk djrs Fks

vkSj ;g Hkh mYys[k fd;k Fkk fd tUeHkwfe efUnj dks rksM+dj izLrqr

efLtn cukbZ xbZ FkhA blds igys Hkh fofy;e QzsUp % 1608 ftldh

iqLrd dh izfr cukjl fgUnw fo'ofo|ky; ds iqLrdky; esa ekStwn gS esa

mYys[k fd;k x;k gS fd tUe LFkku o jke dksV {ks= ds vU; efUnjksa dks

ckcjh efLtn cukus ds fy;s rksM+k x;k FkkA bl fy;s ;g dguk fd ;g

>xM+k vaxzstksa us viuh ^^QwV Mkyks vkSj jkT; djks** ds uhfr ds rgr

tcjnLrh [kM+k fd;k Fkk egt vkWa[kksa esa iV~Vh ckWa/k ysus ds leku gSA

ekSykuk vCnqy gbZ tSls fo}ku /keksZins'kd ls ;g vk'kk ugha dh tk

4350

ldrh Fkh fd mUgksaus vaxzstksa ls izsj.kk ysdj fy[kk gksxkA mUgksaus Li"V

fy[kk gS fd ckcj us jkepUnz ds tUe LFkku ij ckcjh efLtn cuokbZ

FkhA blds vfrfjDr ekfVZu % 1838 bZLVuZ bafM;k ltZu] tujy ,MoMZ

osyQs;j bulkbZDyksihfM;k vkQ bafM;k 1858] vo/k xtsfV;j 1877 vkSj

vysDtsUMj dfua?ke 1862 ds lk{;ksa ij lansg O;Dr djus dk dksbZ dkj.k

ugha gS fd ckcjh efLtn ftls e/;;qxhu eqlyekuh nLrkostksa esa efLtn

&bZ&tUeLFkku dgk x;k gS jke tUe Hkwfe LFkku ds efUnj dks rksM+dj

cukbZ xbZ FkhA vaxzst 'kkldksa ds fy;s fgUnw eqlyekuksa esa QwV Mkyus ds

fy;s ,d fookn dk >wBk ewBk gkSok [kM+k djus dk dksbZ dkj.k ugha Fkk

D;ksafd bl elys ij nksuksa leqnk;ksa esa fookn o vkilh la?k"kZ eqxy

'kklu esa gh izkjEHk gks pqdk Fkk vkSj rc ls og py jgk FkkA tSlk fd

bfrgkl crkrk gS fd vkSjaxtsc dh iq=h Hkh bl rF; ls voxr Fkh fd

efUnj dks rksM+dj mlds Åij efLtn cukbZA**

4016. From Exhibit 19 (Suit-4) (Register 10, Page 21), we

find that the Babar though defeated Ibrahim Lodhi in the battle

of Panipat in 1526 AD, but he himself noticed several local

Amins having declared themselves independent even before his

defeat of Ibrahim Lodi:

“When I first arrived in Agra, there was a strong

mutual dislike and hostility between my people and the men

of the place.

The peasantry and soldiers of the country avoided

and fled from my men. Afterwards, everywhere, except only

in Delhi and Agra, the inhabitants fortified different posts,

while the governors of towns put their fortifications in a

posture of defence, and refused to submit or obey.” the

nature of the situation he was confronted with, after his

victory at Panipat, is best described in his own words:

(a) 'Kasim Sambhali was in Sambhal;

(b) 'Nizam Khan in Bayana;

4351

(c) 'the Raja Hasan Khan Mewati himself in

Mewat: that infidel was the prime mover and agitator

in all these confusions and insurrections;

(d) 'Kanauj, with the whole country beyond

the Ganges, was entirely in the possession of

refractory Afghans, such as, Nasir Khan Lohani,

Ma'ruf Farmuli, and a number of other Amirs who

had been in a state of open rebellion for two years

before the death of Ibrahim.

'At the period I defeated that prince, they had

overrun, and were in possession of Kanauj and the

country in that quarter, and had advanced and

encamped two or three marches on this side of

Kanauj. They elected Bihar Khan (or, Bhadur Khan),

the son of Darya Khan, as their King, and gave him

the name of Sultan Mahmud. When I came to Agra

we could not find grain or provendor, either for

ourselves or for our horses. The villagers, out of

hostility for us, had taken to rebellion, thieving, and

robbery. The roads became impassable.

'I had not time, after the division of treasure, to

send proper persons to occupy and protect the

different parganas and stations.'

To make matters worse, the heat was abnormal that

year, and many of Babur's men dropped down dead. Not a

few of his Begs and best men began to lose heart, objected

to remaining in Hindustan, and even began to make

preparations for retreat. .... The final subjugation of the

Afghans had to be deferred in the face of a more

4352

formidable foe."

4017. However, Sri Hari Shankar Jain placed before the

following passage from page 22 of the book:

“But Babur himself looked upon this only as holy

war against the infidel, with whom had joined some

Muslim apostates. This is indicated by his assumption of

the title of Ghazi after the victory: 'After this victory. I used

the epithet of Ghazi, in the Imperial titles.' this was

necessary to arouse his dispirited and home-sick followers.

Babur was a master of the art of persuasion, with a keen

eye for the dramatic.”

4018. The Afgan Rabels were sought to be taken by Babar

in February, March 1528, but after persuing them upto Avadh,

he returned to Agra by 13th March 1528 as is evident from page

25 of the book as follows:

“Afghan Rebels. On February 2, 1528. Babur set out

to punish the Afghan rebels who had advanced from Bihar

into Doab, stormed Shamsabad, and driven the Imperial

garrison out of Kanauj. At Babur's approach, the enemy

crossed the river Ganges and mustered on its left bank to

dispute, Babur's passage. The Emperor reached the great

river, on February 27, built a bridge across its broad

stream, by March 13, put the insurgents to headlong fight,

and hotly pursued them as far as Oudh. After this Babur

returned to Agra for the rainy season.”

4019. Sri Jain placed before us the following extract from

page 32 and 33:

“Babur was, with all his virtues, a Musalman

Emperor. When he had killed the Pagans (as he called the

4353

Hindus) he piled up a pyramid of their skulls, at least for

the delectation of his orthodox followers. He considers the

war against the Rajputs as jihad or 'holy war' and assumed

the title of Ghazi, after his victory at Khanua. He spoke of

the self-immolation of the Rajputs at Chanderi as 'going to

hell'. When he remitted the tamgha after his penitence and

vow to renounce wine, it was only Musalmans who were

exempted from it, and not the Hindus. After the fall of

Chanderi, as Ferishta tells us, he “did not fail to rebuild

and repair the mosques in Chanderi, Sarangpur,

Rantambhor and Raisen, which had been partly destroyed

and otherwise injured by being converted into cattle-sheds,

by Medini Rai's orders.” Babur himself stated on his

conquest of Chanderi, that he converted 'the mansion of

hostility' into 'a mansion of faith.' All these facts make it

difficult to accept the too liberal policy outlined in the

Bhopal MS. ascribed to Babur.

But to say this is not to allege the contrary. Babur

was beyond question a man of deep faith in God; but his

belief in Islam must have sat comparatively light on his

mind. He had abjured his orthodoxy and became a Shia to

win the support of the Shah of Persia to his cause. At the

same time, he had refused to persecute his quandom

orthodox co-religionists at the command of his newly

accepted suzerain. There is no evidence of his ever having

destroyed a Hindu temple or otherwise persecuted the

Hindus on account of their religion. On the other hand,

there is at least one reference to his equal recognition of

the Hindu and Turki Amirs who had enlisted in his service."

4354

4020. Exhibit 102 (Suit-4) (Register 16, pages 183-196)

contains photocopy of the title page, preface, index and pages

no. 259 to 281 of the “History of India As Told By Its Own

Historians” Vol. 2 by H.M. Elliot and John Dowson. Page 259

onwards is Chapter VIII of the book providing English

translation of Minhaju-S 'Siraj's Tabakat-I Nasiri' from the

earliest time upto 658 AH (AD 1529). Page 269-270 deals with

the Mahmud Ghazni's invasion of Somnath and also conversion

of a thousand of idol temples into mosque. It says that the idol

of Somnath was broken into four parts, one part he deposited in

the Jami' Masjid of Ghazni, one he placed at the entrance of the

royal palace, third he sent to Mecca and fourth to Medina.

4021. Exhibit 24 (Suit-5) (Register 22, page 415-511) is a

photocopy of the book "Sri Ram Janambhumi (Sachitra,

Pramanik Itihas" written by Dr. Radheyshyam Shukla

published in 1986 by Bal Krishna Goswami, Ayodhya. The

author of the book has given his qualification as M.A., Ph.D.

from Oudh Vishwavidyalaya, Faizabad. He is journalist and has

worked in some daily newspaper in 1970-85 as co-editor, editor

and free lance writer. It has been heavily relied by Sri

R.L.Verma, Counsel for plaintiffs (Suit-3), Sri Ravi Shankar

Prasad, Senior Advocate, counsel for plaintiffs (Suit-5) and Sri

P.N.Mishra, Advocate appearing for defendant no.20 (Suit-4).

From internal page 1 to 33 i.e. paper no.107C1/154/5-37, sought

to be relied by Sri Verma, we place hereat some extract thereof

to have an idea as to what the author has said to consider its

acceptability and reliability:

^^lEiw.kZ ekuo tkfr ds fy;s vkn'kZ ds izsj.kklzksr e;kZnk iq#"kksRre

Hkxoku jke dk tUe dgka gqvk Fkk bldh tkudkjh dk izkphure

4355

lkfgfR;d lzksr egf"kZ ckYehfd dk jkek;.k gSA egf"kZ ckYehfd ds

vuqlkj Hkxoku Jhjke dk izknqHkkZo ¼tUe½ ftl yksdfoJqr v;ks/;k uxjh

esa gqvk Fkk og dks'ky tuin dh jkt/kkuh Fkh rFkk lj;w unh ds nf{k.k

rV ij clh gqbZ FkhA orZeku miyC/k jkek;.k ftl le; jph x;h ml

le; Hkxoku jke dh dFkk rks yksd esa izfl) Fkh fdUrq v;ks/;k dh dksbZ

igpku 'ks"k ugha jg x;h FkhA bldk Li"V dkj.k Hkh FkkA yksd fo'okl

rks ;g ekurk gS fd Jhjke vc ls djhc 9 yk[k o"kZ iwoZ =srk ;qx esa

iFoh ij dzhM+k fd;s Fks ysfdu ;fn b{okdqoa'kh; ikSjkf.kd oa'kkoyh ds

vk/kkj ij x.kuk djsa rks Hkh Hkxoku jke vcls djhc pkj gtkj o"kZ iwoZ

¼bZ-iw- yxHkx 2350 ls 1950 ds chp½ gq, FksA vcfd orZeku jkek;.k dk

jpukdky fo}ku bZ-iw- 300 ls bZ- 200 ds chp ekurs gSaA yksd fo'okl Hkh

ekurk gS fd v;ks/;k dbZ ckj clh dbZ ckj mtM+hA ,sls esa vxj nks

gtkj o"kZ ckn mldh HkkSxksfyd igpku [kks tk; rks dksbZ vk'p;Z ughaA

Hkxoku cq) ds le; ¼bZ-iw- NBh 'krkCnh½ esa lj;w ds nf{k.k rV

ij clk ;g uxj ^lkdsr* ds uke ls izfl) FkkA ml le; v;ks/;k uke

dks dksbZ uxj Fkk gh ughaA ysfdu bl {ks= ds jktoa'k rc Hkh vius

dks ,s{okdq ¼b{okdqoa'kh½ dgrs FksA lkdsr gh v;ks/;k gS] bldh igpku

dc fdlus dh bldk dksbZ irk ugha pyrk fdUrq bruk fuf'pr gS fd

egkdfo dkfynkl ds le; lkdsr vkSj v;ks/;k ,d gh uxj dk uke

FkkA j?kqoa'k uked vius egkdkO; esa mUgksaus lkdsr vkSj v;ks/;k dk

i;kZ;okph ds :i esa bLrseky fd;k gSA vc ls djhc Ms<+ gtkj o"kZ iwoZ

¼ikapoh 'krkCnh bZ- dk e/;½ ds dkfynkl tSls fo}ku dh igpku dks

vkt pqukSrh nsus dk iz'u gh ugha mBrkA bl rjg lkdsr ds :i esa

v;ks/;k dh igpku gks tkus ds ckn Hkh Jhjke tUeHkwfe dh igpku dh

leL;k dk lek/kku ugha gqvk D;ksafd lkdssr ds Hkh mtM+us&clus dh

Ja[kyk tkjh jghA cq)dkyhu Hkkjr ds N% Js"Bre egkuxjksa esa ls ,d

lkdsr Hkh dky izokg ds vkxs fVd ugha ldkA tc dks'ky tuin ex/k

lkezkT; dk vax gks x;k rks bldk egRo ?kVus yxkA uUnoa'k ¼bZ- iw-

pkSFkh 'krkCnh½ ds le; bldk egRo ,d lSfud Nkouh Hkj dk jg x;kA

'kaqx oa'k rFkk dq"kk.kdky esa Hkh ,d /kkfeZSd uxj ds :i esa bldh

izflf) Fkh ysfdu mlds ckn dh ,d nks 'krkfCn;ksa esa rks ;g lEHkor%

vkSj egRoghu gks x;kA

4356

fod zek fnR; }kjk v;k s/;k dh [k k st

v;ks/;k dh yksd ijEijk esa ;g fo'okl lfn;ksa ls pyk vk jgk

gS fd lezkV fodzekfnR; us mtM+h v;ks/;k dh iqu% [kkst dh] Hkxoku

jke dh tUeHkwfe rFkk vU; rhFkZ LFkyksa dk irk yxk;k rFkk ogka ij

efUnj cuok;kA ;s fodzekfnR; dkSu Fks ;g irk ugha gSA bfrgkl dk

ftKklq dsoy fodzekfnR; uke lqudj lUrq"V ugha gks ikrk D;ksafd

bfrgkl esa ,d n'kZu ls Hkh vf/kd fodzekfnR; gks pqds gSaA buesa

izkphure Kkr fodzekfnR; igyh 'krkCnh bZ-iw- ds gSa rFkk uohure

ckjgoha 'krkCnh dsA v;ks/;k ds yksxksa esa izpfyr fo'okl dks loZizFke

^ekfVZu* uked vaxzst fo}ku us ,sfrgkfld fooj.kksa esa 'kkfey fd;kA

mlus fy[kk gS fd ^^v;ks/;k ds yksx ekurs gSa fd ogncy dh eR;q ds

ckn mudh uxjh ¼v;ks/;k½ mtM+ x;h vkSj mTtSu ds fodzekfnR; ds

le; rd mtM+h iM+h jghA mTtSuh ds fodzekfnR; us loZizFke bldh

[kkst dh vkSj ;gka ^jkex<+* uked fdyk cuok;kA mUgksaus [k.Mgjksa dks

<dus okys taxy dks lkQ djk;k rFkk Hkxoku jke] mudh Hkk;kZ lhrk]

muds vuqt y{e.k rFkk muds lsukifr egkohj ds vlk/kkj.k dk;ksZ ds

Lefr LFkyksa ij 360 efUnjksa dk fuekZ.k djk;kA** ^ekfVZu* us tks dqN

lquk mls fy[k fn;kA izfl) iqjkfon rFkk bfrgkldkj ^tujy dfu?ke*

rFkk ih0 dkjusxh us Hkh blh dFkk dks nqgjk;k gSA fdlh us bl dgkuh

dks Kkr bfrgkl dh dlkSVh ij ij[kus dk dke ugha fd;kA** ¼ist

421&423½

^ ^i z F ke Jhjke efUnj dk fuek Z . k

Åij mYys[k vk pqdk gS fd fodzekfnR; LdUnxqIr us 'kkjafxu

¼/kuq"k/kkjh½ fo".kq dk efUnj cuok;k FkkA esjk fo'okl gS fd ;gh Jhjke

tUeHkwfe ij cuk izFke efUnj FkkA bl efUnj dk Lo:i dSlk Fkk bldh

vkt dsoy dYiuk Hkj dh tk ldrh gSA ijEijk ls Kkr gS fd dkys

iRFkj ds mRdh.kZ pkSjklh [kEHkksa ij efUnj dk e/; e.Mi [kM+k FkkA

dkys iRFkj ds bu mRdh.kZ LrEHkksa esa ls 16 vHkh Hkh v;ks/;k esa miyC/k

gSaA bu LrEHkksa ds dky ds ckjs esa fo}kuksa esa erHksn gSA dqN fo}ku bls

nloha&X;kjgoha 'krkCnh dk ekurs gSa rks dqN fodzekfnR; dkyhuA buds

dky fu/kkZj.k dk dksbZ iq"V vk/kkj ugha gSA ijEijk ij fo'okl djsa rks

budk dky Hkh fodzekfnR; ¼LdUnxqIr½ dk dky gh ekuuk iM+sxkA tks

4357

fo}ku ;g ugha ekurs mudk rdZ ;g gS fd xqIrdky esa efUnj

fuekZ.kdyk vHkh vius 'kS'ko dky esa FkhA xqIrdkyhu ftu eafnjksa ds

vo'ks"k vkt izkIr gSa muesa ls fdlh dks HkO; ugha dgk tk ldrkA vkSj

bl rjg mRdh.kZ izLrj LrEHkksa okyk rks dksbZ Hkh rRdkyhu eafnj Kkr

ugha gSA ysfdu ;g Lej.k j[kuk pkfg, fd bl jke eafnj dk

fuekZ.kdrkZ xqIr lezkV Fkk tks cy ijkdze esa viuh rqyuk jke ls djrk

FkkA mlus fu'p; gh vius le; dk Js"Bre eafnj ouok;k gksxkA

;g /;ku nsus ;ksX; gS fd ,sls dkys iRFkj ds mRdh.kZ LrEHk dsoy Jhjke

dh tUeHkwfe ij gh miyC/k gSa iwjs ns'k esa vU;= dgha ughaA Jhjke

tUeHkwfe ds nf{k.k ik'oZ rFkk i"B Hkkx esa djk;s x;s iqjkrkfRod mR[kuu

dh tks fjiksVZ izdkf'kr gqbZ gS mlls irk pyrk gS fd X;kjgoha 'krkCnh

ds vkl ikl ;gka u;h cfLr;ka clha blfy;s laHkor% Jhjke tUeHkwfe dk

og efUnj&ftlesa dkys iRFkj ds ;s LrEHk yxs lu~ 1000 ;k mlds dqN

ckn esa cukA bu fo}kuksa dk ;g Hkh rdZ gS fd X;kjgoha 'krkCnh ds fgUnw

rhFkksZa dk fooj.k nsus okys y{eh/kj u rks v;ks/;k dk mYys[k djrs gSa u

Jhjke tUeHkwfe dkA ysfdu y{eh/kj v;ks/;k dks yksdukFk dk fuokl

crkrs gSaaA yksdukFk Hkxoku fo".kq ds foHkoksa esa ls ,d gSaA lEHko gS ;g

yksdukFk txrifr Jhjke ds fy, gh vk;k gksA y{eh/kj ds fooj.kksa

ls ;gh vuqeku yxk;k tk ldrk gS fd muds le; rd v;ks/;k dh

rhFkZ :i esa izflf) u jgh gks fdUrq bldk ;g vFkZ ugha fd ;gka

Jhjkeeafnj Fkk gh ughaA g~osuRlkax us vius ;k=k fooj.k esa ;gka nl nso

eafnjksa dh ppkZ dh gSA og lkroha 'krkCnh ds iwokZ/kZ esa ;gka vk;k Fkk

blls bruk rks izekf.kr gks gh tkrk gS fd ;gka g"kZ ds le; ls igys Hkh

vusd nso eafnj Fks] y{eh/kj dh rhFkZ&lwph esa u vkus ek= ls blls

bUdkj ugha fd;k tk ldrkA

tUeHkwfe ds fudV gq, iqjkrkfRod mR[kuuksa ls fuekZ.k ds de ls

de rhu Lrjksa dk irk pyrk gSA blls tkfgj gS fd Jhjke tUeHkwfe

dk de ls de rhu ckj fuekZ.k gqvkA igyk fuekZ.k ;fn LdUnxqIr us

djk;k rks lEHko gS pkj&ikap lkS o"kksZa esa og fuekZ.k th.kZ gks x;k gks

ftldk e/; dky ¼n'koha&X;kjgoha&'krkCnh½ esa iqufuekZ.k djk;k x;kA

rhljh ckj eqxy lezkV ckcj ds 'kkludky esa mlds lcwnkj ehjckdh us

eafnj dks /oLr djds efLtn cuok;k tks dky&dze esa Lor% eafnj esa

4358

cny x;hA X;kjgoha 'krkCnh esa Jhjke tUeHkwfe eafnj dk th.kksZ}kj

fdlus djk;k bldh Hkh Li"V tkudkjh ugha gS fdUrq ge tkurs gS fd

ml le; vafre xgM+oky ujs'k t;pUnz dk 'kkludky Fkk ftlus

v;ks/;kesa dbZ eafnjksa dk fuekZ.k djk;kA cgqr lEHko gS Jhjke eafnj dk

th.kksZ}kj mlh us djk;k gksA ykyk lhrkjke us vius v;ks/;k ds bfrgkl

esa mYys[k fd;k gS fd t;pUnz us Jhjke tUeHkwfe ij fodzekfnR; dk

izLrj vfHkys[k gVokdj viuk iRFkj yxok;k FkkA ;g iRFkj th.kksZ}kj

ds mijkUr gh yxk;k x;k gksxkA** ¼ist 429&431½

^^fons'kh vkrrkb;ksa ds geys bZ- lu~ 1000 ds yxHkx egewn

xtuoh ds usrRo esa dkQh rst gks x;s FksA egewn us Lo;a vusd geys

djds dUukSt rd dks ywVikV dj rgl&ugl dj fn;k FkkA elwn ds

usrRo esa rqdZ geykojksa us ckjkcadh rd igqapdj viuk iSj tek fy;k Fkk

ysfdu v;ks/;k ij eqlyekuksa dk igyk izHkkoh geyk eqgEen xksjh ds

le; ¼yxHkx bZ- 1194½ gqvkA xksjh dk ,d fliglkykj e[knw'kkg twjku

xksjh us lEHkor% igyk geyk fd;k vkSj ;gka fLFkr izFke tSu rhFkZadj

vkfnukFk ds efUnj dks /oLr dj MkykA fdUrq Jhjke tUeHkwfe dk

efUnj tkus dSls mlds gkFk ls cpk jgkA mlds ckn Hkh v;ks/;k

yxkrkj eqfLye 'kkldksa ds fu;a=.k esa jgh ysfdu Jhjke tUeHkwfe dks

fdlh us dksbZ {kfr igqapkus dk midze ugha fd;kA eqxyksa ds vkxeu ds

iwoZ rd Jhjke tUeHkwfe dk efUnj 'kku ls viuk ekFkk ÅWapk fd;s [kM+k

jgkA

eqxy fotsrk tghj&mn~&nhu eqgEen ckcj fgtjh laor 934 ¼bZ-

1527½ esa v;ks/;k vk;kA ckcj us viuh Mk;jh ¼ckcjukek½ esa Lo;a fy[kk

gS fd og igyhckj 29 ekpZ 1527 dks v;ks/;k ¼vmn½ igqapkA v;ks/;k

¼vmn½ lwcs ds ekeyksa dks fuiVkus ds fy;s og dqN fnu ;gka #dkA

ckcjukek esa bldk dksbZ mYys[k ugha gS fd mlus v;ks/;k esa dksbZ eafnj

rksM+okdj efLtn cuok;kA ;g mYys[k gks ldrk gS fd blfy, Hkh u

izkIr gks fd 2 vizSy 1527 ds ckn ds Mk;jh ds iUus gh xk;c gSaA Mk;jh

fQj 18 flrEcj 1528 ls 'kq: gksrh gS blh chp esa Jhjke tUeHkwfe dk

efUnj fxjokdj ogka ij efLtn cuok nh x;hA ;g irk ugha pyrk fd

ckcj efLtn fuekZ.k ds nkSjku v;ks/;k esa Fkk vFkok fnYyh okil ykSV

x;k FkkA ckcjukek ds vuqoknd czsosfjt+ us 'kkgh iqLrdky; ls izkIr ,d

4359

QVs iUus dk vuqokn fn;k gSA ;g iUuk 'kk;n ckcjukes dk ,d fgLlk

gS tks v;ks/;k ls lEc) yxrk gS vkSj 934 fgtjh ds yqIr vfHkys[k dh

dqN lwpuk,a lesVs gSA 'kkgh iqLrdky; ls izkIr ;g fgLlk lEHkor% ewy

ys[k dk Qkjlh vuqokn gSA bl va'k esa fy[kk gS& ^^bl LFky ij tgka

cxhps] cgrk ikuh] lqUnj Hkou] o{k fo'ks"kdj jlky o{k rFkk jaxhu

if{k;ksa dk ckgqY; gS] dqN vkuUniwoZ fcrkus ds ckn xkthiqj dh vksj

c<+us dk vkns'k fn;kA** blls tkfgj gksrk gS fd ckcj u dsoy v;ks/;k

vk;k cfYd ;gka dqN fnu fuokl Hkh fd;kA

bl le; Jhjke tUeHkwfe ij ckcj ;k mlds lwcsnkj

ehjckdh }kjk tks efLtn [kM+h dh x;h mlds Hkhrj rFkk ckgj nks i|

o) vfHkys[k vafdr gSaA Qkjlh fyfi esa vafdr bl vfHkys[k ls blds

fuekZ.k ds bfrgkl ij dqN izdk'k iM+rk gSA Hkhrj dk vfHkys[k bl

izdkj gSA

c Qjewnk;s 'kkg ckcj dh vfnyl

cuk bZLr rk dkjo&,&xjnw eqykdhAA1AA

cuk dnsZ bZ egcrsa dqnfl;ka

vehjs lvknr fu'kka ehjckadh AA2AA

cqon [kSj ckadh pq'kkys cukbl

b;ka 'kqn dh xqQ~re&cqon [kSj ckdhAA3AA

bldk fgUnh vuqokn bl izdkj gksxk&

^^ckcj 'kkg dh vkKk ls] ftlds U;k; dh /otk vkdk'k rd igqaprh gqbZ

gS] usd fny ehjckdh us QfjLrksa ds mrjus ds fy,] ;g LFkku cuk;k gSA

mldh dik lnk cuh jgsA fd cqon [kSj ckdhA

^cqon [kSj ckdh* bl okD; ls bl efLtn ds fuekZ.k dh frfFk 935

fgtjh ¼1528 bZ-½ Hkh fudy vkrh gSA**

efLtn ds ckgj okys ¼izos'k }kj ds Åij½ vfHkys[k dh dsoy 6

iafDr;kWa fdlh rjg i<+h tk ldrh gSa ckdh vc viBuh; gks x;h gSaA

fgUnh fyfi esa bl vfHkys[k dk ikB bl izdkj gS&

c ukes vkSfd nkukgLr vdcj

fd [kkfyd tqeyk vkye ykedkuh

nq:ns eqLrQk cknt lrk;'k

fd ljnj vEcs;k;s nkstgkuh

4360

Qlkuk nj tgka ckcj dyanj

fd 'kqn nj nkSj xsrh dkejkuh

bl vfHkys[k esa dze'k% bZ'oj ¼[kqnk½] gtjr eqgEen rFkk ckcj

dh iz'kalk dh x;h gSA igys 'ksj esa dgk x;k gS & lEiw.kZ txr dk

lf"VdrkZ ¼bZ'oj½ Lo;a fuokl jfgr gSA nwljs 'ksj esa gtjr eqgEen dks

nksuksa tgku rFkk iSxEcjksa dk ljnkj dgk x;k gSA rhljs 'ksj esa ckcj dks

dyanj dgdj mldh iz'kalk dh x;h gS fdUrq vxyh nks iafDr;ka ¼tks

viBuh; gSa½ ds fcuk mldk lkQ vFkZ ugha fudyrkA

ckcj ds le; rd v;ks/;k dh izfr"Bk cgqr c<+ x;h Fkh Hkxoku

jke dh tUeHkwfe Hkkjrh; ;kf=;ksa ds vkd"kZ.k dk eq[; dsUnz cu pqdk Fkk

lEHkor% LFkkuh; eqlyekuksa ds HkM+dkus ls gh ckcj us bl eafnj dks

rksM+ok dj efLtn cuokus dh vkKk nh gksxh D;ksafd fgUnw rhFkZ ;k=h ds

dsUnz ds :i esa bldk fodkl eqlyeku ihjks&Qdhjksa dh vka[k esa pqHkus

yxk FkkA LFkkuh; ijEijk Lohdkj djrh gS fd ihj Qty vCckl ewlk

vkfldku us ckcj dks blds fy, HkM+dk;k fd og eafnj dks rksM+ok dj

ogka efLtn cuok;sA bl Qty vCckl ewlk vkfldku dh dcz vHkh Hkh

Jhjke tUeHkwfe ds if'pe&nf{k.k djhc vk/ks fdyksehVj dh nwjh ij gSA

bl dcz esa iwoZ eafnj ds oSls gh nks LrEHk yxs gSa tSls fd pkSng LrEHk

efLtn esa yxs gSaA

mi;qZDr vfHkys[k rFkk ihj dh dgkuh ls bruk Li"V gks x;k gS

fd ihj Qty vCckl ewlk vkfldku ds HkM+dkus esa vkdj ckn'kkg ckcj

us vius lwcsnkj ehjckdh dks Jhjke tUeHkwfe efUnj fxjkdj ogka efLtn

cuokus dk vkns'k fn;k ftlus vkns'k dk ikyu fd;k vkSj eafnj dks

/oLr djds efLtn dk fuekZ.k djk;kA ckcjukesa ftl vof/k ¼2 vizSy

1527 ls 18 flrEcj 1528½ ds iUus xk;c gSa mlh vof/k esa dHkh efUnj

dks fxjkdj efLtn cuokus dk dke lEiUu gqvk gksxkA ckcj us fu'p;

gh lkjh dgkuh dks viuh Mk;jh esa fy[kk gksxk fdUrq ckn esa mlds oa'k

ds gh fdlh O;fDr us ml fgLls dks fudky fn;k gksxk D;ksafd ckcj dk

og fooj.k Hkkjr esa eqxy lYrur ds fy, gkfudj fl) gks ldrk FkkA

Qdhj dh dkjLrkuh& ,sfrgkfld nLrkostksa esa rks tUe Hkwfe dh

rkRdkfyd fLFkfr rFkk ihjksa&Qdhjksa dh Hkwfedk dk dksbZ mYys[k ugha

feyrk fdUrq LFkkuh; Jqfr ijEijk esa lkjh dgkuh cgqr dqN lqjf{kr gSA

4361

ckcj ftl le; v;ks/;k vk;k Fkk ml le; tUeHkwfe ij egkRek

';kekuUn th jgrs FksA efUnj dh ns[k&js[k mUgha ds ftEes FkhA lekt esa

mPpdksfV ds fl) lUr ds :i esa mudh [;kfr FkhA ;s lPps lk/kq Fks

rFkk ÅWap&uhp dh Hkkouk ls eqDr FksA muds f'k";ksa esa vusd eqlyeku

Hkh FksA crk;k tkrk gS fd Qty vCckl muds lkfUu/; esa vkdj jgus

yxkA mlh le; ,d vkSj Qdhj tyky'kkg Hkh ogha vk x;kA Jhjke

tUeHkwfe dh izfr"Bk dks ns[kdj bu nksuksa Qdhjksa us lkspk vxj ;g

LFky muds dCts es vk tk; rFkk ;gka efUnj ds ctk; efLtn [kM+h gks

tk; rks Hkkjr esa bLyke dh /kkd rks te gh tk;sxh mlds foLrkj dk

Hkh etcwr vk/kkj fey tk;sxkA bu Qdhjksa ds lkeus fu'p; gh cgjkbp

dk mnkgj.k jgk gksxk tgka ckykdZdq.M uked Hkkjrh; rhFkZ dks iVok

dj ml ij lS;~;n lkykj elwn dk edcjk cuok fn;k x;k ysfdu

fQj Hkh yk[kksa fgUnw dq.M dh txg ml edcjs dks iwtus yxsA bu

Qdhjksa dks fo'okl Fkk fd ;fn ;gka efLtn cu tk; rks eqlyekuksa ds

vykos cgqla[;d fgUnw Hkh mudh 'kj.k esa vkus yxsaxsA nSo;ksx ls ,sls

volj ij ckcj v;ks/;k vk x;kA fQj D;k Fkk bu Qdhjksa us vU;

LFkkuh; eqlyekuksa dks feykdj ckcj dks ck/; djds viuh eupkgh

djok yhA ,slh Hkh tuJqfr gS fd fl) LFkyh tkudj Qdhj Hkh

tUeHkwfe ij cSBuk pkgrs FksA ewlk vkfldku Hkh fuR; tUeHkwfe efUnj esa

tkdj cSBk djrk FkkA ,d fnu fdlh us mls eafnj ls mBkdj ckgj dj

fn;k ftlls mlus 'kiFk fy;k fd og bl efUnj dk /oLr djokdj

NksM+sxkA tks Hkh lR; gks og vius ladYi dks iwjk djus esa lQy jgk

ftldk izek.k mldh dcz esa ysxk /oLr efUnj dk LrEHk gSA v;ks/;k esa

izpfyr lkjh fdaonfUr;ka efUnj rksM+okus dk eq[;nks"kh /kekZa/k eqfLye

Qdhjksa dks gh ekurh gSA eqlyeku Hkh ;gh ekurs gSa fd Qdhjksa ds

dqpdz esa iM+dj ckcj us ;g iki fd;kA ^rkjh[k ikjhuk enhurqy

vkSfy;k* uked mnwZ ds xzaFk esa Hkh Qdhjksa vkSj ehjckdh dks bl dk;Z dk

ftEesnkj Bgjk;k x;k gSA bl Qdhj us ckcj dks dSls izHkkfor fd;k

bldh Hkh ,d dgkuh gS tks ifjf'k"V esa nh x;h gSA

tUeHk wfe dk i z F ke jDrk f H k " k sd

iqtkfj;ksa dk jDrnku& Qdhjksa dk "kM~;U= vR;Ur xksiuh; Fkk fdUrq

';kekuUn th dks vius f'k";ksa dh dkjLrkuh dh Hkud yx x;h FkhA vc

4362

mUgsa irk pyk fd eqfLye lsuk eafnj dks dHkh Hkh /oLr dj ldrh gS

D;ksafd ckn'kkg dk ,slk vkns'k fey x;k gS rks mUgksaus eafnj dh cM+h

izfrek dks lj;w esa Mky fn;k vkSj NksVh izfrek dks ysdj mRrjk[k.M dh

vksj fudy x;sA ysfdu efUnj ds vU; iqtkfj;kas rFkk HkDrksa us izk.k jgrs

eafnj dh j{kk djus dk ladYi fy;kA tc 'kkgh dqed efUn ds }kj ij

igaqph rks iqtkfj;ksa us jkLrk jksd fy;kA /kekZU/k vkdzkedksa us rqjUr mudk

f'kj dkV fy;kA Jhjke tUeHkwfe dh pkS[kV igyhckj 'kghnksa ds jDr esa

Mwc x;hA ewfrZ Hkatdksa dh mUeknh HkhM+ vUnj ?kql x;h ysfdu ogka mUgsa

dksbZ izfrek ugha feyhA ckgj fudy dj rksiksa dh ekj ls mUgksaus efUnj

dks tehu ij lqyk fn;kA eafnj dks fxjkus dh [kcj vkx dh rjg

vkl&ikl ds bykdksa esa QSy x;hA iz'kklu us iwjh pqLrh cjrh fd

mRrsftr fgUnw v;ks/;k u igqapus ik;sa ysfdu fQj Hkh cM+h la[;k esa yksx

;gka /keZ dh osnh ij viuh izk.kkgqfr nsus ds fy, igqapsA ijEijk ds

vuqlkj efUnj dks /oLr djus ds fojks/k esa ,d yk[k fNgRrj gtkj

fgUnw ekjs x;sA ;g la[;k vfr'k;ksfDriw.kZ gks ldrh gS fdUrq ,slk ugha

gS fd ehjckdh us fufoZjks/k viuk dk;Z lEiUu dj fy;k gksA Hkkjh [kwu

[kjkcs ds ckn gh og 'kkgh vkns'k dks iwjk djkus esa lQy gks ldrk

gksxkA fdlh ys[kd dk ;g dFku lgh gS fd tyky'kkg us fgUnqvksa ds

[kwj dk xkjk cukdj ml ij y[kSjh bZaVksa dh uhao efLtn cuokus ds

fy, nhA ;g lgt vuqeku dk fo"k; gS fd fgUnw leqnk; us ;ksa gh

eafnj dh txg efLtn ugha cu tkus fn;k gksxk ysfdu rRdkyhu la?k"kksaZ

dh dgkuh tkuus dk dksbZ ,slk vk/kkj ugha gS ftlls izkekf.kd C;kSjk

fn;k tk ldsA

egrkc fl ag dk cfynku& ijEijk ds Kkr dgkfu;ksa ds vuqlkj

ftl le; ehjckdh efUnj dks /oLr djus pyk mlh le; HkhaVh

fj;klr ds jktk egrkc flag ¼QStkckn ftys ds vUrxZr v;ks/;k ls 40

fdeh0 iwoZ&nf{k.k½ cnzhukFk /kke dh rhFkZ;k=k ds dze esa v;ks/;k igaqpsA

tc mUgsa bl ?k`f.kr iz;kl dh lwpuk feyh rks mUgksaus rhFkZ ;k=k dk

vfHk;ku NksM+k vkSj Jhjke tUeHkwfe dh j{kk ds vfHk;ku esa tqV x;sA

mUgksaus vius vknfe;ksa ls dgk fd cnzh/kke ugha vc LoxZ/kke ds ;k=k

dh rS;kjh djuh gSA mUgksaus ftruk tYnh gks ldk vius vknfe;ksa dks

cVksjk vkSj tUeHkwfe dh j{kk ds fy, VwV iM+s ysfdu 'kkgh lsuk lrdZ

4363

FkhA crk;k tkrk gS fd jktk egrkc flag us lRrjg fnuksa rd ?kksj

laxzke fd;kA bl /keZ;K esa mUgksaus iwjh lsuk lesr viuh vkgqfr ns nhA

os tkurs Fks fd 'kkgh lsuk dk eqdkoyk vklku ugha gS ysfdu 'kjhj esa

izk.k jgrs mUgksaus eafnj dks ,d [kjksap ugha yxus nhA** ¼ist 432&438½

^ ^e q fDr d s fy, g q, [k wu h l a? k " k Z

¼ 1528l s 1947 b Z - rd½

jktk egrkc flag Jhjke tUeHkwfe eafnj dh j{kk rks ugha dj lds

ysfdu muds cfynku ls mBh vkx ls reke Hkkjrh; ohjksa dk [kwu mcy

mBkA lhfer 'kfDr] NksVh rkdr gksus ds ckotwn ;s ohj yxkrkj 'kkgh

lsuk ls Vdjkrs jgs vkSj e;kZnk iq#"kksRre ds vkn'kksZ dh osnh ij viuh

izk.kkgqfr nsrs jgsA egrkc flag ds ckn ckcj ds ek= nks o"kksZ ds lhfer

'kkludky esa Jhjke tUeHkwfe dh eqfDr ds fy, rhu cM+s la?k"kZ gq,A vkSj

mlds ckn rks vdcj ds le; rd yxkrkj rc rd la?k"kZ gksrs gh jgs

tc rd fd Hkkjrh;ksa dks efLtn izkax.k esa iwtk djus dk vf/kdkj ugha

fey x;kA vdcj dh 'kkafrfiz; /kkfeZd uhfr ds dkj.k ruko de gq,

ftlds ifj.kke Lo:i tgkaxhj rFkk 'kkgtgka ds le; 'kkafr jghaA fdUrq

dV~VjiaFkh vkSjaxtsc ds 'kkga'kkg curs gh fLFkfr cny x;hA mlus ml

pcwrjs dks gh [kqnok Mkyk tgka fgUnw iwtk ikB djrs FksA vafre [kwuh

laÄ"kZ vaxzstksa ds 'kklu dky esa 1934 esa gqvkA ckcj ds le; ls ysdj

LorU=rk izkfIr ds le; rd gq, izeq[k la?k"kksZ dk fooj.k uhps fn;k tk

jgk gSA

e qxydky

n so hnhu ik.M s; dk i zgkj& vHkh efLtn cu ugha ikbZ Fkh fd ia0

nsohnhu ik.Ms; us vkl&ikl ds {kf=;ksa dks yydkjk vkSj tUeHkwfe ij

VwV iM+sA if.Mr nsohnhu ik.Ms; v;ks/;k ls 1 fdeh0 iwoZ fLFkr xzke

lusFkw ds fuoklh crk;s tkrs gSaA os iqjksfgr FksA mUgksaus vkl&ikl ds

fj;klrksa ds {kf=; ohjksa dks laxfBr fd;k vkSj 'kkgh lsuk ij ,dk&,d

geyk dj fn;kA if.Mr nsohnhu 'kkL= ds gh ugha 'kL= ds Hkh if.Mr

FksA muds vkdfLed izgkj ls ,d ckj rks ehjckdh ?kcM+k x;kA ysfdu

fQj tedj ;q) gqvkA iakp fnu rd ;q) ds ckn NBs fnu ehjckdh ds

vaxj{kd }kjk Qsadh x;h ,d bZaV if.Mr th ds flj esa yxh mUgksaus f'kj

dks ixM+h ls dl dj cka/kk vkSj nwus mRlkg ls ryokj pykus yxsA

4364

mUgksaus ,d gh okj esa bZaV pykus okys vaxj{kd dk f'kj /kM+ ls vyx

dj fn;k vkSj ?kksM+s dks ,M+ yxkdj lh/ks ehjckdh ds gkSns ij geyk

fd;k tks gkFkh ij lokj FkkA ehjckdh okj cpkdj gkSns esa fNi x;k

vkSj mlesa ls mlus nsohnhu ij cUnwd ls xksyh pyk nhA bl xksyh ds

vk?kkr ls tUeHkwfe dh /kjrh ij cfynku gksus dk mudk ladYi iwjk

gqvkA muds 'ko dk vafre laLdkj fcYogfj?kkV ¼v;ks/;k ls vdcjiqj

ekxZ ij iwjk cktkj ds fudV½ ij gqvkA Jhjke tUeHkwfe ds izFke

jDrjaftr bfrgkl ds ys[kd iaf.Mr jkexksiky ik.Ms; ^'kkjn* ds

vuqlkj if.Mr nsohnhu dk ;g geyk 3 twu 1528 dks gqvk Fkk vkSj

mudk cfynku 9 twu 1528 dks fnu ds nks cts gqvkA buds oa'kt

mi;qZDr lusFkw xzke ds bZ'ojh ik.Ms; ds iqjok esa vc Hkh ekStwn gSaA

jk.k k j.k fot; fl ag dk geyk& if.Mr nsohnhu dh eR;q ds ek=

nks lIrkg ckn galoj ¼;g fj;klr Hkh QStkckn ds iwokZapy esa fLFkr gS½

ds jktk j.kfot; flag us Hkkjh lsuk ysdj tUeHkwfe ij vf/kdkj ds fy,

geyk fd;kA nl fnu dh eqBHksM+ esa bl jktk us Hkh vius lHkh lSfudksa

ds lkFk bl ifo= /kjrh dks vius jDr ls lhapdj LoxZ ds fy, izLFkku

fd;kA

fL=;k a H k h ihN s ugh a jgh a & ladV dh ?kM+h esa jktiwrkusa dh

{k=kf.k;ka vkRegR;k dk jkLrk ¼tkSgj½ viukrh jgh gSa ysfdu v;ks/;k dh

{k=kf.k;ksa us vius ifr dh vkgqfr dk cnyk ysus ds fy, Lo;a yksgk

vius gkFk esa mBk;k vkSj ydM+h dh vkx esa ugha j.k dh vkx esa dwndj

tkSgj fd;kA

mi;qZDr galoj ujs'k j.kfot; flag dh LoxZ;k=k ds ckn mudh

iRuh jkuh t;jkt dqekjh us vius ifr ds ladYi dks iwjk djus dk chM+k

mBk;kA bl ohjckyk us rhu gtkj fL=;ksa dks laxfBr djds ukjh&lsuk

cuk;h vkSj 'kkgh lsuk ds lkFk Nkik&ekj ;q) 'kq: fd;kA t;jkt

dqekjh dk geyk yxkrkj gqek;wWa ds le; rd tkjh jgkA crk;k tkrk gS

fd gqek;wWa ds le; esa bl jkuh us ,d ckj rks 'kkgh lsuk dks [knsM+dj

tUeHkwfe ij dCtk dj fy;k fdUrq FkksM+s gh le; esa ubZ 'kkgh dqed vk

x;h vkSj mlds lkFk yM+rs gqbZ bl ohjkaxuk us Hkh vius jDr dks vius

ifr dh jDr/kkjk esa feykdj viuk ladYi iwjk fd;kA

bl ;q) esa jkuh ds xq# lU;klh Lokeh egs'ojkuUn th Hkh

4365

'kkfey jgsA viuh f'k";k ds lkFk yM+rs gq, mUgksaus Hkh 'kkgh lsuk dks

Hkkjh {kfr igqapkdj ohjxfr izkIr dhA

lk/ k qvk s a dk igyk geyk& egs'ojkuUn dh eR;q ls bl vapy ds

lk/kq lU;kfl;ksa esa Hkh tks'k Hkj mBkA egs'ojkuUn ds ckn Lokeh

cyjkekpkjh us ;q) dks vkxs c<+k;k mUgksaus u dsoy lk/kq lU;kfl;ksa

dks ,d= fd;k cfYd xkao&xkao ?kwedj fgUnqvksa dh ,d tcjnLr lsuk

rS;kj dhA bUgksaus dbZ geys fd;sA ijEijk ds vuqlkj bUgksaus djhc chl

ckj geyk fd;kA dbZ ckj os tUeHkwfe ij vf/kdkj djus esa lQy jgs

fdUrq mudh lQyrk LFkkbZ ugha gks ikrh FkhA u;h 'kkgh dqeqd ds vk

tkus ij mUgsa Hkkxuk iM+rkA fQj Hkh cyjkekpkjh us v;ks/;k {ks= ds iwjs

vWapy esa ,slh psruk yxk nh Fkh fd Jhjke tUeHkwfe ds fy;s izk.kksRlxZ

djus ds fy;s mRlqd ohjksa dh Vksyh us eqxy 'kklu dks rax dj fn;kA

efLtn d s vk axu e s a ef Unj& ;g Lokeh cyjkekpkjh ds 'kkS;~;Z dk

ifj.kke Fkk fd rRdkyhu eqxy ckn'kkg vdcj dks efLtn ds izkax.k esa

efUnj Lohdkj djuk iM+kA crk;k tkrk gS fd Lokeh cyjkekpkjh us gh

yM+ fHkM+dj vdcj ls efLtn ds izkax.k esa ,d pcwrjk cuokus dk

vf/kdkj ys fy;k ftl ij [kl dh VfV~V;ksa dk rhu fQV ÅWapk ,d

eafUnj cuok;k x;kA cyjkekpkjh dks ;g vf/kdkj fnykus esa vdcj

dh /kkfeZd mnkjrk ds lkFk&lkFk mlds nks njckjh jRuksa jktk VksMjey

rFkk ohjcy ds lg;ksx us Hkh dke fd;kA mlh LFky ij vc Hkh NksVk

lk efUnj gS ftlesa iwtk ikB gksrk gSA

i wtk Hk h vtku Hk h& vdcj ds le; ls fgUnw vkSj eqlyeku nksuksa

bl Hkou esa leku :i ls vkus&tkus yxsA eqlyeku izk;% 'kqdzokj

¼tqek½ dks Hkhrj vkdj uekt vnk djrs Fksa fgUnw ckgjh pcwrjs ij fuR;

iwtk&ikB n'kZu djrs Fks vkSj vius mRlo vkfn eukrs FksA bl le; ;g

efLtn ckcjh efLtn ds vykos tkek efLtn ;k efLtn tUeLFkku Hkh

dgykrh FkhA

'k k afr rFk k ln ~ H k ko dk dky& 1528 esa efUnj dh txg efLtn ds

fuekZ.k ls uQjr dh tks nhoky [kM+h gqbZ Fkh vdcj ds le;

¼1556&1605 ds e/;½ og cgqr dqN <g x;h vkSj 'kkgtgkWa ds le; rd

¼1627&1658 bZ-½ ln~Hkko vkSj 'kkafr dk okrkoj.k cuk jgkA djhc 69&70

o"kZ dh bl vof/k esa tUeHkwfe ds fy, fdlh la?k"kZ dk irk ugha pyrkA

4366

fgUnw J)k ls bl Hkwfe ij vkrs Fks vkSj iwtk&ikB djrs FksA eqlyeku

izfr tqes dks uekt i<+us vkrs Fks ysfdu fgUnqvksa ds efUnj dh vksj ls

twrk igudj ugha tkrs FksA ;|fi eqfLye Qdhjksa dks ;g ckr [kVdrh

Fkh ysfdu 'kklu dk :[k fHkUu ns[kdj os Hkh dksbZ dne mBkus dh

fgEer ugha j[krs FksA fdUrq tc 'kkgtgka ds ckn vkSjaxtsc eqxy

flagklu ij cSBk rks ?kekZU/k Qdhjksa us fQj viuh pky pyuh 'kq: dj

nhA ftu Qdhjksa us usdfny ckcj dks efUnj rksM+us rd ds fy, etcwj

dj fn;k muds fy, vkSjaxtsc dks /kekZU/krk ds jax ij ykus esa fdruh

nsj FkhA

vk S j axt sc dk dky % fQj l a? k " k Z fNM +k

Hkkjrh; ¼fgUnw½ LoHkkor% lfg".kq gksrs gSaA os NksVs ls pcwrjs dks ysdj

lUrq"V FksA os efLtn esa Hkh vius jke dks fojkteku ekurs FksA eqfLye

uekt ls Hkh mUgsa dksbZ fp<+ ugha FkhA ysfdu bLykeh dV~VjiaFk;ksa dks

efLtn ds izkax.k esa ?kaVk] ?kfj;kfy;ksa] 'ka[k rFkk dhrZu dh xwWat rfud

ugha lqgkrh FkhA tc vkSjaxtsc tSlk dV~Vj bLykeh 'kkld eqxfy;k

r[r ij vklhu gqvk rks bu dV~VjiafFk;ksa us fnYyh njckj esa igqapdj

ckn'kkg ls Qfj;kn dhA crk;k tkrk gS fd vkSjaxtsc us vkns'k Hkstk fd

fgUnw efLtn esa dksbZ /kkfeZd mRlo u djsaA mlus vius fliglkykj

tkackt [kka dks lsuk ds lkFk v;ks/;k HkstkA ysfdu ;gka Hkh cSjkxh o

fgUnw fj;klrksa ds {kf=; lrdZ FksA ml le; leFkZ xq# jkenkl ds

f'k"; ckck oS".ko nkl v;ks/;k ds vfgY;k?kkV LFkku ij fLFkr ij'kqjkeB

esa vklu tek;s FksA muds lkFk gtkjksa fpeVk/kkjh lk/kqvksa dk tRFkk FkkA

ckck oS".ko nkl ds lkFk xqIrkjx<+h ds l'kL= lk/kqvksa dk ,d ny Hkh

rS;kj [kM+k FkkA ^^'kkjn** th ds bfrgkl ds vuqlkj fgUnw jtckM+ksa rFkk

ckck oS".konkl ds fpeVk/kkjh lk/kqvksa us moZlh dq.M ds ikl tkackt [kka

dh lsuk dk eqdkcyk fd;k vkSj mls ekj Hkxk;kA

crk;k tkrk gS fd bl ijkt; ds dkj.k vkSjaxtsc us tkackt [kka

dks gVk fn;k vkSj mldh txg lS;~;n glu vyh dks fu;qDr fd;kA

lS;~;n glu vyh ,d cgqr cM+h lsuk ysdj rksi[kkuksa ds lkFk v;ks/;k

ds fy, jokuk gqvkA oS".ko nkl dks tc bldh [kcj feyh rks mUgksaus

fl[k xq: xkfoUn flag dks i= fy[kdj v;ks/;k cqyok;kA xksfcUn flag

QkSju ;gka igqapsA lS;~;n glu ds eqdkcys ds fy, fgUnw lsuk ds rhu

4367

Hkkx dj fn;s x;s vkSj 'kkgh lsuk dk eqdkcyk rhu LFkkuksa&#nkSyh

¼QStkckn&ckjkcadh lhek ij½] lvknrxat ¼QStkckn uxj dk if'peh

ukdk½ rFkk tkyik ¼v;ks/;k dh orZeku nw/k Ms;jh ds ikl½ ij djus dk

fu'p; fd;kA lvknrxat esa fl[kksa dk nLrk [ksrksa ds ikl fNi x;kA

¼crk;k tkrk gS blds ikl NksVk lk ,d rksi[kkuk Hkh Fkk½ {kf=;ksa dk

nLrk #nkSyh esa tk MVkA oS".ko nkl dk fpeVk/kkjh fxjksg tkyik ds

ikl ljirksa dh >qjeqV esa te x;kA 'kkgh lsuk ij igyk izgkj #nkSyh

esa gqvkA rc rd eqxy lSfud laHkyrs {kf=; ekjdkV dj Hkkx fudysA

'kkgh lsuk tc lvknrxat igaqph rks fl[kksa us /kkok cksy fn;kA ihNs ls

{kf=;ksa us Hkh geyk dj fn;kA bl nqgjs geys esa 'kkgh lsuk rgl&ugl

gks x;h vkSj lS;~;n glu vyh [kka Hkh ekjk x;kA xq: xksfoUn flag

v;ks/;k esa FkksM+s fnu czg~e?kkV ij Bgjs Fks tgka dHkh xq# ukud nso Hkh

i/kkjs FksA

Jhjke tUeHkwfe ij fgUnqvksa dk lcls cM+k mRlo jke&tUe dk

gqvk djrk FkkA ml le; yk[kksa lk/kq rFkk x`gLFkksa dh mifLFkfr esa

LFkkuh; dV~VjiaFkh eqlyeku dqN ugha dj ikrs Fks ysfdu os ckn'kkg ds

dku vo'; Hkjrs jgrs FksA varr% 1664 esa vkSjaxtsc Lo;a ,d cM+h lsuk

ds lkFk v;ks/;k vk;k vkSj tUeHkwfe ij geyk cksy fn;kA bl geys esa

fgUnqvksa ds iSj ugha fVd ldsA rRdkyhu iqtkjh izfrek ysdj Hkkx [kM+s

gq,A vkSjaxtsc dh lsuk us pcwrjs ij [kM+s Qwl ds eafnj dks uksp Mkyk

vkSj pcwrjs dks [kksndj xM~<k dj fn;kA ;g fouk'kyhyk vkB fnuksa rd

pyrh jghA vkSjaxtsc us v;ks/;k ds nks vkSj fo".kq eafnjksa dks fxjokdj

ogka efLtnsa dk;e dj nhA tUeHkwfe ij >ksiM+h j[kdj iwtk djus dk

Hkh vf/kdkj fgUnqvksa dks ugha jg x;kA

crk;k tkrk gS fd ckck oS".konkl th ds lkFk nl gtkj

fpeVk/kkjh lk/kq jgk djrs FksA vkSjaxtsch 'kkludky esa os yxkrkj 'kkgh

lsuk dh ukd es ne fd;s jgs ysfdu var esa budk D;k gqvk irk ugha

pyrkA

uokch jkt

vkSjaxtsc ds ckn fnYyh lYrur detksj gksrh pyh x;hA vo/k

ds lwcs esa Hkh LFkkuh; fj;klrsa LorU= gks x;h FkhA fnYyh ds ckn'kkg

eqgEen'kkg us vius fjLrsnkj lvknr [kka eqgEen vehu cqjgkuqyeqYd

4368

dks ¼flrEcj 1722½ vo/k dk lwcsnkj cukdj HkstkA mlus lwcsnkjh cpkus

ds fy, vo/k ij geyk fd;kA vesBh ¼lqYrkuiqj ftys dh ,d fj;klr½

ds jktk xq:nRr flag us uokc dk eqdkcyk fd;kA bl ;q) esa lwcsnkj

fot;h jgk fgUnw laxBu fNUu&fHkUu gks x;kA

fgUn qvk s a dk s i wtk vp Zuk dk fQj vf/ kdkj feyk

vesBh ds jktk xq#nRr flag rFkk fiijk ds jktk jktdqekj flag us

lvknrvyh [kka ds le; esa Hkh jhjke tUeHkwfe ij vf/kdkj ds fy,

laÄ"kZ tkjh j[kkA cSjkxh lk/kq Hkh chp&chp esa geyk dj fn;k djrs FksA

blls vkftt vkdj mlus Jhjke tUeHkwfe ij fgUnqvksa dks igys dh

rjg iwtk ikB dk vf/kdkj ns fn;kA bldk mYys[k xtsfV;jksa esa vk;k

gSA duZyg.V us fy[kk gS fd fgUnqvksa ds geys ls Åcdj uokc us

efLtn esa fgUnqvksa dks Hkh iwtk&ikB djus dh btktr ns nh rc tkdj

dqN >xM+k 'kkUr gqvkA

lvknrvyh[kka ds ckn mldk nkekn vcqyealwjvyh[kka

^lQnjtax* vo/k dk lwcsnkj ¼1739 bZ-½ cukA mlds le; esa v;ks/;k esa

'kkfUr cuh jghA lQnjtax ds ckn mldk csVk lqtkmn~nkSyk vo/k dk

uokc gqvk ¼6 vDrwcj 1754½A lQnjtax ds eU=h uoy jk; rFkk

lqtkmn~nkSyk ds eU=h ckyd`".k nksuksa /kkfeZd izd`fr ds FksA muds dky esa

fdlh rjg dk lkEiznkf;d oSeuL; ugha [kM+k gqvkA lqtkmn~nkSyk us

v;ks/;k ls if'pe gVdj ,d u;s uxj dh uhao Mkyh ftldk uke

QStkckn j[kk x;kA ¼bl le; QStkckn tuin dk eq[;ky; gS½A blls

igyh ckj iz'kklfud eq[;ky; v;ks/;k ls f[klddj QStkckn x;kA

lqtkmn~nkSyk ds ckn mlds csVs vklQqn~nkSyk us ¼1775 bZ-½ esa viuh

jkt/kkuh QStkckn ls gVkdj ogka ls 120 fdeh- if'pe y[kuÅ esa

cuk;kA vklQqn~nkSyk dks Hkh fVdSr jk; tSls ;ksX; eaU=h dk lg;ksx

feykA fVdSr jk; us fgUnw&eqfLye ln~Hkko dh LFkkiuk esa vHkwr&iwoZ

;ksxnku fd;kA fVdSr jk; ds iz;Ruksa ls gh orZeku guqekux<+h cuh FkhA

uokc us mlds fy, iwjk lg;ksx fd;k FkkA blh dky esa tUeHkwfe ij

efLtn izkax.k esa og pcwrjk fQj cuk ftls vkSjaxtsc us [kqnok fn;k FkkA

uokcksa ds dky esa lkEiznkf;d ln~Hkko iwjh rjg cuk jgk fdUrq uokc

ulh#n~nhu gSnj ds 'kkludky ¼1827&37 bZ-½ esa Jhjke tUeHkwfe dks iqu%

iwoZ :i nsus dh dksf'k'k gqbZA edjgh ds rkyqdsnkj ds usrRo esa fgUnqvksa

4369

dh HkhM+ us rhu ckj tUeHkwfe ij geyk cksykA vfUre ckj os efLtn ij

dCtk djus essa lQy Hkh gks x;s fdUrq ek= rhu fnuksa ckn 'kkgh lsuk us

fQj muls efLtn Nhu yhA

ok ftnvyh'k kg d s le; fgUn w&e q f Lye l a? k " k Z

uokc okftnvyh'kkg ds 'kkludky esa ¼lu~ 1855bZ-½ xqyke gqlsu

uked ,d lqUuh Qdhj us naxk djk fn;kA foMEcuk ;g fd ;s xqyke

gqlSu lkgc guqekux<+h ij iyrs FksA ;s guqeku th ds lkeus rqjgh

ctk;k djrs FksA fdlh ckr dks ysdj mldk egkUr ls fookn gks x;k

bl ij mlus lqUuh eqlyekuksa dks ;g dgdj HkM+dkuk 'kq: dj fn;k

fd guqekux<+h ds Hkhrj vkSjaxtsc us tks efLtn cuokbZ Fkh mls oSjkfx;ksa

us fxjk fn;k gSA eqlyeku mlds cgdkos esa vk x;s vkSj laxfBr gksdj

guqekux<+h ij geyk cksy fn;k ysfdu guqekux<+h ds lk/kq Hkh laxfBr

FksA mudh ekj ds vkxs eqlyeku Hkkx pysA lk/kqvksa us mudk ihNk

fd;k os lc tkdj tUeHkwfe efLtn esa fNi x;sA lk/kqvksa us efLtn dk

QkVd rksM+ MkykA nksuksa vksj ls te ds la?k"kZ gqvkA bl la?k"kZ esa 11

lk/kq rFkk 75 eqlyeku ekjs x;sA

v;ks/;k ds rRdkyhu dksroky fejtk equhecsx us >xM+k fuiVkus

dh cgqr dksf'k'k dh ysfdu ukdke;kc jgsA la?k"kZ ds ckn uk;c

dksroky ukflj gqlSu us lHkh 'koksa dks ,d gh txg nQu dj fn;kA

ok ftnvyh dh fu"i{krk& v;ks/;k esa gqbZ bl ekjihV dh Qfj;kn

eqlyekuksa dh vksj ls uokc okftnvyh'kkg ds lkeus dh x;h muls

dgk x;k fd fgUnqvksa us efLtn dk njoktk <gk fn;k gS blfy;s mUgsa

efLtn esa vkus ls jksd fn;k tk; rFkk muds pcwrjs dks gVok fn;k

tk;A ;g ckcjh efLtn gS mlesa ewfrZiwtk ugha gksuh pkfg;sA ckn'kkg us

vius njckfj;ksa ls lykg e'kfojs ds ckn eqlyekuksa dh nj[kkLr ij ,d

'ksj fy[k fn;k&

ge b'd ds cUns gSa etgc ls ugha okfdcA

xj dkck gqvk rks D;k cqr[kkuk gqvk rks D;kAA

¼ge rks izse ds iqtkjh gS] etgc D;k gS ge ugha tkurs] pkgs efUnj gks

pkgs efLtn] esjs fy, nksuksa esa dksbZ QdZ ugha gS½A

t sg kn dh ?k k s" k . k k& mlds bl ,sfrgkfld QSlys dh prqfnZd eqDr

daB ls iz'kalkk gqbZA fdUrq dV~VjiaFkh eqlyeku bl QSlys ls vkSj

4370

ukjkt gq,A vesBh ds ehj&ekSyoh vehjvyh uked eqlyeku us dzks/k esa

Hkj dj Lo;a /keZ;q) ¼tsgkn½ djus dk fu'p; fd;kA mlus /keZj{kk ds

uke ij eqlyekuksa dk ,d fo'kky ny ltk;k rFkk Jhjke tUeHkwfe ij

fgUnqvksa dk pcwrjk vkSj Qwl dk efUnj /oLr djus ds fy, dwp fd;kA

uokc dh vksj ls eqlyekuksa dks jksdk x;k ysfdu os ugha ekusA uokc us

ns[kk fd eqlyeku ugha eku jgs gS rks vehjvyh dks jksdus ds fy,

mlus Hkh viuh ,d lSfud VqdM+h Hkst nhA b/kj fgUnw jktkvksa us Hkh

tsgkn dk eqdkcyk djus dh rS;kjh dhA #nkSyh ;k jkSukgh ds ikl

vehjvyh dh QkSt ds lkFk uokc dh QkSt dk eqdkcyk gqvkA fgUnw

lsuk Hkh igqap x;h FkhA bl ;q) esa vehjvyh ekjk x;kA fgUnqvksa dh

vksj ls HkhVh ds jktdqekj t;nRr flag Hkh bl vfHk;ku esa 'kkfey gq,A

bl ?kVuk dk fooj.k ^^enhurqy&vkSfy;k* uked xzUFk esa Hkh vk;k gSA

blds vuqlkj ^^ekSyoh vehj vyh tqek dh uekt i<+dj 170 vknfe;ksa

dks ysdj tsgkn ds fy, jokuk gq,A lu~ 1271 ls 1272 fgtjh rd

ok;nk eksfdn gqvkA tsgkn dk uke lqudj lSdM+ksa eqlyeku 'kjhd

ftgknhu ¼tsgkn esa 'kkfey½ gq,A rdjhcu nks gtkj dh tes;r gksxh tks

jkSukgh ds ikl tax djrs gq, 'kghn gq,A**

^xqexLrs gkykr v;ks/;k* us Hkh bl ?kVuk dk fooj.k fn;k gSA

blesa vehjvyh dks dlok vesBh ¼y[kuŽ dk fuoklh crk;k x;k gSA

uokc us mls vius vgydkj fetkZ equhe csx bR;kfn }kjk Qlkn djus

ls jksduk pkgk fdUrq og ugha ekukA vkf[kjhckj 1855 esa mlus tcnZLr

rS;kjh dh ftlesa laMhyk] jkeiqj rFkk nfj;kckn ¼ckjkcadh½ ds eqlyeku

rkyqdsnkjksa vkSj ekSyfo;ksa us gkFk caVk;kA ;g ns[kdj vaxzsth jsthMsalh ds

eq[;kf/kdkfj;ska us y[kuÅ ds uokc ls lEidZ fd;k fd vehjvyh vkSj

mlds lkFkh vkraddkfj;ksa dks jksdk tk;A uokc us 'kkgh Qjeku tkjh

djds mUgsa jksdk] ijUrq tc og ugha ekus rks var esa 'kkgh lsuk vkSj

vaxzstksa dh lsuk Hksth x;hA jktk 'ksjcgknqj flag rkYyqdsnkj dfeZ;j

xks.Mk dh Hkh ,d lsuk x;hA jktk 'ksjcgknqj flag dh lsuk us vehjvyh

ds lkfFk;ksa dk lQk;k fd;kA

fc z fV'k 'k kludky

1857 ds izFke Lora=rk laxzke ds ckn vo/k {ks= fczfV'k 'kklu

{ks= esa vk x;kA ;|fi bl dky esa tUeHkwfe ij dksbZ fookn ugha Fkk]

4371

eqlyeku gj 'kqdzokj dks viuh uekt vnk djrs Fks rFkk fgUnw pcwrjs

ij cus vius Qwl ds efUnj esa iwtk&ikB] ysfdu nksuksa Hkhrj&Hkhrj bl

dksf'k'k esa yxs jgrs Fks fd nwljs dk ogka ls fcYdqy lQk;k dj nsa]

blfy, fNViqV la?k"kZ gksrs jgrs FksA bZ- 1857 dk o"kZ ,slk jgk tc fd

fgUnw vkSj eqlyeku da/ks ls da/kk feykdj vaxzstksa ds fo#) ;q) esa yxs

FksA lkEiznkf;d }s"k dh [kkb;ka iV jgh FkhaA ,sls esa ;g LokHkkfod Fkk

fd eqlyekuksa dh vksj ls tUeHkwfe dk efLtn lesr iwjk {ks= fgUnqvksa dks

lkSai fn;s tkus dk izLrko vkrkA eqfLye usrk vehjvyh us

v;ks/;k&QStkckn ds lHkh eqlyekuksa dks ,d= djds mUgsa le>k;k fd

os gekjs lezkV cgknqj'kkg tQj dks viuk lezkV ekudj ftl rjg ;q)

dj jgs gSa mlls gesa Hkh vkxs c<+dj ,slk dqN djuk pkfg, ftlls

nksLrh vkSj etcwr gksA blds fy, t:jh gS fd JhjkepUnz th dh

tUeLFkyh fgUnqvksa dks lkSai nh tk;A okrkoj.k lkSgkn~;Z dk Fkk lHkh

eqlyekuksa us ,d Loj ls leFkZu fd;kA ysfdu tc vaxzstksa dk ;g irk

pyk rks os ?kcM+k x;sA os ugha pkgrs Fks fd fgUnw vkSj eqlyeku nksLr

cu tk;A bl le; v;ks/;k esa vaxzstksa ds fo#) la?k"kZ djus okyksa esa

ckck jkepj.knkl izeq[k FksA jketUeHkwfe ds gLrkUrj.k dh euksHkwfe rS;kj

djus esa mudh Hkh egRoiw.kZ Hkwfedk crk;h tkrh gSA vaxzstksa us "kM;U=

iwoZd vehjvyh rFkk ckck jkepj.knkl dks ckxh ?kksf"kr dj fn;k rFkk

18 ekpZ 1858 dks dqcsj Vhyk ij ,d beyh ds isM+ esa vehj vyh rFkk

ckck jkepj.knkl nksuksa dks Qkalh ns nh x;hA LFkkuh; turk cgqr fnuksa

rd bl beyh ds isM+ dh iwtk djrh jghA vaxzstksa us tc ;g J)k ns[kh

rks mlus bl beyh ds isM+ dks Hkh dVok fn;kA

jkuh foDVk sf j;k dk gLr{k si& tUeHkwfe vkSj ckcjh efLtn ds

fookn dh tkudkjh tc fczfV'k egkjkuh foDVksfj;k dks gqbZ rks mlus bl

efLtn dk ,d uD'kk vius ikl eaxk;k vkSj mlds vkaxu ds chp ,d

js[kk [khap nh vkSj vkns'k fn;k fd vkaxu ds chp esa bl js[kk ij ,d

nhoky [khap nh tk; eqlyeku vUnj uekt i<+sa] fgUnw ckgj ds pcwrjs

ij viuk iwtk ikB djsaA fczfV'k vf/kdkfj;kas us vkns'k dk ikyu fd;k

vkSj efLtn ds vkaxu esa djhc vkB fQV ÅWaph ,d nhoky [kM+h dj nh

x;h ftlesa chp&chp esa yksgs dh tkfy;ka yxk nh x;h rFkk yksgs ds gh

nks njokts yxk;s x;sA ;g nhoky vkt Hkh blh rjg cjdjkj gSA

4372

v ax z st h jkt e s a igyk n axk& vaxzsth jkt esa JhjketUeHkwfe dks

ysdj nks ckn naxk gqvk igyk 1912 esa nwljk 1934 esaA 1912 ds naxs esa

lSdM+ksa fgUnw vkSj eqlyekuksa dh tku x;hA bl naxs ds ihNs dkj.k

eqlyekuksa }kjk xk; dh dqjckuh crk;h tkrh gSA naxk cdjhn ds volj

ij HkM+dk FkkA cdjhn ds R;kSgkj ij vkerkSj ls eqlyeku dqjckuh nsrs

gSaa bl volj ij efLtn JhjketUeHkwfe esa uekt ds fy, eqlyekuksa dks

'kklu ls fo'ks"k vuqefr ysuh iM+rh Fkh tks izk;% fey tkrh FkhA crk;k

tkrk gS fd bl naxs ds nkSjku fueksZgh v[kkM+s ds rRdkyhu egkUr

ujksRrenkl th fnYyh x;s vkSj ok;ljk; dks v;ks/;k ys vk;sA mUgksaus

iwjh fLFkfr dk v/;;u djus ds ckn v;ks/;k dh iapdks'kh ifjdzek ds

Hkhrj i'kq gR;k fo'ks"kdj xksgR;k ij iwjh rjg ikcUnh yxk nhA

v ax z st h jkt e s a n wljk n ax k& vaxzstksa ds 'kkludky esa nwljk naxk

1934 esa gqvkA ;g Hkh dqjckuh dks ysdj gqvkA ;g naxk lcls vf/kd

Hk;adj FkkA bl naxs esa izR;{kn'khZ vHkh cgqr ls yksx v;ks/;k esa thfor

gSaA dqN ,sls Hkh yksx gSa ftudh bl naxs esa lfdz; Hkwfedk FkhA izR;{k

nf'kZ;ksa ds vuqlkj 24 ekpZ 1934 fnu eaxyokj dks nksigj ckn naxk

HkM+dkA ml fnu irk pyk v;ks/;k dsa nf{k.kh vapy esa fLFkr xkao

'kkgtgkaiqj esa dqjckuh gqbZ gSA lwpuk feyrs gh guqekux<+h ds dqN lk/kq

ogka igqapsA xkao ds eqlyekuksa us mudk eqdkcyk fd;kA ;g [kcj vkx

dh rjg v;ks/;k esa QSy x;hA vkxtuh vkSj ekjdkV dk cktkj xeZ gks

x;kA lqrgVh ¼jkedksV ds nf{k.k ,d eqgYyk½ ij ckck jkeljunkl

uked ,d igyoku lk/kq us ,d Qdhj dh gR;k dj nhA crk;k tkrk

gS ;s Qdhj uokcw'kkg Fks ftudh etkj vHkh Hkh cuh gSa naxs eas nksuksa i{kksa

dks {kfr igqaphA oSjkfx;ksa rFkk xgLFkksa dk ,d ny tUeHkwfe ckcjh

efLtn ij p<+ vk;k vkSj mlds xqEcnksa dks [kksn dj fxjk fn;kA geys

esa efUnj ds Hkhrj rhu eqlyeku ekjs x;sA bl ifjfLFkfr esa eqfLye

leqnk; dh f'kdk;r ij QStkckn ls jktdh; lsuk dh ,d VqdM+h

v;ks/;k Hksth x;hA iwjs uxj esa dQ~;wZ ykxw dj fn;k x;kA lSdM+ksa yksx

fxjQ~rkj fd;s x;sA fxjQ~rkj fd;s x;s yksxksa esa fojDr lk/kq vf/kd FksA

QStkckn ds fuoklh jktk eksgu euwpk us bu lcdh tekur yhA

eqdnek pyus ij lcds lc fujijk/k NwV x;sA fxjQ~rkj fd;s x;s

yksxksa esa izeq[k Fks& egkUr j?kqoj izlkn ¼cM+k LFkku½ ckck fl;kjke nkl

4373

¼jktxksiky½ egkUr jkefd'kksj nkl ¼tUeLFkku½ egkUr jkeVgy nkl]

ckck eaxynkl igyoku] ckck 'k=q?u nkl] ckck ;equk nkl ¼lHkh

guqekux<+h½ rFkk riLoh th dh Nkouh ds vf/kdkjhA

vaxzst dfe'uj ts0ih0usdYlu us v;ks/;k ij bl naxs ds dkj.k

nUMkRed dj ¼I;wfufVo VSDl½ yxk;kA ftlls ipklh gtkj :i;s dh

vk; gqbZA bl #i;s ls efLtn dh ejEer dh x;h rFkk mlds xqEcnksa

dk iqufZekZ.k djk;k x;kA efLtn ds Hkhrj ,d iRFkj ij vafdr vfHkys[k

esa bl ejEer dk ftdz gS] ftls rgOoj [kka Bsdsnkj us djk;k FkkA

vfHkys[k bl izdkj gS& ^^27 ekpZ 1934 eqrkfcd 11 ftmygTt lu~

1352 fgtjh cjksts cyok fgUnw cyokbZ efLtn 'kghn djds vlyh

dqrck mBk ys x;sA ftldks rgOoj [kka Bsdsnkj us fugk;r [kwch ds lkFk

rkehj djk;kA** ¼ist 439&451½

4022. Most of the contents of the said book are

unauthenticated. The credentials of the author are not known.

On page 436 and 437, there are footnote no.1 respectively on

each and the same reads as under:

^^1- ckcj ;|fi eqlyeku vkdzked Fkk ysfdu og egewn xtuoh ;k

eqgEen xksjh dh rjg vkrrkbZ ugha FkkA og /keZHkh# Fkk ysfdu /kekZU/k

ughaA og Hkkjr esa viuk lkezkT; LFkkfir djus vk;k Fkk tsgkn djus

ughaA viuh lkezkT; LFkkiuk dh ykyp esa og lHkh lUrksa&fl)ksa&Qdhjksa

dh nqvk,a izkIr djus dh dksf'k'k djrk FkkA mldh bl detksjh dk

ykHk gh Qdhj Qty vCckl ewlk vkfldku rFkk tyky'kkg us mBk;kA

vU;Fkk og fgUnw /keZ ;k muds iwtkx`gksa ds izfr }s"k j[kus okyk ugha FkkA

bldk lcls cM+k izek.k ;g gS fd v;ks/;k esa nUr/kkou dq.M LFkku ds

vkpk;Z Jh Lokeh 'k=q?u th dks ckcj us ikap lkS ch?kk yehu dh dkQh

nh FkhA ;g LFkku vHkh Hkh gS vkSj buds ikl ml izkphu nku ds

nLrkost Hkh gSaA crk;k tkrk gS fd Jh 'k=q?u fl);ksxh Fks vkSj ckcj

tc ;gkWa vk;k Fkk rks og muds n'kZukFkZ Hkh x;k FkkA bl Hkwfe dh izkfIr

ds ckn gh nUr/kkoudq.M eB dh LFkkiuk gqbZA vkt Hkh ;gka fLFkr

v;ks/;k dk ;g izkphure oS".ko eB gS ftlds egkUr bl le; Lokeh

ukjk;.kkpk;Z th gSaa

fl)ksa dk n'kZu djds mudk vk'khokZn izkIr djus ds mn~ns'; ls

4374

gh og Qty vCckl ds ikl Hkh x;k Fkk rks mlus viuh fl)kbZ dh

/kkd tekdj mls Jhjke tUeHkwfe efUnj rksM+us ds dqpdz esa Qkal

fn;kA^^¼ist 436½

^^1- ^^ekMZu fjO;w** uked vaxzsth dh if=dk ds 6 tqykbZ 1924 ds

vad esa tkus ekus ys[kd Lokeh lR;nso ifjczktd dk ,d ys[k Nik Fkk

ftlesa mUgksaus ,d 'kkgh Qjeku dh izfr dks mn~/k`r fd;k FkkA muds

vuqlkj 'kkgh eqgj ;qDr ;g Qjeku mUgsa iqjkus dkxtkrksa dh Nkuchu ds

nkSjku eqxy dkyhu 'kkgh dkxtkrksa ds lkFk feyk FkkA ;g Qjeku

ckn'kkg ckcj dh vksj ls tkjh fd;k x;k Fkk tks Jhjke tUeHkwfe ds

lEcU/k esa FkkA ;g Qjeku vc dgha gS ;k ugha bldh dksbZ tkudkjh

ugha gSA fdUrq vktdy dh izdkf'kr iqLrdksa esa Nik mldk izk:i bl

izdkj gS ^^'kkga'kkgs fgUn ekfydwy tgka ckn'kkg ckcj ds gqDe ls gtjr

tyky'kkg ds ethZ ds eqrkfcd v;ks/;k esa jke dh tUeHkwfe dks felekj

djds mldh txg mlh ds elkys ls efLtn rkehj djus dh btktr

ns nh x;h gS ctfj;s bl gqDeukesa ds rqedks crkSj bfRryk ds vkxkg

fd;k tkrk gS fd fgUnqLrku ds fdlh Hkh xSj lwcs ls dksbZ fgUnw v;ks/;k

u tkus ikos ftl l[l ij ;g lqcgk gks fd og tkuk pkgrk gS] mls

QkSju fxjQ~rkj djds nkf[ky dkjkxkj dj fn;k tk;A gqDe dh l[rh

ls rkehj gks QtZ le>djA** ¼ist 437½

4023. The correctness of the facts stated in the two

footnotes could not be supported or authenticated by any of the

learned counsels and in respect to the footnote on page 437, in

fact no counsel on behalf of Hindu parties claimed that any such

Farman ever existed. The author of the book has not been shown

to be a known historian or expert on the subject. The preface of

the book i.e. paper no.107C1/154-3 (Register 22, page 419)

shows that the book was written in hurry meaning thereby the

author had no occasion to make any in-depth research on the

subject. There is no mention that the author had earlier or at any

point of time ever made research on the subject. He has also

mentioned in preface:

4375

^^fQj Hkh ;=&r= fdaonfUr;ksa rFkk ijeijkvksa dk lgkjk ysuk iM+k gSA**

This is self speaking. In our view, no credence can be laid

to the above document and this book loses trustworthiness for

lack of supporting reference and material.

4024. Reliance has been placed on "Sri Ram

Janambhumi Ka Rakt Ranjit Itihas" written by Late Pt. Sri

Ramgopal Pandey "Sharad", published by Pt. Dwarika Prasad

Shivgovind, Ayodhya (1987). Photocopy of the frontispiece and

pages 14, 15, 31, 33, 34, 95 and 96 of the said book have been

filed as Exhibit 128 (Suit-4), Register Vol. 19, pages 33-40. The

relevant part from pages 20 to 34 referred to by Sri R.L. Verma,

Advocate says:

^^bl lEcU/k esa ekMZu fjO;w esa jke dh v;ks/;k 'kh"kZd ,d ys[k mDr i=

ds rk0 6 tqykbZ lu~ 1924 ds vad esa izdkf'kr gqvk FkkA bl ys[k ds

ys[kd Fks JhLokeh lR;nso ifjczktdA Lokeh JhlR;nso ifjczktd ,d

[;kfr izkIr O;fDr gSaA muls fgUnh lalkj iw.kZr;k ifjfpr gSA

JhLokehth us dbZ ckj fons'kksa esa Hkze.k dj Hkkjrh; laLdfr ds vej

lUns'k dk egkeU= vaxzst bfrgklKksa ds chp esa Hkh Qwdk FkkA vkidh

fy[kh iqLrdsa ^^esjh dSyk'k ;k=k** ^^laxBu dk fcxqy** fgUnh lalkj esa

i;kZIr [;kfr izkIr dj pqdh gSaA vkidks fnYyh esa fdlh iqjkus dkxtkrksa

dh Nkuchu esa izkphu eqxy dkyhu ljdkjh dkxtkrksa ds lkFk Qkjlh

fyfi esa yhFkks izsl }kjk izdkf'kr 'kkgh eqgj la;qDr ckcj dk ,d 'kkgh

Qjeku izkIr gqvk FkkA tks v;ks/;k esa fLFkr Jhjke tUeHkwfe ds le;

mls fxjkdj elftn cukus ds lEcU/k esa 'kkgh vf/kdkfj;ksa ds ikl tkjh

fd;k x;k FkkA vkius vaxzsth esa mls ekMZu fjO;w esa 6 tqykbZ lu~ 1924

bZ0 esa vius ml /kkjkokgh :i ls izdkf'kr gksus okys ys[k ds lkFk

Niok;k Fkk ftls os ml le; ^^Jhjke dh v;ks/;k** 'kh"kZd nsdj fudky

jgs FksA ge ml Qjeku dk vfody fgUnh vuqokn uhps ns jgs gSaA

JhjketUeHk wfe

JhjketUeHkwfe dks fxjkdj mlds LFkku ij ckcjh elftn fuekZ.k

djus ds fy, vkKk iznku djus ds fy, ckcj dks ck/; djus okyk

4376

izfl) rkLlqoh eqlyeku Qdhj dty vCckl ewlk vkf'kdku dyUnj

lkgc ftlus v;ks/;k dks eqlfye rhFkZ [kqnZ eDdk dk Lo:i nsuk pkgk

FkkA

'k kg a' k kg s fgUn dkfydqy tgk a ckn'k kg ckcj d s g qDe l sA

gtjr tyky 'kkg ds gqDe ds cewftc v;ks/;k esa jke dh

tUeHkwfe dks felekj djds mldh txg mlh ds elkys ls elftn

rkehj djus dh btktr ns nh xbZ gSA ctfj;s bl gqDeukes ds rqedks

crkSj bfRryk ds vkxkg fd;k tkrk gS fd fgUnqLrku ds fdlh Hkh xSj

lwcs ls dksbZ fgUnw v;ks/;k u tkus ikos ftl 'k[l ij ;g lqcgk gks

fd ;g tkuk pkgrk gS QkSju fxjQ~rkj djds nkf[kys ftUnkdj fn;k

tk;A gqDe dh l[rh ls rkehy gks QtZ le> djA

¼'kkgh eqgj½

blls ;g irk yxrk gS fd ml le; dh ljdkj Hkh ;g

le>rh Fkh fd jke dks tUeHkwfe dks rksM+ dj ml txg elftn [kM+h

dj nsuk vklku dke ugha gSA bldk izHkko lkjs fgUnqLrku ij iM+sxkA

lksbZ gqbZ fgUnw tkfr ,d ckj vWxM+kbZ ysdj [kM+h gks tk;xhA fQj rks

mlls Vdjkdj fnYyh dk flagklu pwj pwj gks tk,xk vkSj lkjh

jktlRrk /kwy esa fey tk;xhA

bl Qjeku ds fudyus dk D;k ifj.kke gqvkA Hkkjr ds fgUnw

tUeHkwfe ds m)kj ds fy, dqN dj lds ;k ugha] bldk gekjs ikl dksbZ

izek.k ugha gSA fdUrq dfua?ke dh y[kuÅ xtsfV;j esa izdkf'kr

fjiksVZ ;g crykrh gS fd ;q) djrs gq, ,d yk[k pkSgRrj gtkj fgUnw

tc ekjs tk pqds] mudh yk'kksa dk <sj yx x;k rc ckcj ds othj ehj

ckadh [kkWa us rksi ds }kjk tUeHkwfe dk efUnj fxjk;kA ;g fjiksVZ dfua?ke

us fdl vk/kkj ij nh gS bldk Hkh gekjs ikl dksbZ izek.k ugha gSA ysfdu

mldh ;g fjiksVZ de ls de fgUnqvksa ds ekjs tkus dh gSA blh ls ikBd

;g tku ldrs gSa fd leLr Hkkjrh; turk bl vU;k; ls dzq) Fkh vkSj

viuh leLr 'kfDr;ksa ls tUeHkwfe dh j{kk djus ds fy;s dr ladYi

FkhA gSfeYVu rks ckjkcadh xtsfV;j esa ;gka rd fy[krk gS fd

tyky'kkg us fgUnqvksa ds [kwu dk xkjk cukcj mlij ykgkSjh bZaVksa dh

uhao elftn cuokus ds fy;s nh FkhA

ckcj vius ckcjukesa esa fy[krk gS&

4377

gtjr dty vCckl ewlk vkf'kdku dyUnj lkgc dh btktr

ls tUeHkwfe efUnj dks felekj djds eSaus mlh ds elkys ls mlh

txg ;g elftn rkehj dhA

ckcjukek i"B 173

elftn ds cu tkus ij Hkh fgUnw 'kkUr ugha cSBs] os ;su dsu

izdkj ls jketUeHkwfe dks iqu% izkIr djus ds fy;s dr ladYi jgsA gqek;wW

ds le; esa v;ks/;k ds ikl fLFkr ljk; fljfl.Mk] vkSj jktsiqj uked

xzke ds lw;Zoa'kh; {kf=;ksa esa ,d ckj iqu% tks'k vk;k vkSj nl gtkj dh

la[;k esa ,df=r gksdj mUgksaus iqu% tUeHkwfe ij /kkok cksy fn;kA

LFkkukiUu lkjh 'kkgh Nkofu;kWa dkV Mkyh] rEcw Qwawd fn, vkSj elftn

dk vxyk }kj rksM+ QksM+ dj cjckn dj fn;k fdUrq rhljs gh fnu 'kkgh

dqed vk xbZ vkSj lc {k=h ;q) djrs gq, ekjs x;s muds xkaoksa esa vkx

yxk nh xbZ fdUrq muds oa'kt bl ij Hkh 'kkUr ugha gq;sA vdcj ds

jkT; dky esa mUgksaus fQj laxfBr :i ls tUeHkwfe ij geyk fd;kA

'kkgh lsuk lko/kku FkhA cM+h Hk;adj ekjdkV gqbZA tc ;g lekpkj

fnYyh igqWapk rks jktk chjcy vkSj VksMj ey us vdcj dks cgqr

le>k;kA fgUnqvksa us viuh Hk;adj ekj ls 'kkgh lsuk ds ikao m[kkM+ dj

,d pcwrjk elftn ds lkeus cuk fy;k Fkk] vdcj us mlh ij Hkxoku

ds LFkkfir djus dh vkKk ns nhA nhokus vdcjh esa fy[kk gS&

tUeHkwfe dks okil ysus ds fy, fgUnqvksa us 20 geys fd;sA viuh

fgUnw fj;k;k dh fny f'kdeh u gks blfy;s 'kkga'kkgs fgUn 'kkg

tykyqn~nhu vdcj us jktk chjcy vkSj VksMjey dh jk; ls mudks

ckcjh elftn ds lkeus pcwrjk cukcj ml ij ,d NksVk lk jke efUnj

rkehj dj ysus dh btktr c['k nh] vkSj ;g gqDe fn;k fd dksbZ Hkh

'k[l muds iwtk&ikB esa fdlh rjg dh jksd Vksd u djsA

¼nhokus vdcjh ls½

bl uhfr ls dqN fnuksa ds fy;s ;g >xM+k 'kkUr gks x;kA ml

pcwrjs ij fLFkr Hkxoku dh ewfrZ dk iwtu ikB cgqr fnuksa rd

vck/kxfr ls pyrk jgkA vdcj dh dBksj vkKk ds dkj.k eqlyeku

muds ?kM+h ?kaVk vkfn ctkus vkSj iwtu ikB esa dksbZ fo{ksi ugha djrs FksA

;gh dze 'kkgtgkWa ds le; rd jgkA tgkaxhj vkSj 'kkgtgkWa us Hkh bl

lEcU/k esa fgUnqvksa dk dksbZ fojks/k ugha fd;kA lu~ 1640 esa tc fnYyh

4378

ds flagklu ij fgUnw /keZ }s"kh vkSjaxtsc cSBk rc tUeHkwfe ds bfrgkl ds

i"B esa ,d dzkfUrdkjh u;k v/;k; vkjEHk gqvkA

vk S j axt sc dk vkd ze.k

jktflagklu ij cSBrs gh lcls igys vkSjaxtsc dk /;ku v;ks/;k

dh vksj x;kA izk;% ns[kk x;k gS fd tSlk jktk gksrk gS oSls gh mlds

deZpkjh ,oa vf/kdkjh oxZ gks tkrs gSaA tgka vdcj ds le; esa fgUnw

tkfr ds izfr lgkuqHkwfr j[kus okyksa dh vf/kdrk Fkh ogka vkSjaxtsc ds

le; esa fgUnw /keZ }sf"k;ksa dk izkcY; gks x;k] flagklu ij cSBrs gh

eqYykvksa us vkSjaxtsc ds dku Hkjus 'kq: fd;s mldk /;ku jke tUeHkwfe

dh vksj fnyk;k vkSjaxtsc us vius fliglkykj tkckat [kkWa dh v/;{krk

esa ,d tcjnLr lsuk Hkst nhA og lsuk v;ks/;k vk igqWaphA iqtkfj;ksa dks

igys gh ;g ekywe gks x;k Fkk vr% mUgksaus iqu% Hkxoku dh ewfrZ ,oa

iwtk dk lkeku fNik fn;k rFkk jkrks jkr nsgkrksa esa ?kwe ?kwe dj efUnj

ij vkdze.k gksus dh lwpuk fgUnqvksa dks ns nh vkSj jkr gh jkr fgUnqvksa

dk ,d tcjnLr ny efUnj dh j{kkFkZ Jhjke tUeHkwfe ij vk MVk] mu

fnuksa v;ks/;k esa vfgY;k?kkV ij ij'kqjke eB esa fLFkr oS".konkl uke ds

,d egkRek fuokl djrs Fks nf{k.k izkUr ds leFkZ xq# Jhjkenkl th

egkjkt ds f'k"; Fks vkSj mUgha dh vkKkuqlkj lEiw.kZ mRrjh; Hkkjr esa

fgUnw laLd`fr ds izpkj ,oa fo/kfeZ;ksa ls ns'k dk m)kj djus ds fy;s ?kwe

jgs FksA buds lkFk nl gtkj pheVk/kkjh lk/kqvksa dk ,d tcjnLr

fxjksg FkkA ml fxjksg ds lk/kq izpkj] ;ksx lk/kuk] tklwlh] ;q) fo|k

vkfn lHkh dk;ksZ esa fuiq.k Fks] tUeHkwfe ij vkSjaxtsch vkdze.k dk

lekpkj tc bu lk/kqvksa dks feyk rks ;g lk/kqvksa dh tcjnLr lsuk

fgUnqvksa ds ny ls fey xbZ vkSj bl tcjnLr ny us mcZlh dq.M ij

eqxy lsuk dk MVdj lkeuk fd;kA lkr fnu rd yxkrkj ?kksj laxzke

gksus ij lk/kqvksa ds pheVksa dh ekj ls 'kkgh lsuk ds /kqjsZ mM+ x;s vkSj og

eSnku NksM+dj Hkkx [kM+h gqbZA

eqxy lsuk dks ijkftr dj Hkxk nsus ds i'pkr~ ;g lk/kqvksa dk

ny HkkÅ ds taxyks esa fNi x;kA fgUnqvksa dk fxjksg Hkh tgka rgka

vUr/;kZu gks x;k vkSj pcwrjs ij fLFkr efUnj dh j{kk gks xbZA bl

ijkt; dk lekpkj tc vkSjaxtsc ds ikl igqapk rks og vR;Ur dzq)

gqvk vkSj tkWackt [kkWa dks inP;qr djds mlds LFkku ij lS;~;n glu

4379

vyh dks fliglkykj cukdj ipkl gtkj lsuk nsdj tUeHkwfe dks rgl

ugl dj Mkyus ds fy;s HkstkA

exj lk/kqvksa dk ny Hkh vlko/kku ugha FkkA bl fxjksg ds dqN

vknfe;ksa dks i= nsdj oS".konkl us xq# xksfoUn flag ds ikl HkstkA xq#

xksfoUn flag vius v/khuLFk flD[kksa dh ,d tcjnLr lsuk ysdj mu

fnuksa vkxjs dh vksj eqxy lsuk dh gsadMh Hkqyk jgs FksA os oS".konkl ds

lkFk vkdj fey x;s vkSj czg~edq.M ij viuk vM~Mk tek;kA oS".konkl

ds tklwl dne 2 ij eqxy lsuk dh Vksg ys jgs FksA tc mUgsa irk pyk

fd gluvyh dh v/;{krk esa ipkl gtkj eqxy lsuk vkWa/kh dh rjg

v;ks/;k dh vksj c<+rh pyh vk jgh vkSj mlds lkFk ,d rksi[kkuk Hkh gS

rks flD[k vkSj lk/kqvksa dh lsuk us vius rhu ny dj fn;sA ,d ny

flD[kksa dk ,d NksVs ls rksi[kkus ds lkFk QStkckn ds orZeku 'kgknrxat

ds ikl [ksrksa esa fNi x;kA nwljk ny xgLFk {kf=;ksa dk Fkk ftlus

#nkSyh esa MVdj 'kkgh lsuk dk lkeuk fd;kA vkSj oS".konkl dk

pheVk/kkjh fxjksg tkyik ij ljir ds taxyks esa fNidj eqxy lsuk dh

izfr{kk djus yxkA

'kkgh lsuk dk igyk eqdkcyk #nkSyh esa {kf=;ksa ls gqvk ftlesaq

lk/kkj.k yM+kbZ ds ckn iwoZ fuf'pr dk;Zdze ds vuqlkj os gV x;s vkSj

vkdj flD[kksa ds ny ls pqipki fey x;sA eqxy lsuk us le>k fgUnw

ijkftr gksdj Hkkx x;s] vr,o og fuf'pUr gksdj vkxs c<+hA tSls gh

og 'kgknrxat ds ikl igqWaph oSls gh flD[kksa dk ny Hkw[ks ck?k dh rjg

mu ij VwV iM+kA ihNs ls fgUnqvksa ds ny us Hkh /kkok cksy fn;kA flD[kksa

us vkxs c<+dj lcls ifgys 'kkgh rksi[kkus ij gh vf/kdkj dj fy;kA

bl nksgjh ekj ls eqxy lsuk ?kcjk mBh vkSj lkgl NksM+dj Hkkx

fudyhA ljnkj gluvyh Hkh bl ;q) esa ekjs x;sA bl ijkt; dk

vkSjaxtsc ij ,slk vlj iM+k fd yxkrkj 4 o"kZ rd mlus tUeHkwfe ij

vkdze.k djus dk uke rd ugha fy;kA

pkj o"kZ rd yxkrkj vkdze.k u gksus ds dkj.k fgUnw vlko/kku

FksA blls ykHk mBkdj lu~ 1664 esa vkSjaxtsc us iqu% JhtUeHkwfe ij

vkdze.k dj fn;kA ;g lekpkj ikdj fgUnqvksa us eqdkcyk fd;k fdUrq

'kkgh lsuk ds lkeus mldh ,d u pyh iqtkfj;ksa ds iz;Ru ls efUnjLFk

Hkxoku dh izfrek fNik nh xbZA bl vpkud vkdze.k esa nl gtkj

4380

fgUnqvksa dk c/k gqvkA ekjs x;s fgUnqvksa dh yk'ksa efUnj ds iwohZ; }kj ij

fLFkr uodks.k dk ,d dUniZ dwi uked dqokWa Fkk mlesa Hkj nh xbZ vkSj

pkjksa vksj ls pgkjfnokjh mBkdj mls ?ksj fn;k x;kA vkt Hkh og dUniZ

dwi ^^xat 'kghnk** ds uke ls efUnj ds iwoZ }kj ij fLFkr gS ftls

eqlyeku viuh lEifRr crykrs gSaA

vkB fnu rd jkr fnu ?k k sj l ax z ke

'kkgh lsuk us tUeHkwfe dk pcwrjk [kksn MkykA cgqr fnuksa rd og

pcwrjk x<+s ds :i esa ogka ij fLFkr FkkA fgUnw turk Jhjke ukSeh ds

fnu HkfDr Hkko ls mlh x<+s esa ty v{kr iq"i p<+k fn;k djrh FkhA tc

y[kuÅ dh uokch dk mn; gqvk vkSj y[kuÅ dh uokch dh elun ij

uokc lgknrvyh [kkWa r[ru'khu gqvk rks ,d ckj fQj fgUnqvksa us

tUeHkwfe ij vkdze.k fd;k fdUrq bl ckj Hkh nqHkkZX; ls mUgsa lQyrk

ugha feyhA

uokc ukfl#n~nhu gSnj ds le; esa fQj fgUnqvksa dk tcjnLr

vkdze.k gqvkA bl ckj fgUnw laxfBr FksA vcdh ckj MVdj uokch lsuk

dk lkeuk gqvkA vkBosa fnu fgUnqvksa dh 'kfDr {kh.k gksus yxhA tUeHkwfe

ds eSnku esa fgUnw vkSj eqlyekuksa dh yk'kksa dk <sj yxk gqvk FkkA 'kkgh

lsuk ds lSfud vf/kd la[;k esa erd gq, FksA bl Hk;kud laxzke esa

HkhVh gloj] edjgh] [ktqjgV] fn;jk] vesBh ds jktk xq#nRr flag vkfn

Hkh lfEefyr FksA 'kkgh lsuk bUgsa iNkM+rh gqbZ guqekux<+h rd ys vkbZA

guqekux<+h rd vkus ij lk/kqvksa dh pheVk/kkjh tekr fgUnqvksa ls vk

feyhA bl tekr esa [kkdh lk/kqvksa ds lkFk cM+s cM+s eg

Ur Hkh FksA vcdh ckj MVdj ?kksj laxzke gqvkA bl ;q) esa 'kkgh lsuk

ds fpFkM+s mM+ x;s vkSj mls jxsnrh gqbZ fgUnw lsuk us tkdj tUeHkwfe ij

vf/kdkj dj fy;kA

fdUrq ;g vf/kdkj vf/kd fnuksa rd ugha jgkA tcjnLr 'kkgh

lsuk us vkdj fQj buds gkFk ls tUeHkwfe Nhu yhA

uokc okftnvyh 'kkg ds le; esa iqu% fgUnqvksa us tUeHkwfe ds

m)kjkFkZ vkdze.k fd;kA vcdh ckj ds vkdze.k esa vo/k ds nks pkj

jktkvksa dks NksM+dj lHkh fgUnw jktk lfEefyr FksA QStkckn xtsfV;j esa

dfua?ke fy[krk gS fd bl ckj 'kkgh lsuk ,d vksj [kM+h rek'kk ns[kus

yxhA fgUnw vkSj eqlyekuksa dks ;g NwV ns nh xbZ fd os yM+dj vkil

4381

esa fuiV ysaA ;g laxzke ,slk Hk;kud Fkk fd o.kZu djuk 'kfDr ds ckgj

gSA nks fnu ds jkr fnu rd gksus okys Hk;adj ;q) esa cqjh rjg eqlyeku

ijkftr gq,A dzq) fgUnqvksa dh HkhM+ muds edku QwWadus vkSj dcjsa rksM+

QksM dj cjckn djus ,oa elftnksa dks felekj djus yxhA ;gkWa rd

fd eqfxZ;ksa rd dks ftUnk ugha NksM+kA dsoy mUgksaus fL=;ksa vkSj cPpksa dks

dksbZ gkfu ugha igqWapkbZA lkjh v;ks/;k esa izy; ep x;k] eqlyeku

v;ks/;k NksM+dj viuh tku ysdj Hkkx fudysA bfrgkl ys[kd dfua?ke

fy[krk gS fd ;g v;ks/;k dk lcls cM+k fgUnw eqlfye cyok FkkA

eqlyekuksa dh bl izdkj dh nqnZ'kk ns[kdj 'kkgh lsuk us ftlesa

vf/kdrj vaxzst FksA fLFkfr dks dkcw esa fd;kA lkjs 'kgj esa djQ~;w vkMZj

dh ?kks"k.kk dj nh xbZA ml le; v;ks/;k ds egkjkt ekuflag us uckc

okftnvyh'kkg ls dg lqudj pcwrjk fQj ls fgUnqvksa dks cuok ysus dh

vkKk fnyokbZ vkSj pcwrjs ij rhu QhV ÅWaph [kl dh VfV~V;ksa dk ,d

NksVk lk efUnj cuk ftlesa iqu% Hkxoku dh LFkkiuk dh xbZA

v ax z st h ] jkT; e s a tUeHk wfe ij geykA

vaxzsth jkT; esa nks ckj tUeHkwfe ij vkdze.k fgUnqvksa }kjk gq,A

igyk vkdze.k lu~ 1912 esa vkSj nwljk vkdze.k lu~ 1934 esa gqvkA igys

vkdze.k esa rks ckcjh elftn dks gkfu ugha igaqph fdUrq nwljs vkdze.k esa

ckcjh elftn rksM+ QksM+ dj cjckn dj nh xbZ fdUrq QStkckn ds

fMIVh dfe'uj ts0 ih0 fudYlu us elftn iqu% cuok nhA

ckcjh elftn esa ,d txg fy[kk gS&

27 ekpZ lu~ 1934 eqrkfcd 11 thmy fgTtk lu~ 1352 fgtjh

cjksts cyck fgUnw cyckbZ elftn 'kghn djds vlyh dqro, mBk ys

x;s ftldks rgOoj [kkWa Bsdsnkj us fugk;r [kwch ds lkFk rkehj fd;kA

¼ckcjh elftn ls½

e qlyekuk s a }kjk JhjketUeHk wf e d s m)kj dk i z;Ru

lu~ 18 lkS lRrkou ds foIyo esa tc cgknqj 'kkg dks lezkV ?

kksf"kr dj fonzksg dk ukjk cqyUn fd;k x;k rks v;ks/;k ds fgUnw] jktk

nschc['k flag xksaMk ujs'k rFkk ckxh jkepj.knkl dh v/;{krk esa laxfBr

gks x,A ml le; ckxh eqlyekuksa ds usrk vehjvyh us v;ks/;k vkSj

QStkckn ds leLr eqlyekuksa dks bDV~Bk djds dgk fd fcjknjkus oru

csxeksa ds tojkrksa dks cpkus esa gekjs fgUnw Hkkb;ksa us ftl dnj vaxzstks ls

4382

yM+dj cgknqjh fn[kkbZ gS bls ge Hkwy ugha ldrs\ lezkV cgknqj 'kkg

t+Qj dks viuk ckn'kkg ekudj gekjs fgUnw HkkbZ viuk [kwu cgk jgs gSa]

blfy;s QtsZ bykgh gesa etcwj djrk gS fd fgUnqvksa ds [kqnk Jhjke pUnz

th dh iSnkb'kh txg ij tks ckcjh cuh gS og ge bUgs c[kq'kh lqiqnZ

dj nsa D;ksafd fgUnw eqlfye ukbRrQkdh dh lcls cM+h tM+ ;gh gS ,slk

djds ge buds fny ij Qrg ik tk;saxsA

dguk ugha gksxk fd vehjvyh ds bl izLrko dk lkjs eqlyekuksa

us ,d Loj ls leFkZu fd;kA fdUrq vaxzstksa dks ;g ckr eatwj ugha FkhA

os pkgrs Fks fd elftn cuh jgs ftlls fgUnw vkSj eqlyekuksa ds fny

vkil esa feyus u ik,Wa] D;ksafd ckcjh elftn ds fgUnqvksa dks

eqlyekuksa }kjk okil fd, tkus dh [kcj Qsy pqdh FkhA vaxzstks esa tks ?

kcjkgV blls QSyh bldk izek.k ge lqYrkuiqj xtsfV;j esa izdkf'kr

i"B 36 ij duZy ekfVZu dh fjiksVZ dks mn~/k`r djds nsrs gSaA

v;ks/;k dh ckcjh elftn dks eqlyekuksa ds }kjk fgUnqvksa dk

okil fn, tkus dh [kcj lqudj ge yksxksa esa ?kcjkgV Qsy xbZA vkSj

fo'okl gks x;k fd fgUnqLrku ls vc vaxzst [kre gks tk;saxsA ysfdu

vPNk gqvk fd xnj dk ikl iyV x;k vkSj vehjvyh rFkk cyokbZ

ckck jkepjunkl dks QkWalh ij yVdk fn;k x;k ftuds ckn QStkckn

ds cyokb;ksa dh dej VwV xbZ vkSj reke QStkckn ftys ij gekjk jksc

xkfyc gks x;kA D;ksafd xksaMk dk jktk nschc['k flag igys gh Qjkj gks

pqdk FkkA bl dke esa jktk ekuflag esgnkSuk okys us gekjh cM+h enn

dhA

dguk ugha gksxk fd vehj vyh dk ;g lRiz;Ru vaxzstksa dh

dwVuhfr ds dkj.k foQy gks x;k vkSj 18 ekpZ lu~ 1858 dks dqcsjVhyk

ij fLFkr beyh ds isM+ ij ckck jkepj.knkl vkSj vehjvyh nksuksa dks

QkWalh ij yVdk fn;k x;kA cgqr fnuksa rd turk bl beyh ds isM+ ij

mu nksuks ns'k HkDrks dks QkWlh ns nh xbZ FkhA Qwy vPNr p<+krh jghA

tc vaxzstksa us turk dh bruh tcjnLr J)k mu ns'k&HkDrksa ds izfr

ns[kh rks muds vfUre Lekjd ml beyh ds o{k dks Hkh dVok MkykA

bl izdkj eqlyekuksa }kjk JhtUeHkwfe m)kj fd;k x;k iz;Ru vaxzstksa dh

dwVuhfr ls O;FkZ gks x;kA

tUeHkwfe ds m)kj ds fy, ckcj ds 'kklu ls ysdj vkt rc

4383

fNgRrj cyos gq, ftudh lqph dzec) uhps nh tk jgh gSA

1- ckcj ds le; esa & 4

2- gqek;wWa ds le; esa&10

3- vdcj ds le; esa &20

4- vkSjaxtsc ds le; esa 30

5- uckc 'kgknrvyh ds le; esa & 5

6- ukflj#n~nhu gSnj ds le; esa & 3

7- okftnvyh ds le; esa& 2

8- vaxzstksa ds le; esa&2

dqy ;ksx& 76

lcls vfUre Hk;kud ;q) ftlesa 'kkgh lsuk [kM+h rek'kk ns[krh

Fkh vkSj fgUnw eqlyeku vkil esa yM+dj QSlyk dj jgs Fks og lu~

1856 esa gqvk Fkk] ftlesa lcls c<+ dj gkfu eqlyekuksa dh gqbZ FkhA**

4025. We do not find any reference for the supporting

material of the said book. On page 33, however, reference has

been made to Cunningham's report but the facts which are

alleged to have been written by Cunningham do not find

mention in the work of Cunningham which we have already

referred in some detail. The alleged Farman of Babar, which is

mentioned by the author in support of his work that the Babar

issued order for desecration of the birth place of Lord Rama, has

not been shown to exist anywhere. Despite our query, the

learned counsel could not place his hand even to suggest about

the very existence of any such Farman. Again the quote from

page 173 of Babarnama is also perverse as no such fact is

mention anywhere in the Babarnama written by various writers

and the learned counsel Sri Verma could not support the said

work.

4026. Ex facie, we are clearly of the view that whatever

have been written in his work mostly is imaginary and the

4384

creation of the author himself instead of having any factual

authenticity. We, therefore, find it difficult to belief on the said

narration in the absence of any supporting and corroborating

material particularly when it is not shown by Sri R.L. Verma

that author of the said booklet was a historian or in any case an

expert in the subject having special skill and resources to collect

such historical facts.

4027. Exhibit 114 (Suit-5) (Register 23, Page 535-577) is

a copy of article/paper by Dr.S.P.Gupta, Director, Allahabad

Museum being Presidential address in XXIII Annual Conference

of the India Archaeological Society held on 22nd December,

1989 at Guntur (State of Andhra Pradesh). The subject of the

paper is "Ram Janmabhumi Controversy : Passion Apart

What History And Archaeology Have To Say On This Issue".

The paper only shows the personal opinion of the author. The

aforesaid author has appeared as witness O.P.W. 3 on behalf of

plaintiffs (Suit-5). We find no reason to take into account the

aforesaid opinion when he himself has appeared before us and

has deposed as an expert witness (Archeologist).

4028. Exhibit 115 (Suit-5) (Register 23, Page 579-587) is

another article by Dr. S.P.Gupta, Former Director, Allahabad

Museum, Allahabad on the subject "Ram Janambhoomi-Babri

Masjid Revisited". This document also does not require any

further comments and we do not find any reason to consider it

since it is at the best an opinion of an expert and when the

expert himself has deposed his statement, it is better to consider

that statement instead of his ex parte opinion.

4029. Exhibit 132 (Suit-5) (Register 23, Page 593-603) is

a photocopy of the frontispiece, Foreword and two photographs

4385

at page 601 and 603 of "Catalogue of Historical Documents in

Kapad Dwara, Jaipur" by G.N.Bahura and C.Singh. Item 179

paper no.107 C1/195 has been relied on by Sri P.N.Mishra and

Sri H.S.Jain. It reads:

"Map of Ayodhya, painted on white cotton fabric:

early 18th Century: size: 213x178 cm.

The map was acquied through a Swami of Ayodhya at

a price of Rs.5/-. This kind of maps were made for pilgrims

and were presented to kings and nobles by saints.

Important religious places are depicted prominently, for

example:- Chakratirth. Devi of Ayodhya, Bharatkund, gufa

of Bharatji, palaces of Dashrath, Kalpavriksha, Janaki

kund, seat of Swami Raghodas, Sumeru Parvat, jaunpur

town 40 kos from Ayodhya, Vibhishan pol, Chauki of

Angad, Chauki of Sugriva, Patshahi qila, Lakshman kund,

Saptasagar where Sri Ram left for his heavenly abode,

Gorakhpur 40 kos from Ayodhya, river Tilottama,

Mahavidya-kund where Sri Ram took lessons, Janmasthan

(birth-place) of Sri Ram, Agni-kund where Sita entered into

fire, Vairagpur, Hanuman-kund, Apsara-kund, Ramdwara,

Ramghat and the river Sarayu."

4030.Exhibit 51 (Suit-5) (Register Vol. 28, page 217-225) is a

copy of a Article written by Sri Ajay Mitra Shastri under the title

"Ayodhya and God Rama" said to have been published

sometimes after December 1992. The author was Head of

Ancient Indian History and Archeology Department, Nagpur

University, Nagpur, Maharashtra, who has expressed his opinion

that the building in dispute was constructed by Babar in 1528 as

is evident from the inscriptions fixed on the said building built

4386

after demolition of a Hindu Temple and in support of this

opinion, he has relied on (a) the Chandravati plates of the

Gahadavala King Chandradeva, dated Vikram Samvat 1150 (AD

1092-93); (b) the research work of Hans Bakker; (c) inscription

of Jayachachandradeve, dated AD 1184 said to have been seen

by him when he claim to have visited Ayodhya in 1992; (d) the

stone inscription said to have been found at the time of

demolition of the disputed building on 6th December 1992.

4031. Exhibit 129 (Suit-5) (Register Vol. 28, page 227-

281; 289-325) claimed to be an Article read by Sri S.P. Gupta in

a Conference at Ayodhya in October, 1992. The author himself

has appeared in witness box and, therefore, we would consider

his evidence along with his oral deposition.

4032. Exhibit 131 (Suit-5) (Register Vol. 28, page 283-

285) is a copy of a map of the disputed site at Ayodhya which

was part of the Article of Sri S.P. Gupta, i.e., Exhibit 129 (Suit-

5) and shall accordingly be dealt with along with his oral

deposition.

4033. Exhibit 130 (Suit-5) (Register Vol. 28, page 327-

353; 369-387) is a copy of another Article of Sri S.P. Gupta

expressing his opinion about the disputed site and the building

which we may discuss along with his oral deposition.

4034. Exhibit 128 (Suit-5) (Register Vol. 28, page 355-

367) claimed to be copy of the resolution of archaeologists,

historians, epigraphists and scholars of allied disciplines

participated in seminars held between 10th to 13th October, 1992

at Ayodhya.

4035. Though expert witnesses produced on behalf of

plaintiffs (Suit-4), have sought to claim that history does not say

4387

demolition of religious structure by Rulers of one religion and

nothing is there to show discrimination between the followers of

different religions, we find that the said averments are mere in

the nature of a deliberate attempt to misguide the people and the

Court about historical information which already is present in

black and which in various historical literature. Even some of

the corresponding writers have admitted and mentioned these

things. The first source, we find more reliable than other is, the

translation of the work of a number of Muslim writers given in

the book “History of India As told by its own Historians” by

H.M. Elliot and John Dowson published in eight volumes.

4036. Henry Miers Elliot was born in 1808 at Westminster

in England. Due to consolidation of British power in India, the

East India Company felt extreme deficiency of civil servants

and, therefore, sought reinforcement from England by resorting

to an emergence summary kind of recruitment and it is pursuant

thereto Mr. Elliot was nominated as a candidate by Campbell

Marjoribanks and was appointed directly in civil services to be

sent to India. He sought to specialize in oriental languages and

during the Training Examination, secured honorary classes.

Initially, he was appointed an Assistant to the Magistrate and

Collector of Bareilly and thereafter he worked in the capacity of

Assistant to the Political Agent and Commissioner at Delhi,

Assistant to the Collector and Magistrate of Mooradabad,

Secretary to the Sudder Board of Revenue for the North West

Provinces. In 1847 he became Secretary to the Government of

India in the Foreign Department. He died in an early age of 45

while seeking to restore his broken health in the soothing

climate of Cape of Good Hope.

4388

4037. In 1846, Mr. Elliot got printed first volume of his

“Supplement to the Glossary of Indian Terms” and in 1849

published the first volume of his “Bibliographical Index to the

Historians of Mohammedan India”. It appears that Mr. Elliot

had collected a large number of manuscripts mostly from

Muslim writers containing history of Indian territory of the

periods since when the Islamic followers got attracted to India

hearing stories of its huge wealth on account whereof one of the

Muslim writer termed it “Meadows of Gold”. All the work was

either in Persian or Arabic. Elliot got translated it either himself

or through others. After his death the material which he had

collected was taken by his widow to England and thereafter

Prof. John Dowson of Staff College, Sandhurst got it edited, and

also, wherever necessary, made corrections in translation etc.

The said work has been published in eight volumes under the

title “The History of India As told by its own Historians”. The

above book basically therefore contains the English translation

of a large number of manuscripts which are the work of several

Muslim and other authors. The antiquity of the work relates

back to the period of Mahmud Ghaznavi. Besides, in the form of

Appendix, the authors have analysed the Indian history of more

than a thousand years which was relevant in connection with

Muslims with Indian sub-continent.

4038. In Appendix A, Page 403 and onwards, (Vol. 2) of

the book “History of India”, the author has referred to what has

been said by Abu Rihan al Biruni in his work “Tarikhu-I—

Hind” written in Arabic stating that Kabul was earlier governed

by Hindu Kings. It says :

“Kabul was formerly governed by princess of Turk lineage.

4389

It is said that they were originally from Tibet. The first of

them was named Barhtigin, and the Kingdom continued

with his children for sixty generations. The last of them was

a Katorman, and his minister was Kala, a Brahman. This

minister was favoured by fortune, and he found in the earth

treasures which augmented his power. Fortune at the same

time turned her back upon his master. The Katorman's

thoughts and actions were evil, so that many complaints

reached the minister, who loaded him with chains, and

imprisoned him for his correction. In the end the minister

yielded to the temptation of becoming sole master, and he

had wealth sufficient to remove all obstacles. So he

established himself on the throne. After him reigned the

Brahman(s) Samand, then Kamlua, then Bhim, then Jaipal,

then Anandpal, then Nardajanpal, who was killed in A.H.

412. His son, Bhimpal, succeeded him, after the lapse of

five years, and under him the sovereignty of Hind became

extinct, and no descendent remained to light a fire on the

hearth. These princes, notwithstanding the extent their

dominions, were endowed with excellent qualities, faithful

to their engagements, and gracious towards their inferiors.

The letter which Anandpal wrote to Amir Mahmud, at the

time enmity existed between them, is much to be admired. 'I

have heard that the Turks have invaded your dominions,

and have spread over Khurasan; if you desire it, I will join

you with 5,000 cavalry, 10,000 infantry, and 100 elephants,

but if you prefer it, I will send my son with twice the

number. In making this proposal, I do not wish to ingratiate

myself with you. Though I have vanquished you, I do not

4390

desire that any one else but myself should obtain the

ascendancy. This prince was a determined enemy of the

Musulmans from the time that his son, Nardajanpal, was

taken prisoner; but this son was, on the contrary, well-

disposed towards them."

4039. The author, however, made minor corrections in the

above extract which was initially translated and published by M.

Reinaud and instead of word 'Katorman', in translation this line

is, “The last of them was a name, which represents the name of

a tribe, or prince of that tribe, as well as the name of the country

in which that tribe resided. He also observed that Turkish

dynasty at Kabul which is said to have lasted for sixty

generations should mean that it must have continued in the same

family or tribe and they appear to have reigned upto AD 850.

Further, history and genealogy of the rulers of Kabul and nearby

areas has been considered thereafter which we do not find of

much relevance to discuss in detail. However, in order to see the

extent of reliability and the so called historical narrations in the

books of different languages written by innumerable writers, we

find useful to refer some discussion made in Vol.-2, Appendix

Note C which relates to the history of Ghaznivides and reads as

under :

“The contents of this volume relate more especially

to the history of the Ghaznivides. It therefore seems

expedient to take a general review of the authors who have

particularly treated of that dynasty.

First in order come 'Utbi, who has already been

sufficiently noticed. It may be remarked generally that he is

deficient in dates, and, though the chief and earliest

4391

authority on all which relates to the early invasions of

India, be evidently had no personal knowledge of that

country, a circumstance which of course greatly detracts

from his value. He is fuller in the reign of Subuktigin and

the transactions in Turkistan than any of his successors.

Thirty years later come Abu-l Fazl Baihaki, of whose

voluminous and important work only a portion has come

down to us.

After an interval of more than two centuries follows

the Nizamu-t Tawarikh, composed in 674 H., about a

century after the extinction of the dynasty. The short notice

which this work devotes to the Ghaznivides has been

translated as an extract from that work, but it is of little

authority, and confuses dates irremediably towards the

close of the dynasty, in which the transactions were carried

on too far eastward to be within the foreign ken of the

author. Indeed he confesses that he knows nothing of their

successors, the Ghorians, beyond the names of three of

their kings.

The next, but after a period of two hundred years

from 'Utbi is the Tabakat-i Nasiri, the chief value of which

is that it quotes the lost volumes of Abu-l Fazl Baihaki. It is

for this reason, however, greatly to be regretted, especially

as he is one of the earliest Muhammadan authors who

wrote in india, that his notice of Mahmud's reign is so very

curt; for it is that in which we most feel the want of

Baihaki's familiar gossiping narrative. It is true he is

quoted in the Jami'u-l Hikayat, Tarikh-i Guzida, Rauzatu-s

Safa, and Firishta; yet it may be doubted if any except the

4392

author of the first ever saw his Tarikh-i Nasiri, which is

mentioned by name in the Tabakat. In some of the other

Ghaznivides reigns, this work differs from others, as will be

seen from the passages which are extracted in the article

TABAKAT-I NASIRI in this volume.

The great copyist and extractor, Rashidu-d din,

follows after the lapse of about twenty years. In this Jami

u-t Tawarikh, he follows 'Utbi implicitly, as far as the

Yamini extends, taking not only this facts, but giving a

literal translation of that work, even to the images and

similes. So little does he attempt to improve upon the

Yamini, that he even leaves out the important expedition to

Somant, which was undertaken after the close of that work.

This resource fails him altogether in the later reigns, which

are consequently very unsatisfactorily disposed of in the

Jami u-t Tawarikh.

About twenty years later follows the Tarikh-i Guzida

of Hamdu-lla Muatauff – although he mentions the

Makamat of Abu Nasr Miskati, and the Mujalladat of Abu-l

Fazl Baihaki, he does not appear to have read them: at

least he gives no information derived from them, and

altogether his account of Mahmud's reign is very meagre.

He mentions the names of the towns taken by him,

omitting , however, all notice of Somnat, and without

stating the dates of their capture. He is so often quoted by

Mirkhond, Khondamir, and Firishta, that he has had more

credit than he deserves in this portion of his universal

history.

After a long interval of about a century, we have

4393

Mirkhond, who in his Rauzatu-s Safa has given us the first

detailed account of the history of the Ghaznivides. It is

founded in the early portion upon the Yamini, but in later

reigns rests upon some other authorities which are not

quoted. Those which are mentioned, as the Nasiri and

Guzida, are too meagre to have furnished the fuller

information found in the Rauzatu-s Safa. This portion has

been translated by F. Wilken into latin, and published with

the original text at Berlin in 1832, under the title of

Historia Gasnevidarun. He has added in footnotes

passages from Firishta and Haidar Razi, where the details

are more complete than in the Rauzatu-s Safa. Haidar Razi,

however, is no original authority. I have found all the

passages, except two, quoted by Wilken to be word for word

the same as the Tarikh-i Alfi, even where other authorities

are quoted, as Ibn Asir, Ibn Kasir, and Hafiz Abru. The

chief omission to be noted in Mirkhond's account is that of

the expeditions to India intervening between those of

Kanauj and Somnat, and the attack upon the Jats of Jud

after Mahmud's return from Somnat.

Mirkhond is followed by his nephew Khondamir in

the Khulasatu-l Akhbar and the Habibu-s Siyar. The former

has been translated by Price with additions from Firishta,

and from the latter a translation will be found in a later

volume of this work. He follows the Rauzatra-s Safa

closely, and has no new authorities, omitting some

passages, but dealing more copiously with the biographies

of contemporary poets and ministers. Altogether,

Mirkhond's narrative is preferable, and in this, as well as

4394

in many other portions of his history Khondamir might

have saved himself the trouble of attempting to rival his

uncle.

The next authority of any value is the Tarikh-i Alfi.

Like as in other portions of that work, it is, in the history of

the Ghaznivides, also somewhat deficient in connexion, and

troublesome, from adopting a new era; but, altogether, it is

copious and correct. 'Utbi and Mirkhond are the chief

authorities of the Tarikh-i Alfi, but something is added from

the less known histories, which have already been

mentioned as being quoted at second hand by Haidar Razi.

It is to be regretted that Abu-l Fazl Baihaki is not amongst

them. Here also we have no detailed account of the Indian

expeditions between those of Kanauj and Somnat, and that

to Thanesar is not mentioned.

Nizamu-d din Ahmad, in his Tabakat-i Akbari, gives

a succinct account of the history of the Ghaznivides, and is

particular in mentioning his dates. He notices very

curiously the events in Turkistan, Sistan, and 'Irak,

confining his attention principally to what related to India.

In his work we, for the first time, find mention of several

expeditions to India, which are passed over by his

predecessors; and it is, therefore, to be regretted that he

does not signify on what authority he relates them. The only

probable source, among those mentioned as his general

authorities, is the Zainu-l Akhbar. Nizamu-d din is followed

closely by Firishta.

'Abdu-l Kadir, in his Tarikh-i Badauni, follows

Nizamu-d din implicitly; but, in order to show the

4395

variations, he occasionally quotes the Nizamu-t Tawarikh,

and the Lubbu-t Tawarikh. He adds also, some verses of

poets who were contemporary with Ghaznivides.

The Muntakhabu-t Tawarikh of Kahki Shirazi is very

brief, and scarcely deserves notice. It is chiefly follows the

Habibu-l Siyar.

We next come to the history of Firishta, which gives

the most complete and detailed account which we have of

the Ghaznivides. Dr. Bird complaints of the author's

ignorance of the geography of Upper India; but he has

exhibited no more than his predecessors, and in one or two

instances attempts corrections. His chief resource is the

Tabakat-i Akhbari, but he has also used the Tarikh-i

Yamini, the Tarikh-i Guzida, the Rauzatu-s Safa, and the

Habibu-s Siyar. Some of the other works which he quotes

there is reason to believe he never saw. The translation by

Briggs is generally correct and faithful in this portion, and

there are no omissions in it of any great consequence.

The Khulasatu-t Tawarikh discusses this history in a

peculiar fashion of its own. It omits all notice of

transactions on the frontiers of Persia and Turkistan, and

confines itself solely to India, insomuch that it leaves out

whole reigns in which the sovereign had no connection

with India: and, in consequence, preposterously confines

the whole number of reigns to seven only. There is no other

novelty in this chapter, except that it substitutes two new

readings of places, which if they are derived from the

history of Mahmud by 'Unsuri, which is quoted in the

preface, may be considered authentic.

4396

These are all the authorities which is seems

necessary to notice, as all the subsequent ones follow in the

wake of Firishta. Abu-l Fida, Ibn Shuhna, Ibn Asir, Ibn

Kasir, Nikbi, and Lari, have had all that is valuable in them

extracted by the diligence of European authors, who have

translated, abridged, or commented on the reigns of the

Ghaznivides. The Turkish histories of the period, such as

the Nakhbatu-t Tawarikh, and the work of Munajjim Bashi,

we may fairly presume to have been exhausted by the

industry of Hammer-Purgstall amongst the fourteen

different histories which he quotes as authorities upon

Mahud's reign – so that the only hope now left us for

ascertaining any new fact with respect to the history of the

Ghaznivides is in the recovery of the missing volumes of

Memoirs, which we know to have been written by

contemporary writers, and to have been in existence less

than two centuries ago – such as those of Abu-l Fazl

Baihaki, Abu Nasr Mishkani, and Mulla Muhammad

Ghaznawi. The Makamat of Abu Nazr Mishkati (Mishkani)

is mentioned by Firishta (Briggs I. 32 and 97), and the

same author is referred to in Wilken (Gasnevidarum, p.

189). Firishta quotes from him the anecdote about Masud,

which has been given from the Tabakat-i Nasiri (Supra, p.

271), and which is there also attributed to Abu Nasr

Mishkan. The Tarikh-i Mulla Muhammad Ghaznawi is

mentioned by 'Abdu-r Rahman, who wrote the Mir-atu-l

Asrar and Mir-at-i Masudi, in Jahangir's time. The author

was contemporary with Sultan Mahmud, of whom his work

is said to give an ample account.”

4397

4040. Regarding the expeditions of Mahmud Ghaznavi in

India with which the real Muslim history of invasions

commenced as is widely known, we find that the European

authors noticed the same in the 17th Century and probably the

first publication came from D' Herbelot, a French author under

the title “Bibiotheque Orientale, Art. “Mahmood.” Paris,

published in 1697. Modern history writers tell us about

seventeen expeditions of Mahmud Ghaznavi to India but in

“Tabakat-i-Akbari” written by Nizamu-d-din Ahmad, the period

of expedition mentioned twelve which has been reiterated by

some subsequent writers. This discrepancy has been noticed by

“Dowson” in Appendix, Note B, on page 434-435 (Vol.-2) as

under :

“It has been usual to consider the number of

Mahmud's expeditious to India to be twelve. The first

authority for this number is Nizamu-d din Ahmad in the

Tabakat-i Akbari; and as Dow has also numbered them as

twelve, the most English authors following him as the

standard, have entertained the same persuasion. But it is

curious to observe that, while Nazamu-d din mentions that

there were altogether twelve, in recording them seriatim, he

enumerates no less that sixteen; and Dow, while he

marginally notes twelve, records no less than fifteen

different ivasions. Even Elphinston though he notes twelve,

records more. The Khulasatu-t Tawarikh gives twelve, and

confines itself to that number, or in reality only to eleven,

as by some mistake an expedition to Kashmir and Kalinjar

are placed in one year, and the tenth expedition is omitted.

The Akhbar-i Muhabbat follows it in both errors.”

4398

4041. Dowson, thereafter, proceeded to consider

expeditions period-wise individually and has shown total

seventeen expeditions which took place in 1026 AD (AH 417).

The author has not hesitated in giving the details of the battles

fought by Ghazani and his determination to destroy Hindu

religious places as well as the idols. The first expedition started

in 1000 A.D. (AH 390) when the Mahmud Ghaznavi captured

many forts, provinces in the northern territory of India and

established his Governors thereat. Various Volumes of “History

of India” by Elliot and Dowson (supra) give details of various

subsequent Muslim rulers and about their act of demolition of

Hindu temples which included similar orders having been issued

even during the reign of Jahangir, Shahjahan and Aurangzeb etc.

4042. Sri Hari Shankar Jain sought to place before us

"The History and Culture of the Indian People; The Delhi

Sultanate" publish by Bharatiya Vidya Bhavan (1st published in

1960, 4th Edition 1990) forwarded and edited by K.M.Munshi,

R.C.Majumdar, A.D.Pusalker and A.K.Majumdar. On page 617

in the Chapter titled as "Hindu Muslim Relations" Status of the

Hindus has been discussed. The learned authors referred to a

passage from an article written by Sir Jadunath Sarkar, historian

as under:

"The poison lay in the very core of Islamic theocracy.

Under it there can be only one faith, one people, and one

all overriding authority. The State is a religious trust

administered solely by His people (the Faithful) acting in

obedience to the Commander of the Faithful, who was in

theory, and very often in practice too, the supreme General

of the Army of militant Islam (Janud). There could be no

4399

place for non-believers. Even Jews and Christians could

not be full citizens of it, though they somewhat approached

the Muslims by reason of their being "People of the Book"

or believers in the Bible, which the Prophet of Islam

accepted as revealed.

"As for the Hindus and Zoroastrians, they had no

place in such a political system. If their existence was

tolerated, it was only to use them as hewers of wood and

drawers of water, as tax-payers, "Khiraj-quzar", for the

benefit of the dominant sect of the Faithful. They were

called Zimmis or people under a contract of protection by

the Muslim State on condition of certain service to be

rendered by them and certain political and civil disabilities

to be borne by them to prevent them from growing strong.

The very term Zimmi is an insulting title. It connotes

political inferiority and helplessness like the status of a

minor proprietor perpetually under a guardian; such

protected people could not claim equality with the citizens

of the Muslim theocracy.

"Thus by the basic conception of the Muslim State all

non-Muslims are its enemies, and it is the interest of the

State to curb their growth in number and power. The ideal

aim was to exterminate them totally, as Hindus,

Zoroastrians and Christian nationals have been liquidated

(sometimes totally, sometimes leaving a negligible remnant

behind) in Afghanistan, Persia and the Near East.

"The Quran (IX.29) calls upon the Muslims 'to fight

those who do not profess the true faith, till they pay jizya

with the hand in humality (ham sagkhirun)'. This was a

4400

poll-tax payable by Hindus (and also Christians) for

permission to live in their ancestral homes under a Muslim

sovereign.

"In addition to the obligation to pay this poll-tax, the

Hindu was subjected to many disabilities by the very

constitution of the Muslim theocracy. He must distinguish

himself from the Muslims by wearing a humble dress, and

sometimes adding a label of a certain colour to his coat.

He must not ride on horse-back or carry arms;though

wearing the sword was a necessary part of the dress of

every gentleman of that age. He must show a generally

respectful attitude towards Muslims. The Hindu was also

under certain legal disabilities in giving testimony in law-

courts, protection under the criminal law, and in marriage.

Finally, in the exercise of his religion he must avoid any

publicity that may rouse the wrath of the followers of the

Prophet.

"Under the Canon Law, as followed in Islamic

countries, a man who converts a Muslim to some other

faith is liable to death at the hands of any private Muslim,

and so also is the apostate from Islam."

4043. Thereafter the authors further said:

"Sir Jadunath's exposition of the Islamic theory, and in

particular his view of the nature of the jizya, has been

opposed by some. But his views are fully borne out by the

following passage in the Zakhirct-ul-Muluk by Shaikh

Hamadani:

"The is another mandate relating to those subjects who are

unbelievers and protected people (zimmis). For their

4401

governance, the observance of those conditions which the

Caliph 'Umar laid in his agreement for establishing the

status of the fire-worshippers and the People of the Book

(Jews and Christians) and which gave them safety is

obligatory on rulers and governors. Rulers should impose

these conditions on the zimmis of their dominions and make

their lives and their property dependent on heir fulfilment.

The twenty conditions are as follows:

1. In a country under the authority of a Muslim ruler,

they are to build no new homes for images or idol temples.

2. They are not to rebuild any old buildings which

have been destroyed.

3. Muslim travellers are not to be prevented from

staying in idol temples.

4. No Muslim who stays in their houses will commit a

sin if he is a guest for three days, if he should have

occasion for the delay.

5. Infidels may not act as spies or give aid and

comfort to them.

6. If any of their people show any inclination towards

Islam.

7. Muslim are to be respected.

8. If the zimmis are gathered together in a meeting

and Muslims appear, they are to be allowed at the meeting.

9. They are not to dress like Muslims.

10. They are not to give each other Muslim names.

11. They are not to ride on horses with saddle and

bridle.

12. They are not to possess swords and arrows.

4402

13. They are not to wear signet rings and seals on

their fingers.

14. They are not to sell and drink intoxicating liquor

openly.

15. They must not abandon the clothing which they

have had as a sign of their state of ignorance so that they

may be distinguished from Muslims.

16. They are not to propagate the customs and

usages of polytheists among Muslims.

17. They are not to build their homes in the

neighbourhood of those of Muslims.

18. They are not to bring their dead near the

graveyards of Muslims.

19. They are not to mourn their dead with loud

voices.

20. They are not to buy Muslim slaves.

At the end of the treaty it is written that if zimmis

infringe any of these conditions, they shall not enjoy

security and it shall be lawful for Muslims to take their

lives and possessions as though they were the lives and

possessions of unbelievers in a state of war with the

faithful.

It is unnecessary for our present purpose to enter

into any further discussion about the correctness of Sir

Jadunath's interpretation of the Muslim scripture, but there

is no doubt that he correctly represents the view accepted,

both in theory and practice, by the Muslim rulers and

theologians in India during the period under review. And

this is really more relevant to the present issue."

4403

4044. Sri Jain also referred to the following narration

contained in pages 620 as under:

"Reference has already been made above to the position of

the Hindus in Muslim State according to Islamic theory as

explained by the 'wise men', and particularly Qazi Mughis-

ud-din of Bayana, to Ala-ud-din Khalji, and the earnestness

with which the Sultan carried it into practice.

Muhammad bin Tughlaq is generally, and perhaps

rightly, regarded as a man of liberal views. The Chinese

Emperor asked for his permission to build a temple at

Samhal, a place of pilgrimage in the Himalayan hills

frequented by the Chinese, which the Muslim army "had

seized, destroyed and sacked". But the Sultan, who

accepted the rich presents sent by the Chinese Emperor,

wrote to him a reply to this effect: "Islam does not allow

the furthering of such an aim and the permission to build a

temple in a Muslim country can be accorded only to those

who pay the jizya."

It has been already stated above, that Firuz Tughlaq,

who also looked upon India as a Muslim country, held

more bigoted views, for he would not permit the erection of

new temples even by those who paid the jizya. He, however,

realized this tax with utmost rigour even from the

Brahmans who were up to that time exempted from it.

The true nature of the jizya is further revealed by the

opposition of the orthodox Muslims to the idea that the

Hindus should be allowed to perform their religious

ceremonies simply by the payment of the jizya. The

historian Ziya-ud-din Barani, a contemporary of the two

4404

Tughlaq emperors, mentioned above, wrote in righteous

indignation.

". . . . Should the kings consider the payment of a few

tankas by way of jizya as sufficient justification for their

allowing all possible freedom to the infidels to observe and

demonstrate all orders and details of infidelity, to read the

misleading literature of their faith and to propagate their

teachings, how could the true religion get the upper hand

over other religions and how could the emblems of Islam

be held high. . . . ."

It would thus appear that an orthodox section of the

Muslims chafed at the Hanafite doctrine which was

officially accepted by the Muslim rulers in India. As Qazi

Mughis-ud-din pointed out to 'Ala-ud-din Khalji, 'it was

Hanifa alone who assented to the imposition of the juzuya

on the Hindus. Doctors of other schools allow no other

alternative but 'Death or Islam'. As has been stated above,

Sultan Mahmud followed this policy, and evidently Barani

and men of his ilk yearned for its restoration in the

fourteenth century. Barani gave vent to this feeling in the

following passage in his Fatawa-i-Jahandari. "If Mahmud .

. . . had gone to India once more, he would have brought

uder his sword all the Brahmans of Hind who, in that vast

land, are the cause of the continuance of the laws of

infidelity and of the strength of idolators, he would have cut

off the heads of two hundred or three hundred thousand

Hindu chiefs. He would not have returned his "Hindu-

slaughtering" sword to its scabbard until the whole of Hind

had accepted Islam. For Mahmud was a Shafi'ite, and

4405

according to Imam Shafi'i the decree for Hindus is "either

death or Islam"-that is to say, they should either be put to

death or embrace Islam. It is not lawful to accept jizya

from Hindus as they have neither a prophet nor a revealed

book." The same book shows how Barani chafed at the idea

that the “desire for the overthrow of infidels and the

abasing of idolators and polytheists does not fill the hearts

of the Muslim kings”, who “permit the banners of infidelity

to be openly displayed in their sapital and in the cities of

Muslims, idols to be openly worshipped ." “How”, asks

the Indignant historian, “will the true faith prevail if rulers

allow the infidels to keep their temples, adorn their idols,

and to make merry during their festivals with beating of

drums and dhols, singing and dancing?”

If a learned historian and a distinguished Muslim felt

no scruple in openly expressing such views in writing, in

the fourteenth century A.D., i.e. six hundred years after the

Muslims first settled in India, one can well understand why

the gulf between the Hindus and the Muslims could never

be bridged.

A perusal of the history of Afif, another great

historian of the period, conveys the same lesson. He puts in

the mouth of the wazir of Firuz Tughlaq a long speech in

which he frankly says that a State should have only two

ends in view, namely (1) prosperity of the kingdom and

protection of the people, etc.; and (2) destruction of the

infidels and expansion of the kingdom.”

4045. He also refers to page 627 of the book were the

'Travellor's Account' of 'Ibn Batutah', who came to India about

4406

the middle of the 14th century A.D. during the reign of

Muhammad bin Tughlaq has been dealt with and refers to the

following:

"Ibn Batutah confirms the general statement, made above,

particularly about forcible conversion, mass-enslavement,

and the inferior status of the Hindus as zimmis. Thus he

remarks that "other nations embraced Islam only when the

Arabs used their swords against them."

4046. The Muslims and non Muslims peoples were also

treated differently. One of such illustration has also been noticed

by J.S. Grewal, Director, Indian Institute of Advanced Study,

Shimla in his book “The New Cambridge History of India II.3

The Sikhs of the Punjab" and in Chapter 2 thereof, which is

under the heading “Foundation of The Sikh Panth”, it says :

“The rulers are unjust; they discriminate against their non-

Muslim subjects by extorting jizya and pilgrimage tax. The

ruling class is oppressing the cultivators and the common

people. The rajas prey like lions and the muqaddams eat

like dogs; they fall upon the raiyat day and night.

Notwithstanding the association of non-Muslims with the

administration at subordinate levels, contemporary rule is

occasionally equated with 'Muslim” rule.”

4047. The historical events as they took place are fait

accompli. In our view today whether we appreciate or condemn,

like or dislike, the practice, policy, individual acts or omissions

on the part of a Ruler, who invaded India or his successor who

ruled India in the past, we cannot forget that whatever they

have done is a matter of history and will always remain so. After

this length of period, we are not able to understand as to how

4407

this Court is competent either to comment upon the genuity or

ingenuity, justification or injustification, correctness or

incorrectness, cruelty or liberality etc. on their part. One side

while condemning the acts of any of such invader and/or Ruler

may find obstruction as a track of rocks difficult to break.

Similar attempt on the part of other side either to justify such

acts or to otherwise glorify the same would be of no help. If

something is wrong ex facie it was always so but the concept of

wrongness is a relative one. Something which may be wrong at

one point of time for some individual may not be so at another

point of time or for other set of individuals. It depends on a

variety of factors, which we find difficult to place in a strait

jacket formula or to codify. It is a historical fact that before

independence of India in 1947, most of the geographical area of

this Country had to face a large number of invasions either from

a north west side or from Europe from different directions.

Mainly these warring incursions were with the motive of

syphoning off the huge wealth this Country had. Some times

those invaders decided to make it a source of regular earning

and left their Governors/ Representatives/ Commanders in their

conquered territory to rule. The religious background those

invaders had, came along with them but all the individuals did

not come from their native place. The situation was exploited by

creating such circumstances so that the native people of the

conquered territories of this Country would have no option but

to convert their religion so as to avail favour of Rulers. These

are some of the historical illustrations which this Country had

experienced in last more than a millennium. In our view, this by

itself would not be a relevant factor to decide or adjudicate an

4408

issue in the present day territory governed by a written and

codified law including a written Constitution. All the persons

irrespective of their religion, faith, customs, etc. who were

residing in the territory of India set out in our Constitution at the

time of its promulgation became citizens of this Country besides

those who have born or otherwise have acquired citizenship as

per the procedure laid down in the Constitution and the statute

concerned. They are governed by the statutes as are in force in

this Country. A Court of law is also bound to decide a matter in

accordance thereof. Neither the Rulers several hundred years

back were governed by these statues we are confronted or

governed nor they can be under the authority of judicial review

of a Court of a judicial system which came into existence later

on and is governed by a different system in-vogue subsequently.

4048. For our purpose it is not at all necessary to go into

this larger question and the manner in which it has been raised

since certain facts are the matters of history and all those who

have some idea of history are well aware. Whether an act of past

should be seen in a different context colour or texture may be a

subject matter of debate and discussion amongst the intellectual

of this country whose approach is also tainted with their own

mind set and this is really unfortunate part that we are still

looking for only unbiased independent and objective historians

who may give us a correct and clear picture of historical

evidence but whatever we had to do suffice it to conclude that

the incidence of temple demolition are not only confined to past

but is going in continuously. The religion which is supposed to

connect all individuals with the brotherly feeling has become a

tool of hearted and enmity. For the purpose of the present case

4409

we can stop on this aspect by simply observing that the

justification sought to be canvassed by some of the expert

witnesses of Muslim parties that in the history the people who

attacked the Indian continent from its northern borders of Panjab

etc. in the last more that thousand years and odd have acted

according to their understanding and policies as the case may be

but they are totally irrelevant in the present day time where this

county is governed by a written constitution which clearly

declare no discrimination merely on the ground of religion.

4049. Some of the learned counsel for the parties sought to

rely on the Constitution Bench decision in Dr. M. Ismail

Faruqui (supra) by reading certain passages in a manner as if

the Apex Court has expressed its opinion on certain aspects

which are contentious issues before this Court in the suits

pending before us and said that the said observations are binding

on this Court and, therefore, those aspects cannot be looked into.

4050. Sri Iyer, Senior Advocate sought to read the

aforesaid judgement where the contents of the White Paper

issued by the Central Government quoted to suggest that these

are the findings of the Government of India having taken note

by the Apex Court and, therefore, should be treated to be

concluded. It is suggested that the issues, if any, in those matters

should be deemed to be concluded by the judgement of the Apex

Court.

4051. We, however, find no force in the submission. The

Constitution Bench considered the validity of Ayodhya Act,

1993 whereby certain land at Ayodhya including the land which

was subject matter in these suits sought to be acquired by the

Government of India. Further, the Apex Court was considering

4410

the special reference made by the President of India on 7th

January, 1993 under Article 143 of the Constitution seeking

opinion of the Apex Court on the following question:

"Whether a Hindu temple or any Hindu religious

structure existing prior to the construction of Ram Janma

Bhumi-Babari Masjid (including the premises of the inner

and outer courtyard of said structure) in the area on which

the structure stood."

4052. In the context of the above matters the Apex Court

refers in detail the contents of the White Paper published by the

Government of India in February, 1993. In the context of the

question as to whether certain provisions of the Act, 1993 are

valid or not, the Court considered several aspects and repelled

the argument that the Act is discriminatory containing

provisions more favourable to Hindus by observing that certain

rights of Hindus also stand adversely affected.

4053. It is in this context that certain facts place on record

are mentioned therein but it cannot be said that those facts stood

adjudicated by the Apex Court for the reason that those facts

neither were in issue before the Court nor actually have been

adjudicated. The only one question which has specifically been

considered and decided that was necessary in the light of

challenge thrown to the power of acquisition of land over which

a mosque existing. It appears that pro-mosque parties raised a

contention that a mosque cannot be acquired because of special

status in Mohammedan Law irrespective of its significance to

practice of the religion of Islam. This argument in the context of

acquisition of land was considered from para 68 (AIR) and

onwards in the judgement. The Court has held that the right to

4411

worship of Muslims in a mosque and Hindus in a temple was

recognised only as a civil right in British India. Relying on the

Full Bench decision of Lahore High Court in Mosque Known

as Masjid Shahid Ganj Vs. Shiromani Gurdwara

Prabandhak Committee, Amritsar, AIR 1938 Lahore 369

where it was held that a mosque if adversely possessed by non

muslims it will loose its sacred character as mosque, the Apex

Court held that, "the view that once a consecrated mosque, it

remains always a place of worship as a mosque was not the

Mahomedan Law of India as approved by Indian Courts." The

Lahore High Court also held that, "a mosque in India was an

immovable property and the right of worship at a particular

place is lost when the right to property on which it stands is lost

by adverse possession." Both these views were approved by the

Privy Council and the Apex Court followed the said view.

Besides, independently also the Court took the view that the

sovereign power of the State empower it to acquire property. It

is a right inherent in every sovereign to take an appropriate

private property belonging to individual citizens for public use.

This right is described as eminent domain in American Law and

is like the power of taxation of offering of political necessity

and is supposed to be based upon an implied reservation by the

Government that private property acquired by its citizens under

its protection may be taken or its use can be controlled for

public benefit irrespective of the wishes of the owner. The Court

also considered the right of worship whether a fundamental right

enshrined under Article 25 or 26 of the Constitution and

observed, "while offer of prayer or worship is a religious

practice, its offering at every location where such prayers can be

4412

offered would not be an essential or integral part of such

religious practice unless the place has a particular significance

for that religion so as to form an essential or integral part

thereof. Places of worship of any religion having particular

significance for that religion, to make it an essential or integral

part of the religion, stand on a different footing and have to be

treated differently and more reverentially". Ultimately the law

has been laid down by the Constitution Bench by majority that

under the Mohammedan Law applicable in India title to a

mosque can be lost by adverse possession. If that is the position

in law, there can be no reason to hold that a mosque as a unique

or special status, higher than that of the places of worship of

other religions in secular India to make it immune from

acquisition by exercise of the sovereign or prerogative power of

the State. A mosque is not an essential part of the practice of

religion of Islam and namaz (prayer) by Muslims can be offered

anywhere even in open. The Court also held that unless the right

to worship at a particular place is itself an integral part of that

right, i.e., the place is of a particular significance, its alienability

cannot be doubted. The Apex Court having answered the various

questions on the validity of the Act 1993 decline to answer the

reference and return the same as such as it is. The suits having

been revived due to striking down of Section 4(3) of the Act,

this Court trying the original suits has to decide the entire matter

on merits unless it can be shown that a particular issue which is

engaging attention of this Court in trial of the original suit has

already been raised, argued and decided by the Apex Court. The

learned counsels for the parties have not been able to show any

such finding in respect to the matters which are involved in

4413

various issues before this Court and, therefore, we are not in

agreement with the counsels for the parties as argued otherwise.

4054. The mere fact that some facts have been noticed by

the Government of India in White Paper and those facts have

simply been noticed by the Apex Court while referring to the

facts mentioned in the White Paper, it cannot be said that those

facts can be construed as if they have been accepted by the Apex

Court to be correct and stand adjudicated. The law of precedent

is well known. The authority of the superior Court laying down

a law is binding on the Courts below provided a matter has been

decided by the Court. An issue can be considered to be decided

by a superior Court when it was raised, argued and decided and

only then it is a binding precedent for the other courts.

4055. The ultimate inference, which can reasonably be

drawn by this Court from the entire discussion and material

noticed above, is:

(i) The disputed structure was not raised on a virgin, vacant,

unoccupied, open land.

(ii) There existed a structure, if not much bigger then at least

comparable or bigger than the disputed structure, at the

site in dispute.

(iii) The builder of the disputed structure knew the details of

the erstwhile structure, its strength, capacity, the size of

the walls etc. and therefore did not hesitate in using the

walls etc. without any further improvement.

(iv) The erstwhile structure was religious in nature and that too

non-Islamic one.

(v) The material like stone, pillars, bricks etc. of the erstwhile

structure was used in raising the disputed structure.

4414

(vi) The artefacts recovered during excavation are mostly such

as are non-Islamic i.e pertaining to Hindu religious places.

Even if we accept that some of the items are such which

may be used in other religions also. Simultaneously no

artefacts etc., which can be used only in Islamic religious

place, has been found.

4056. The claim of Hindus that the disputed structure was

constructed after demolishing a Hindu temple is pre-litem and

not post-litem hence credible, reliable and trustworthy. Till late,

no person of any other religion except the Hindus have been

continuously staking their claim over the site in dispute on the

ground that this is the place of birth of Lord Rama and there was

a temple. In normal course, there could not have been any

reason for such persistent attachment to the site had there been

no basis or substance for the same particularly when this kind of

persistence is continuing for the last hundreds of years. The

various non-Indian writers, who have mentioned these facts,

clearly stating that a Hindu temple was demolished for

constructing mosque in question. May have some motive if it

would have been a case of only post nineteenth century when

the British Government virtually came in power and sought to

evolve the theory of "Divide and Rule" but even prior thereto,

these facts have been noticed and recognized. Tieffenthaler was

a missionary have no motive in making such remark when he

visited Oudh area between 1766 to 1771 and such work was

published in 1786.

4057. This belief is existing for the last more than 200

years from the date the property was attached and therefore,

having been corroborative by the above it can safely be said that

4415

the erstwhile structure was a Hindu temple and it was

demolished whereafter the disputed structure was raised.

4058. One more aspect remains to be seen. Issue No.1(b)

(Suit-4) further requires that if the first part is answered in

affirmative, then what shall be its effect. We have already held

that whatever happened was in an era when this Court and/or the

codified statute or the Constitution of India at that time was not

applicable. The intent of the sovereign was supreme at that time.

We can only see the de facto position as has resulted after the

aforesaid event but we find no authority to consider this event

de jure. The de facto position is that after demolition, a building

was constructed in the shape of a mosque. It is also de facto

position that despite construction of such building in the shape

of the mosque, it was used and continued to be visited by

Hindus for offering worship, Puja and Darshan since according

to their belief, they treated it to be the birth place of Lord Rama

in respect whereto there was no alternative and according to

their belief, the piety and reverence, the place is permanent and

not liable to be disturbed in any manner by any such act.

4059. Accordingly, we answer both the issues i.e. Issue

No.1(b) (Suit-4) and Issue No. 14 (Suit-5) in affirmative.

(B) Existence of other Hindu religious places making the disputed building landlocked by religious places of Hindus:

4060. In this category, falls Issue No. 19 (b) (Suit-4),

which reads as under:

"Whether the building was land-locked and cannot be

reached except by passing through places of Hindu

worship? If so, its effect?"

4061. This issue has been framed considering pleadings of

4416

the defendants that no Muslim person could have entered the

building in dispute for the reason that it is landlocked by the

Temples and other Hindu religious places of worship. In para 28

(B) of the written statement of defendant no. 13, Mahant

Dharam Das, it has been said that no one could enter the three

domed structure except after passing through the places of

Hindu worship, i.e., Ram Chabutara; Charan and Sita Rasoi. It is

said that according to the tenets of Islam, a Mosque should

never be landlocked by a Hindu place of worship and there can

be no co-sharing in title or possession with Allah, particularly, in

the case of a Mosque. His possession must be exclusive. To the

similar effect is the pleading in para 31 of the written statement

of defendant no. 13.

4062. We have referred to the site maps while discussing

issues relating to limitation. One of the oldest map, which is

available, is that of 1885 prepared by Sri Gopal Sahai Amin, a

Commission appointed by the Civil Court in Suit-1885. So far

as the disputed site is concerned, he had clearly noticed

existence of three structures in the outer courtyard, i.e., Ram

Chabutara on the south east side, a Chhappar on the north east

side and Sita Rasoi on the north west side. Another map was

prepared and submitted in the Court of Civil Judge, Faizabad on

25th May, 1950 by Sri Shiv Shankar Lal, Pleader, who was also

appointed as Commissioner in Suit-1 for preparing the site map.

Here also he has mentioned three structures in the outer

courtyard as were noted in the earlier map at the same places.

Besides the above, in the vicinity of the disputed site, other

existing places which are shown in the map are: on the eastern

side, Mandir Sri Vijay Raghav Sakshi Gopal, Shenakr

4417

Chabutara; on the south east side Sita Koop, Tulsi Chaura,

Sumitra Bhawan; on the southern side Lomash Chaura and on

the northern side, it shows Narad Chabutara. The aforesaid map

was not disputed in that suit by the defendant no. 2, who

contested that matter as Mutwalli of the alleged wakf of the

disputed building and in the present case, by both the parties

except of nomenclature.

4063. This situation is virtually admitted by the parties

also including the plaintiffs (Suit-4) as is evident from the the

deposition of their witnesses, though in the pleading, initially,

they tried to deny existence of Sita Rasoi etc. in the premises of

outer courtyard of property in dispute. This is evident from the

following:

(i) PW 1, Mohd. Hashim:

^^igys tc iwjc ds QkVd ls vUnj tkrs Fks rks nf{k.k dh rjQ ,d

pc wrj k FkkA ml ij dHkh&dHkh iqtkjh yksx cSBrs FksA ;g pcqrjk jkLrs

ls nl dne gVdj FkkA ml ij ,d NIij FkkA efLtn ds mRrj

njokts ds ikl ,d pwYgk cuk gqvk Fkk] mldks lhrk jlk sb Z dgrs FksA

ml jkLrs ls vkus esa jlksbZ ds dkj.k dksbZ :dkoV ugha FkhA lhrk jlksbZ

ds lkeus ,d pkjnhokjh Fkh vkSj T;knk HkhM+ gks tkus ij mRrj okys

njokts ls tkrs FksA blds ckn efLtn ds vUnj ,d vkSj nhokj Fkh]

mlds lnj njoktk ij rkyk yxk gqvk FkkA^^¼ist 3&4½

"There was a Chabutra on the south, when we would go

inside through the eastern gate earlier. Priests would

sometimes sit on the said Chabutra. This Chabutra was ten

paces away from the pathway. There was a shed on it. Near

the northern gate of the mosque was built a hearth, which

was called Sita Rasoi. In coming inside from that pathway,

there was no hurdle on account of their being Rasoi. There

was a four-walled enclosure in front of Sita Rasoi, and we

4418

would enter from the northern gate, whenever there was

much crowd. After that, inside the mosque lay another wall,

main gate of which was locked." (E.T.C)

^^ml pc wrj s ij ydM+h dk LVªDpj Fkk ftl ij Qwl Nk;k gqvk

FkkA ;g ydM+h dk rEcw uqek <kapk vDlj gj efUnj esa ewfrZ;ksa dks j[kus

ds fy, cuk;k tkrk gSA^^ ¼ist 25½

"On that Chabutra there lay a wooden structure which was

covered with thatched. This wooden tent like structure is

often raised in every temple for keeping idols." (E.T.C)

^^igys tc iwjc ds QkVd ls vUnj tkrs Fks rks nf{k.k dh rjQ ,d

pc wrj k FkkA ml ij dHkh&dHkh iqtkjh yksx cSBrs FksA tks igys eSaus

dgk Fkk] iqtkjh pcwrjs ij cSBrs Fks] og xyr gS] ogk¡ ij dqN yksx cSBrs

Fks vkSj ;g ckr lgh gSA ;g vke vkneh fgUnw Fks ij iqtkjh ;k lk/kq

ugha Fks] ;s yksx v;ks/;k ds ugha FksA --- lu~ 1949 esa lhrk jlk sb Z Q'kZ

ds cjkcj FkhA lhrk jlksbZ ij pwYgk pkSdh] csyuk pwus xkjs dk cuk Fkk

o"kZ 1949 esaA ml ij pkj tksM+h iSj ds fpUg~ ugha FksA ;g p wYgk

c syuk tks cuk Fkk og lrg ds cjkcj Fkk flQZ fn[kkbZ nsrk FkkA 'kq:

esa ge yksx Hkh mldks djhc ls ns[krs Fks] ml le; dksbZ ruko ugha FkkA

mldks vke yksx lhrk jlksbZ dgrs FksA ---lhrk jlk sb Z dk n'k Zu

dju s tkr s Fk sA ^^¼ist 27½

"Whenever we would go inside through the eastern gate

earlier, there was a Chabutra on south. Priests would

sometime sit on it. My earlier statement to the effect that

the priests would sit on Chabutra, is incorrect; some people

would sit there and this fact is correct. These common men

were Hindus but they were not priests or saints; these

people did not belong to Ayodhya. . . . . In 1949, Sita Rasoi

was on the level with the floor. In 1949, 'Chulha' (hearth),

'Chowki' and 'Belna' (rolling pin) was made with lime-

mortar. Four pairs of foot prints were not there on it. This

4419

'Chulha-Belna', which was made, was on the level with the

ground; it was just visible. In the beginning we would see it

from a close range; no tension prevailed at that time.

Common people called it Sita Rasoi. . . . . would go to

have darshan of Sita Rasoi." (E.T.C)

^^iwohZ QkVd ds vUnj vkus ij ckgjh nhoky ds vUnj mRrj rjQ ,d

yEck lk NIij Fkk] og Hk.Mkj Fkk ;k ugha ;g ugha crk ldrkA ;g

yEck lk NIij uhe ds isM+ ds uhps FkkA yksx ml NIij esa jgrs Fks ij

eq>s ugha ekywe dkSu yksx jgrs FksA bl NIij ds uhps fgUnw yksx jgrs

Fks] eqlyeku yksx ugha jgrs FksA^^ ¼ist 31½

"On entrance through the eastern gate, towards the north

inside the outer wall there was a long shed; I cannot tell

whether it was 'Bhandar' (store room) are not. This longish

shed was under a neem tree. People used to live in that

shed but I do not know who they were. Under this shed, the

Hindus resided; the Muslims did not reside." (E.T.C)

^^mRrj dh rjQ lhrk jlksbZ dks NksM+dj [kqyk lgu gS vkSj fQj ckgjh

nhoky gSA ---fookfnr tk;nkn ds nf{k.k rjQ l q fe=k Hkou efUnj

Fk k ] mls Hkh fxjok fn;kA^^ ¼ist 32½

"On the north, except Sita Rasoi, there is an open

courtyard and after that lies an outer wall. . . . . To the

south of the disputed property was Sumitra Bhawan

temple, which too was demolished." (E.T.C)

^^;g lhrk jlk sb Z tk s e S au s igy s dgk g S ] og gekj s gk s' k l s

igy s l s pyk vk jgk g S A lhrk jlksbZ esa pwYgk] rlyk o csyuk dks

lhrk jlksbZ ds uke ls e'kgwj gksus dh ckr eq>s vius gks'k ls gSA lhrk

jlksbZ dh jke&lhrk dh tks lhrk gS] mlh uke ls tksM+k tkrk gSA^^ ¼ist

48½

"This Sita Rasoi, about which I have stated earlier, has

continued to exist since before the time I gained

4420

understanding. Since when I gained understanding, I have

knowledge about 'Chulha' (hearth) 'Tasla' and 'Belna'

(rolling pin) getting famous by the name of Sita Rasoi. Sita

Rasoi is associated with the name of that very Sita, who

forms Ram-Sita couple." (E.T.C)

^^1885 esa tks eqdnek egar j?kqojnkl vkSj vlxj vyh ds chp esa pyk

Fkk] mlesa Hkh lhrk dwi dk ftØ vk;k Fkk ;k ugha eq>s ekywe ugha gSA

lhrk dwi dksbZ ljdkjh fjdkMZ esa ugha gS] ml oDr dqvk¡ Fkk] fjdkMZ esa

dqvk¡ gSA eq>s vkt rd bl pht dk bYe ugha gqvk fd ;s dqvk¡ lhrk

dwi ds uke ls e'kgwj gSA bl dq,a ds lkeus eSaus dHkh dksbZ blds uke

dk iRFkj ugha ns[kkA^^ ¼ist 58½

"I do not know whether or not Sita- koop has also found

mention in a case in which Mahant Raghubar Das and

Asgar Ali were involved in 1885. Sita-koop does not find

mention in any Government record ; there was a well at

that time, there is well in record. I have not till date had

knowledge as to whether this well is famous as Sita-koop. I

never saw any stone named after it, in front of this well."

(E.T.C)

^^ftl pc wrj s dk ftØ eSaus vius igys c;ku esa fd;k gS og pc wrj k

H k h , - ch - lh - Mh - d s vUnj 'k k fey g SA ftl pcwrjs dk vkSj

lhrk jlksbZ dgs x, fu'kkukr dk ftØ eSaus vius igys c;ku esa fd;k gS

og txg Hkh bl ,- ch- lh- Mh- dk ,d fgLlk gSA bu uD'ks dks ns[kdj

eSa ugha crk ldrk fd og lhrk jlksbZ okyk fgLlk dkSu lk gSA eSaus ugha

ns[kk fd og lhrk jlksbZ fgLlk bl IykV ,- ch- lh- Mh- ds dkSu rjQ

gSA eSa bl ckr dk tcko ugha ns ldrk fd og mRrj if'pe ds dksus

ds rjQ gS ;k ughaA tks lhrk jlksbZ dk c;ku eSaus igys fn;k gS og bl

uD'ks esa ugha fn[kkbZ xbZ gSA eSa ml txg dh ckor fd og fdl fo'ks"k

IokbZaV ij gS bl uD'ks ds fglkc ls ugha crk ldrkA^^ ¼ist 114½

"The Chabutra I have mentioned about in my earlier

statement, is also included in the space marked as ABCD.

4421

The Chabutra and emblems like Sita Rasoi- I have

mentioned about in my earlier statement-is also a part of

ABCD marked place. Looking at this map I cannot say

which is the Sita Rasoi portion. I did not see on which side

of the ABCD marked plot Sita Rasoi is located. I cannot

respond to a query as to whether it is towards the corner of

north-west or not. The Sita Rasoi about which I have

deposed earlier, is not shown in this map. On the basis of

this map, I cannot locate at which particular point it is

located." (E.T.C)

^^1934 l s 1949 d s chp e s a fook fnr tk;nkn e s a dk sb Z

rCnhyh ugh a g q b Z A eq>s ekywe ugha fd lhrk jlksbZ vkSj pcwrjk ftl

gkyr esa 1934 esa Fkk] mlh gkyr esa 1949 esa dqdhZ gksus rd jgkA 1934

ls 1949 ds chp esa ml lhrk jlksbZ esa ftldk ftØ esjs c;ku ds igys

fgLls esa vk;k gS] dksbZ rCnhyh ugha gqbZA ysfdu ,d ckj fQj dg nwa fd

og jlksbZ tehu dh lrg ds lkFk feyh gqbZ Fkh] ftldh rjQ geus

dksbZ /;ku ugha fn;kA ¼,Dtkfeus'ku bu phQ½A ;g Bhd gS fd 1934

vkSj 1949 ds chp esa ml pcwrjs esa Hkh dksbZ rCnhyh ugha dh xbZ]

ftldk ftØ esjs ,Dtkfeus'ku bu phQ esa vk;k gSA^^ ¼ist 117½

"No changes were effected in the disputed property

between 1934 and 1949. I cannot tell whether Sita Rasoi

and Chabutra continued to be in the same position as it

existed in 1934, till attachment in 1949. No change was

effected in that Sita Rasoi I have mentioned in the first part

of my statement. But I would like to repeat once more that

the said Rasoi abutted on the ground surface, towards

which I did not pay any attention. (Examination-in-chief).

It is true that between 1934 and 1949 no alternation was

effected in that Chabutra as well, which has found mention

in my examination-in-chief." (E.T.C)

4422

^^;g ifjØek bl tk;nkn d s pkjk s a rjQ g SA ;g cgqr iqjkuh

ifjØek gS vkSj fgUnw yksx gekjs gks'k ls bl ifjØek dks djrs vk jgs

gSaA blh ifjØek e s a ge Hk h g S a] og gekjh H k h ifjØek djr s

g S aA ^ ^ ¼ist 141½

"This 'Parikrama' (circumambulation) is on all the four

sides of this property. This is a very old circumambulation,

and the Hindus have been performing this

circumambulation since when I gained understanding. We

are also within this very circumambulation area; they

perform circumambulation around us also." (E.T.C)

(ii) PW 2, Haji Mahboob Ahamad:

^^bl yku e s a nf{ k. k dh rjQ Å¡pk pc qrjk ugh a Fk k ] ,d

pc qrjk Vkbi LFk ku t:j Fk k - - - - - - - - - - - - - - - - e S a ugh a dg

ldrk fd ml NIij e s a c SBu s oky s fgUn w gk sr s Fk s ;k

e qlyekuA^ ^ ¼ist 52½

"On the south in this lawn, there was no elevated

Chabutra; there was certainly a place looking like a

Chabutra. . . . . I cannot say whether those sitting in that

shed were Hindus or Muslims." (E.T.C)

^^CySd ,.M OgkbV ,yce 29&30 QksVks eSaus ns[k yh gS blesa fn[kkbZ xbZ

NIij vkSj pcqrjk bl rjg ls ugha Fks] gkykafd NIij igys Hkh Fkk

ysfdu mldh lwjr nwljh FkhA^^ ¼ist 53½

"I have seen the photographs 29-30 of the black and white

album; the shed and chabutra shown in them were not like

this. The shed, however, existed since before but it had a

different shape. " (E.T.C)

^^lgu ds vUnj lhrk jlksbZ dk pwYgk csyuk ugha Fkk cfYd ;g phtsa

lgu ds ckgj yku esa FkhA^^ ¼ist 54½

" Chulha (hearth) and belna (rolling pin) of Sita rasoi were

not inside the court yard but these things were in the outer

4423

lawn. " (E.T.C)

(iii) PW 3, Farookh Ahamad:

^^---bl lgu ds nf{k.k esa ,d NksVk&lk pc wrj k Fkk vkSj ml ij ,d

NIij FkkA ;g pcwrjk ,d vkSj Ms<+ gkFk ds chp dh Å¡pkbZ rd FkkA---

bl pcwrjs ds nf{k.k fgLls ls efLtn dh nf{k.k nhokj 40&50 QqV ds

Qklys ij gksxhA --- mRrjh taxys okyh nhokj ls fudyrs gh if'peh

rjQ dqN fu'k kukr pdyk ] c syu vk S j p wYg s d s cu s g q,

Fk sA ^^¼ist 20½

" To the south of this court yard, there was a small

Chaubutra, and on that lay a shed. This Chabutra was at

the height of one to one-a-half hand-span. . . . .The

southern wall of the mosque would be 40-50 feet away

from the southern portion of this Chabutra. . . .

.Immediately after exiting from the northern grill wall,

some marks such as those of 'Chakla', 'Belna' and

'Chulha' were made on the western side." (E.T.C)

^^gekjh gks'k esa ;g NIij chlksa ckj cnyk x;k gksxkA lky Ng ekg esa

cnyk tkrk FkkA^^¼ist 21½

"In my knowledge, this shed must have been changed

twenty times. It used to be changed at the interval of a year

or sixth months." (E.T.C)

^^lnj njokt+s ls vUnj nkf[ky gksus ij nfD[ku dh rjQ tks pcwrjk Fkk

ml ij lHkh yksx ftuesa iqtkjh Hkh 'kkfey gksrs Fks] cSBk djrs FksA---

e sy s d s oDr Hk h gj et +gc d s yk sx pc wrj k n s[ ku s vkr s

Fk sA ----- og NIij vkSj pcwrjk eSa vius gks'k ls ns[krk vk jgk FkkA^^

¼ist 29&30½

" On the entrance through the main gate, towards the south

there was a Chabutra on which all the people, including

priests as well, would sit. Even on the occasions of fair

people of all religions would come and have glimpse of

4424

Chabutra. . . . . I continued to see this shed and Chabutra

since when I gained understanding." (E.T.C)

^^tks pdyk csyu vkSj pwYgk ds fu'kkukr cus Fks] og geus 1949 ls igys

Hkh ns[ks FksA ---- vkt ls 60&70 lky igys pdyk&csyu ns[kk Fkk vkSj

NIij Hkh ns[kk FkkA** ¼ist 95½

“The existing marks of 'Chakla', 'Belan' and stove

(chulha), had been seen over there by me even before 1949.

. . . About 60-70 years ago, I had seen the chakla-belan, as

also the thatched roof.”(E.T.C)

(iv) PW 4, Mohd. Yasin:

^^---taxys okyh fnokj ds mRrj dh rjQ ckgjh lgu esa dksbZ pwYgs dk

fu'kku rks ugha Fkk ysfdu pdyk vkSj csyu t+:j cus gq, FksA bl

pdys csyuk dks vkSj Åij crk;s x;s nksuksa NIijksa dks eSa viuh gks'k esa

1949 rd ns[krk jgk FkkA^* ¼ist 19½

". . . to the south of grill wall, in the outer courtyard there

were certainly no marks of any 'Chulha' (hearth) but

'Chakla' and 'Belna' were certainly raised. In my

knowledge I continued to see till 1949 this 'Chakla' and

'Belna' and the two thatched roofings stated above."

(E.T.C)

(v) PW 5, Abdul Raheman:

^^bl tk;nkn esa tc lnj njokts ls vUnj nkf[ky gksrs Fks rks ,d

rjQ ds ckgjh lgu esa NksVh lh Nifj;k Fkh vkSj nwljh rjQ pwYgk vkSj

csyuk j[kk FkkA*^ ¼ist 63½

"On entrance in this structure through the main gate, in the

outer courtyard there was small shed on one side and

'Chulha' and 'Belna' were placed on the other side."

(E.T.C)

(vi) PW 6, Mohammad Yunus Siddiki:

^^pcwrjk NIij ls iwjk <dk FkkA NIij ds vanj fdlh dks dqN djrs gq,

4425

ugha ns[kkA tc jkr dks eSa ogka tkrk Fkk rks vDlj yksx NIij esa lksrs

gq, fn[kkbZ nsrs FksA*^ ¼ist 11½

"Chabutra was completely thatched. I did not see anybody

doing any thing inside the said. Whenever I would go to the

shed there during nights, I would often see people sleep

there." (E.T.C)

^^;g bekjr pkjksa rjQ fnokjksa ls f?kjh gqbZ FkhA e S a , slk ugh a

le>rk fd ftl Hkou e s a p wYgk ] pk fd;k ] c syuk gk s ;k

ftUg s a fgUn w i wtr s gk s og efLtn ugh a gk s ldrhA^^¼ist 27½

"This building was enclosed with walls all around. I do not

have the understanding that the building in which there

are 'Chulha', 'Chakiya' and 'Belna' or which is

worshipped by Hindus, cannot be a mosque." (E.T.C)

(vii) PW 7, Hasmatulla Ansari:

^^ckgj lgu esa nf{k.k dh rjQ geus ,d pc wrj k n s[ k k Fk kA ml ij

,d NIij Hkh ns[kk FkkA ,d NIij mRrj e s a H k h Fk k vkSj ,d nf{k.k

esa Hkh FkkA ;g NIij vyx ls j[kk gqvk Fkk] tks mRrj dh rjQ Fkk]

ckm.Mªh oky ds lkFk ugha yxrk FkkA mRrj okyk NIij 6X8 fQV dk

Fkk] cM+k ugha FkkA tks NIij nf{k.k dh rjQ Fkk] og rdjhcu 20X15

QqV dk FkkA pcwrjk mlls cM+k FkkA og pcwrjk 21 fQV yEck jgk gksxk

vkSj 17 QhV pkSM+k gksxkA vkmVj ;kuh ckgjh lgu esa dksbZ o{k ugha

FkkA ;g ckgjh lgu mRrj dh rjQ ls pydj if'pe dh rjQ eqM+

x;k FkkA ysfdu ,slh gkyr nf{k.k dh rjQ ugha FkhA mRrj okyk lgu

dk og fgLlk tks if'pe dh rjQ eqM+ x;k Fkk] vkf[kjh nhokj rd

tkrk Fkk vkSj rdjhcu 90 QqV yEck FkkA bl fgLls dh pkSM+kbZ

rdjhcu 20 QqV gksxhA bl lgu dh Q'kZ Hkh iDdh FkhA^^ ¼ist 28½

"We had seen a Chabutra on the south in the outer

courtyard. I had also seen a thatched roofing on the said

Chabutra. 6here was a shed on the north and as also on

the south. This shed was separately laid which was on the

4426

north and it did not adjoin the boundary wall. The

northern shed was 6 X 8 feet; it was not a big one. The

shed which lay on the south was nearly 20 X 15 feet. The

Chabutra was bigger than the shed. The Chabutra would

have been 20 feet long and 17 feet wide. There was not tree

in the outer courtyard. This outer courtyard extended from

the northern side and turned towards the west. But such

position was not on the south. The portion of the northern

courtyard which had turning towards the west, extended

upto the last wall and was nearly 90 feet long. The width of

this portion must be nearly 20 feet. The floor of this

courtyard was metaled." (E.T.C)

^^bl lgu esa ,d p wYgk cuk g qvk Fk k vkSj ,d c syu cuk g qvk

Fk kA ¼fQj dgk½ ogk¡ ij pwYgk ugha Fkk] cfYd pdyk Fkk] ftl ij

jksfV;k¡ lsadh tkrh gSaA og pdyk vkSj csyu lhesaV ds cus gq, ekywe

nsrs FksA gesa rks ,slk ugha yxrk Fkk fd og laxejej ds cus gq, gksaA

pdyk T;knk ls T;knk ,d QqV ds nk;js esa jgk gksxkA csyuk ,d&Ms<+

QqV dk mlh ds lkFk dk FkkA ;g pdyk vkSj csyu lgu ls pkj ;k N

% bap dh ,d Å¡pkbZ ij NksVk lk Q'kZ cukdj ml ij LFkkfir fd, gq,

FksA eq>s ;kn ugha fd ;g Å¡ps mBk;k x;k pcwrjkuqek Q'kZ iRFkj dk

Fkk] laxejej dk Fkk ;k bZaVksa dk FkkA ;g pcwrjkuqek pht rhu ;k pkj

QqV yEch vkSj bruh gh pkSM+h FkhA ;g NksVk lk pcwrjk if'peh nhokj

ls rdjhcu 25 QqV ds Qklys ij FkkA --- mRrjh xsV esa vxj lM+d ls

nkf[ky gksdj ml bekjr esa tk;k tk, rks ;g NksVk pcwrjk ckbZa rjQ

iM+rk FkkA ckbZa rjQ iwjc fn'kk curh gSA ml njokts ls vUnj nkf[ky

gksrs oDr bl pcwrjs dks ikj ugha fd;k tkrk Fkk] FkksM+h lh bldh cxy

ls fudyk tkrk FkkA bl 4X4 ds NksVs pcwrjs dh nf{k.kh rjQ nhokj

Fkh] tks taxysnkj FkhA mlesa ,d njoktk Hkh Fkk] tks cUn jgrk FkkA ml

taxys okyk nhokj dh yEckbZ rdjhcu 30 QqV FkhA ;g iwjc if'pe

FkhA og taxys okyh nhokj if'pe fljs esa efLtn dh nhokj ls tk

feyrh FkhA tgk¡ ij ;g taxys okyh nhokj dk vkf[kjh dksuk if'pe

4427

dh rjQ Fkk] ogk¡ ls bekjr dh if'peh nhokj dk Qklyk rdjhcu 30

QqV FkkA mlesa mRrj dh rjQ dksbZ njoktk ugha FkkA mRrjh taxys

okyh nhokj esa gh njoktk Fkk] og mlds chpkschp FkkA og njoktk

taxys esa gh Fkk vkSj yksgs dk FkkA lyk[kksa dk njoktk FkkA ;g njoktk

6 QqV Å¡pk gksxk vkSj pkj QqV pkSM+k gksxkA Hkhrjh lgu ds iwjch rjQ

Hkh taxys okyh nhokj FkhA^^ ¼ist 29-&30½

"In this courtyard, a 'Chulha' (hearth) was build and so

was a 'Belan' (rolling pin). (Further stated) there was no

'Chulha' there; there was a 'Chakla' on which breads are

baked. The said 'Chakla' and 'Balan' appeared to be made

of cement. It does appears to us that they were built of

marble. The said 'Chakla ' would have been a

circumference of one feet at most. A 1½ feet 'Belna' was

beside it. The said 'Chakla' and 'Belan' was placed on the

small floor erected at the height of 4 or 6 inches. I do not

remember whether the said elevated Chabutra-like floor

was made of stone or of marbles or of bricks. This

Chabutra shaped thing was 3 or 4 feet long and it was that

much wide. This small Chabutra was at the distance of

nearly 25 feet from the western wall. . . . .On entering that

building from the road through the main gate, there lay a

small Chabutra on the left side. The left side forms the

eastern direction. At the time of entering through that gate,

one would not cross this Chabutra; one would go slightly

by its site. On the southern side of this 4 X 4 feet small

Chabutra, there was a wall having grills. It had a wall as

well which continued to be closed. That grilled wall was

nearly 30 feet in length. It extended from east to west the

grilled wall at the western end joined the wall of the

mosque, where the last corner of the grilled wall towards

4428

the west and from there the western wall of the building

was at the distance of nearly 30 feet. It has no door on the

northern side. Only in the northern grill wall, there was a

door which was in its middle. This door was in the grill

itself and was made of iron. The door was of iron bars.

This door would be 6 feet high and 4 feet wide. There was

a grill wall also to the east of the inner courtyard." (E.T.C)

(viii) PW 8, Abdul Aziz:

^^bl bekjr ds van:uh gkykr ckcr NIij] pcwrjs] fnokjs ;k Q'kZ tks

eSaus cryk, gS og esjs ogka igyh erZck tkus ls vkSj vkf[kjh ckj uekt

vnk djus rd cnLrwj mlh rjg ls dk;e jgs Fks muesa dksbZ jn~nkscny

ugha gq;h FkhA^^ ¼ist 38½

"The inteso was a 'Belan' (rolling pin)rnal position of this

buildinso was a 'Belan' (rolling pin)g, in reference to

shed, Chabutra, walls and flooring which I have stated

about, continued to be the same from my first visit to that

place till the time I last offered namaz; there was no

alternation therein." (E.T.C)

(ix) PW 9, Saiyyad Akhalak:

^^bl lgu ds nf{k.k dh rjQ ,d pcwrjs dh 'kDy okyh rkehj FkhA

bl pcwrjs dh Å¡pkbZ rhu lok rhu QqV ds vklikl FkhA ;g iq[rk

pcwrjk FkkA --- bl pcwrjs ij ,d NksVk lk NIij FkkA^^ ¼ist 22½

"There was a Chabutra-shaped construction to the south of

this courtyard. The height of this Chabutra was nearly 3-

3¾ feet. It was a firm Chabutra. . . . . There was a small

shed on this Chabutra." (E.T.C)

^^;g NIij ydM+h ds [kEHkksa ij fVdk gqvk FkkA esjh tkudkjh esa bl

pcwrjs ds Åij ;k NIij ds uhps ydM+h dh VsUVuqek rkehj ugha FkhA ---

bl pcwrjs ds Åij vkSj uhps ds chp esa nks&rhu f[kM+dhuqek phtsa cuh

gqbZ FkhaA --- f[kM+fd;ksa dh yEckbZ&pkSM+kbZ ,slh Fkh fd mlesa ,d vkneh

4429

>qd dj vk&tk ldrk FkkA f[kM+fd;ksa ds vUnj ml pcqrjs ds chp esa

dqN txg rks cgjgky t:j FkhA mlds vUnj ewfrZ j[kh gqbZ Fkh] tks

ckgj ls fn[kkbZ nsrh Fkh] vc mldh xgjkbZ dks ftruk pkgks eku

yhft,A tks vkneh mlesa >qddj tkrk Fkk] tkfgj gS fd og mlds

vUnj cSB Hkh ldrk FkkA pcwrjs ds Åij tks NIij Fkk mlesa eq>s ekywe

ugha D;k dke gksrk FkkA eSaus ogk¡ dHkh fdlh dks cSBrs&mBrs ugha

ns[kkA^^ ¼ist 23½

"This shed rested on the wooden pillars. In my knowledge,

there was not any wooden tent like construction above this

Chabutra or below the shed. . . . . In between the top and

the bottom of this Chabutra, there were 2-3 window shaped

things.. . . . . The length and width of the windows was such

as to allow one to enter and exit in a bending position.

Inside the windows, there was, however, certainly some

space in the middle of that Chabutra. Inside that was

placed idol which was visible from outside. As far as its

depth is concerned, you may now take it to be so much as

you like. From the fact that a person can go therein by

stooping himself, it is clear that he can even sit inside it. As

far as the shed above the Chabutra is concerned, I do not

know what was done therein. I never saw anybody sitting

and standing up there." (E.T.C)

^^eSus bu njoktksa ij dHkh dksbZ rkyk yxk gqvk ugha ns[kkA ---,d

Fk k sM +h lh txg ij p wYgk ] pdyk vk S j c syuk cu s g q, utj

vkr s Fk sA ---- pwYgk] pdyk vkSj csyuk iRFkj ds cus gq, FksA bl phtksa

dk ftØ dkQh vlkZ ls lqurs Fks vkSj eSa viuh gks'k ls bUgsa ogk¡ ns[krk

Hkh vk;k FkkA bl mBku ds mRrj dh rjQ ,d xsV FkkA^^ ¼ist 25½-

"I never saw any locks put on these doors. . . . .'Chulha'

(hearth), 'Chakla' and 'Belna' (rolling pin) were seen

built on a small place. . . . .Chulha' (hearth), 'Chakla' and

4430

'Belna' (rolling pin) were carved of stone. I would hear

about these things for a considerable times and since the

time I gained understanding, I continued to see them over

there. There was a gate to the north of this 'Uthan' (raised

place)." (E.T.C)

^^bl lgu ij] tks ckgj dh rjQ Fkk ;k tks Åij cryk;k x;k pwYgk]

pdys okyk lgu gS] ml ij vkSj igys c;kudrkZ pcwrjs okys lgu ij

dHkh uekt ugha i<+h xbZA esu xsV ls vUnj nkf[ky gksus ij mRrj

okyk lgu [kqyk iM+k jgrk Fkk] mldk dksbZ bLrseky ugha gksrk FkkA^^

¼ist 27½-

"Namaz was never offered in this courtyard, which was

towards the exterior side or which is the above-stated

courtyard having 'Chulha' and 'Chakla' and in the

Chabutra courtyard about which deposition has been made

earlier. On coming inside through the main gate, the

northern courtyard continued to be open and was not put

to any use." (E.T.C)

(x) PW 14, Jalil Ahmad:

^ ^ jlk sb Z tgk a cuh Fk h mle s a p wYgk ] c syuk vk S j pk Sdk Fk kA

dksbZ iSj ds fpUg ugha cus FksA eSa ugha crk ldrk fd pwYgk pdyk ;k

pkSdk csyuk fdl elkys ls cus gq, FksA ;g lHkh phtsa Q'kZ dh lrg

ij cuh gqbZ Fkh dksbZ pcwrjk ugha FkkA ;g pwYgk pdyk vkSj csyuk Q'kZ

ds lkFk yxk gqvk Fkk vFkkZr~ Q'kZ ls gh fpidk FkkA ---blh NksVs okys

njokts ds mRrj FkksM+k lk gV dj ;g pwYgk csyuk pkSdk pdyk cuk

gqvk FkkA eq>s ugha ekywe fd bl pwYgs pdys csyu dks fdlus

cuok;kA^^ ¼ist 19½-

"There were Chulha' (hearth), 'Belna' (rolling pin) and

'Chauka' at the place where Rasoi was built. No foot prints

were built. I cannot tell of which material 'Chulha',

'Chakla'/'Chauka' or 'Belna' were built. All these things

4431

were built on the ground surface; there was no Chabutra.

The said Chulha', 'Chakla' and 'Belna' formed part of the

floor, that is to say, they were stuck to the floor itself. . . . .

To the south of and slightly away from this very small

door, the said Chulha', 'Belna' and 'Chauka-Chakla' were

wrought. I do not know who built the said Chulha',

'Chakla' and 'Belna'." (E.T.C)

^^;g pwYgk&pdyk vkSj csyu ogh gS] ftlds ckjs es eSa Åij crk pwdk

gw¡A rLohj ua0&71 dks ns[kdj xokg us dgk fd blesa pwYgk&pdyk ,d

pcwrjs ij fn[kk;s x;s gSA^^ ¼ist 23½-

"These 'Chulha', 'Chakla' and 'Belan' are those very things

about which I have stated above. Looking at the

Photograph No. 71 the witness stated- it shows 'Chulha-

Chakla' on a Chabutra." (E.T.C)

^^;g Hkh lgh gS fd pwYgk pDdh csyu ds fp= tgka cus gks ogka uekt

ugh i<+h tk;sxhA^^ ¼ist 38½-

"It is also correct that namaz will not be offered at a place

having pictures of 'Chulha', 'Chakki', 'Belan'." (E.T.C)

(xi) DW1/2 - Sri Krishna Chandra Singh:

^^guqer}kj ls vUnj tkus ij ck,a ;kuh nf{k.k rjQ jke pcwrjk Fkk

ftl ij jke njckj ds foxzg rFkk Jh jkeyyk dh ewfrZ fojkteku FkhA

mlds nf{k.k if'pe dksus ij uhe o ihiy dk isM+ ,d gh esa yxk gqvk

Fkk] tgk¡ v/kZ xksykdkj pcwrjk Fkk] pcwrjs ij f'ko] ikoZrh] x.ks'k]

dkfrZds;] f'koth dk v?kkZuUnh dh ewfrZ;k¡ fojkteku FkhA^^ ¼ist 3½-

"On going inside through Hanumatdwar, on the left, that is

on the southern side there was Ramchabutra, on which

'Vigrah' (different forms) of Ram Darbar as also the idol of

Ramlala was seated. On its southern-western corner, there

were Neem and Peepal trees stuck together, where lay a

semi circular Chabutra, on which the idols of Shiv, Parvati,

4432

Ganesh, Kartikey and Shiv Ji's vehicle Nandi were seated."

(E.T.C)

(xii) DW1/3, Sri Sahdev Prasad Dube:

^^Jhjke tUeHkwfe fLFkr efUnj esa izos'k ds fy, iwjc fn'kk esa guqer }kj

6 fnlEcj] 1992 ds iwoZ Fkk] }kj ds nksuksa vksj dlkSVh ds [kEHks yxs Fks]

tks fxurh esa nks Fks] bu ij nsoh&nsorkvksa dh ewfrZ;k¡ mHkjh FkhA mRrj

dh vksj lhrk jlksbZ o blds iwjc esa tUeHkwfe efUnj dk Hk.Mkjxg o

jke pcwrjk Fkk] lhrk jlksbZ o blds iwjc esa tUeHkwfe efUnj dk

Hk.Mkjx`g o jke pcwrjk Fkk] lhrk jlksbZ ds mRrjh fn'kk esa flag}kj Fkk]

nf{k.k o if'pe fn'kk esa ijrh tehu Fkh ftlls HkDrx.k efUnj ifjlj

vFkkZr~ jke tUeHkwfe fLFkr efUnj dh ifjØek djrs FksA^^ ¼ist 5½-

"For entrance in Sri Ram Janmabhumi-situated temple, in

the eastern direction was Hanumatdwar prior to 6th

December, 1992. On both sides of the gate were fixed

Kasauti pillars, two in number, with the images of gods-

goddess engraved on them. On the north lay Sita Rasoi and

on its east were 'Bhandar Grih' (store room) of Janmbhumi

temple and Ramchabutra. To the north of Sita Rasoi was

Singhdwar; on its south and west there was uncultivated

land, from which point of place devotees performed

circumambulation of the temple precincts or

Ramjanmbhumi-situated temple." (E.T.C)

(xiii) DW 2/1-2, Sri Ram Sharan Shrivastava:

^^fookfnr <kaps esa yxs dkys iRFkj ds [kEHkksa] ij dy'k] vke ds iYyo]

dey] nsoh&nsorkvksa ,oa ekuo vkd`fr;k¡ Li"V Fkha rFk mlh ifjlj esa

lhrk jlksbZ] pj.kfpUg] pkSdk csyu] pwYgk] jke pcwrjk FkkA mDr LFky

fgUnqvksa ds iwT; LFkyh ds :i esa Fkk ,oa fookfnr LFky lnSo ls Hkxoku

jke ds tUe LFky ds :i esa iwT; FkkA^^ ¼ist 5½-

"'Kalash', mango leaves, lotus flowers, images of god-

goddess and human beings were clearly seen engraved on

4433

the black stone pillars embedded in the disputed structure,

and Sita Rasoi, foot prints, 'Chauka', 'Belan', 'Chulha' and

Ramchabutra were there in that very premises. The said

place was as a revered place for the Hindus and the

disputed site was always revered as the birthplace of Lord

Rama." (E.T.C)

^^Hkou dh fLFkfr ls esjk rkRi;Z iwjs Hkou ls gS] ftlesa iwjc dh vksj jke

pcwrjk] tgk¡ iwtk gks jgh Fkh] mRrj dh rjQ lhrk jlkbZ vkSj fookfnr

Hkou dks Hkh yksx jketUeHkwfe ekurs Fks] ls gSA^^ ¼ist 167½-

"By the location of the building I mean the entire building,

including Ramchabutra on the east providing space for

worship, Sita Rasoi on the north and the disputed structure

regarded by people as Ramjanmbhumi." (E.T.C)

4064. PW 6 on page 20, further said about the others

temples around the building in dispute:

^^eqrnkfo;k tk;nkn ds bnZfxnZ fgUnqvksa ds efUnj gSaA bl tk;nkn ls

guqekux<+h rd jkLrs esa fgUnqvksa ds cM+s&cM+s eafUnj gSa] tSls&dud Hkou

vkSj jketUeLFkku] guqekux<+hA eksgYyk jkedksV esa jke tUeHkwfe efUnj

Hkh gSA v;ks/;k esa JhjkepUnz th ds efUnj Hkh gSa] guqeku th ds Hkh

efUnj gSa vkSj tSfu;ksa ds Hkh efUnj gSaA^^ ¼ist 20½

"Around the property in suit, there are temples of Hindus.

On the way from this property to Hanumangarhi, there

situate a number of big temples of Hindus e.g. Kanak

Bhawan, Ramjanamsthan and Hanumangarhi. In Mohalla

Ramkot, Ramjanambhumi temple also situates. In Ayodhya,

there are also the temples of Sri Ram Chandra Ji

Hanumanji and Jains." (E.T.C.)

4065. In the above context, PW 16 said as under:

^^iwohZ njokts ls Hkhrj ?kqlus ij iwjch vgkrs esa nf{k.k dh rjQ pcwrjk

Fkk] ftls jke tUeHkwfe dgrs gSaA blh vgkrs dh mRrj dh rjQ

4434

Hk.Mkjxg dksBkj gks ldrk FkkA** ¼ist 57½

"Entering through the eastern door, there was a chabutara

(platform) towards eastern side of the compound, which is

called Ram Janambhumi. Towards north of this compound

there might have been store room." (E.T.C.)

^^lhrk jlksbZ tgkWa ij fLFkr Fkk] mlh ds ikl mRrjh njoktk FkkA ;g

Bhd gS fd eq[; bekjr ftls eSa efLtn dgrk gwWa] ds vUnj tkus ds

fy, mijksDr fgUnw /kkfeZd LFkkuksa ds ikl ls gksdj tkuk iM+rk FkkA**

¼ist 58½

"Near the place where Sita Rasoi situated, there was the

north door. It is correct that for reaching the main building,

which I term as 'mosque', one had to pass through the

aforesaid religious places." (E.T.C.)

4066. This position as emerges from the above could not

have been controverted in any manner. Therefore, the first part

of the issue in question we are inclined to answer in affirmance.

So far as the second part is concerned, i.e., its effect, we find

that the pleadings in this respect are that if the mosque is

surrounded or landlocked by the places of worship of other

religions (in the present case Hindu), then it cannot be a Mosque

according to the tenets of Islam. However, no such command in

any of the Islamic text could have been traced or placed before

us to support the submission. It is true that normally the places

of worship are constructed where the population of the

worshippers is quite reasonable and for their convenience, the

persons responsible for construction normally choose a place

where obstruction is minimal, but that is one aspect of the

matter and can not be equated to a proposition that such a

construction would not be an Islamic religious structure, if it is

surrounded or landlocked by the religious places of other

4435

religions.

4067. The issue further is sought to be argued on the

ground that under Islamic text, at one place there cannot be two

places of worship as the property vested in God cannot have a

share holder. It is, thus, submitted that this is a command against

a Mosque under the Islamic text and, therefore, the building in

dispute could not be a Mosque. We have already held that in this

case, it is a peculiar situation where in the same premises,

Hindus and Muslims both were worshipping according to their

beliefs, customs and tenets and this is going on for the last

several decades before the first suit was filed in the Court of

Civil Judge. When a religious practice is continuing in a

particular manner for such a long time, in our view, it ought not

to be questioned or should be discussed or adjudicated by the

Court. No one can be allowed to say such practice was not

correct and the generations to generations were acting illegally

or contrary in following tenets of their religion. The manner of

worship of one religion ought not to be allowed to be questioned

after almost a century by the people of other religion. It is

impertinent and improper. In view thereof, we answer the Issue

No. 19 (b) (Suit-4) in affirmance to the extent that the

building was landlocked and could not be reached except by

passing though the places of Hindu worship. However, this by

itself was of no consequences.

(C) Whether the Hindus had been continuously worshipping

at the place in dispute:

4068. Issue No. 13, 14 (Suit-4) and 24 (Suit-5) come in

this category.

4069. Issue No. 13 and 14 (Suit-4) read as under:

4436

Issue No. 13 :-

Whether the Hindus in general and defendants in

particular had the right to worship the Charans and 'Sita

Rasoi' and other idols and other objects of worship, if any,

existing in or upon the property in suit?

Issue No. 14 :-

Have the Hindus been worshipping the place in

dispute as Sri Ram Janam Bhumi or Janam Asthan and

have been visiting it as a sacred place of pilgrimage as of

right since times immemorial? If so, its effect?

4070. While considering issue No.3 (Suit-4) pertaining to

limitation, we have already held that in the outer courtyard there

were certain religious structures of Hindus which they were

worshipping since long i.e. before 1885. The plaintiffs (Suit-4)

having lost their right to interfere in such right of Hindus which

has continued for such a long time, therefore, in respect to those

religious structures, the answer would be affirmative. So far as

the inner courtyard is concerned, there the idols were kept for

the first time on 22/23rd December, 1949. But that itself makes

no difference for the reason that the place of birth of lord Rama,

we have already been held to be a Swayambhu deity and

worship of this place is continuing for the past several centuries,

as we have already discussed while considering issues relating

to site as birthplace and the existence of temple as also the

issues pertaining to possession therefore, Hindus in general had

been entering the premises within the inner courtyard, as a

matter of right for the last several century, cannot be denied this

right after such a long time. We therefore, answer issues 13 and

14 (Suit 4) in affirmative.

4437

4071. Issue No. 24 (Suit-5) is;

"Whether worship has been done of the alleged plaintiff

Deity on the premises in suit since time immemorial as

alleged in para 25 of the plaint?"

4072. Here also we remind that for the purpose of Suit-5,

the property in dispute comprises of inner and outer courtyard,

both. There are two plaintiff Deities. Plaintiff 1 is the idol. We

have already held that the idol of Ramlala or Lord Rama kept

earlier on Ram Chabutara in the outer courtyard and was being

worshipped by Hindus since long time, i.e. almost a century,

was shifted and placed under the central dome of the disputed

structure in the inner courtyard in December, 1949.

4073. So far as the plaintiff 2 is concerned, we have

discussed above that it was also being worshipped since long as

noticed by Joseph Tieffenthaler in the middle of the 18th century

and thereafter in several gazetteers etc.. Worship of both the

plaintiffs was going on for such a long time which satisfy the

term "time immemorial". Issue No.24 (Suit-5) therefore is also

answered in affirmative.

(D) The presence of idol in the disputed building:

4074. Issue No.2 (Suit-1) comes in this category.

4075. Issue 2 (Suit -1) is:

"Are there any idols of Bhagwan Ram Chandra Ji and are

His Charan Paduka situated in the site in suit?"

4076. Before answering it, we may remind ourselves that

the suit is confined to the premises within the inner courtyard as

also clarified by the plaintiff Gopal Singh Visharad in his

statement made under Order X, Rule 2 C.P.C. on 07.03.1962

which reads as under:

4438

"Plaintiff Gopal Singh Visharad and Sri Param Hans Ram

Chandra plffs of both the suits no.2/50 and 25 of 1950

accompanied by their counsel state that they do not want

any relief with regard to constructions or structures

indicated in the map of the Commissioner Sheo Shanker

Lal dated 25.5.50. by the terms 'Sita Rasoi' 'Bhandar' and

'Ram Chabootra' . They say that the reliefs are asked for

only with regard to property enclosed in the said map by

letters A. B. C. D. L. K. J. P. O. H. N. G. A.

4077. In the discussion already made above, this has come

on record that "Charan Paduka" is part of the structure which is

also called as "Sita Rasoi" or "Chhati Pujan Sthal" which existed

in the outer courtyard. It is evident from the site plan submitted

by Sri Shiv Shankar Lal on 25th May, 1950, which we have

already appended as Appendix 2 to this judgment. This also

admitted by plaintiff. Therefore, it cannot be said that "Charan

Paduka" situated in the site in dispute since the suit is confined

only to the premises within the inner courtyard.

4078. So far as the idols of "Bhagwan Ram Chandra Ji" is

concerned, we have already held while considering Issues

No.3(a) (Suit-5) and Issue No.12 (Suit-4) that the same were

placed under the central dome of the disputed structure, within

the inner courtyard, in the night of 22/23rd December, 1949 but

prior thereto the same existed in the outer courtyard and it is

therefrom, the same was shifted. Suit-1 was filed on 16th

January, 1950 on which date idol of Ram Chandra Ji, as a matter

of fact, existed in the inner courtyard under the central dome of

the disputed structure. Issue No.2 (Suit-1) is therefore,

answered accordingly.

4439

(E) Issues relating to place of birth of Lord Rama, believed as

such by Hindus by tradition etc.

4079. Here we are concerned with issues no. 11 (Suit-4), 1

(Suit-1) and 22 (Suit-5) which reads as under:

Issue No. 11 :-

Is the property in suit the site of Janam Bhumi of Sri

Ram Chandraji?

Issue No. 1 :-

Is the property in suit the site of Janam Bhumi of Sri

Ram Chandra Ji?

Issue No. 22 :-

Whether the premises in question or any part thereof is

by tradition, belief and faith the birth place of Lord Rama as

alleged in paragraphs 19 and 20 of the plaint? If so, its

effect?

4080. The real and substantial issue in all these cases

going to the root of the matter is that the plaintiffs (Suit-4) and

Muslim defendants in rest of the suits unequivocally and

unanimously submit that there is no evidence to show that lord

Rama was born at the disputed site. They submit that Hindus

belief that Ayodhya is the place of birth of lord Rama and

therefore is very holy and religious place even if not disputed in

these cases, but that by itself would not mean that the disputed

place can be identified as the only place where lord Rama is said

to have been born. Neither in any Hindu religious scriptures nor

in any other history book or record it is mentioned that the

disputed site was actually the place of birth of lord Rama. He

may have born at Ayodhya but to narrow it down and

concentrate on the disputed site is wholly conjectured and

4440

imaginary. It is without any foundation or substance.

4081. It is said that though the statements under Order X,

Rule 2 C.P.C. have been given by the learned counsels for the

various Muslim parties that they do not dispute about the faith

of Hindus regarding birth of lord Rama at Ayodhya and that the

present Ayodhya is the same as believed by the Hindus yet the

Court cannot ignore the opinion of voluminous record of

historian and other experts in the field saying that the

Ramayana, which is considered to be the basic document to

reflect life of lord Rama and makes it an incarnation of lord

Vishnu, is a myth and therefore it is termed as an epic.

4082. That being so, the story of lord Rama is even if with

the passage of time has generated in such a vast Hindu faith as if

a matter of historicity yet on judicial side when this Court will

take note of it, it cannot held otherwise and therefore it is unjust

to raise an unfounded claim and contend that lord Rama was

born at the disputed site. They submit that the vedic literature

and the Hindu scripture relied by various counsels for Hindu

parties broadly do not construe reliable source of history and

therefore in the absence of any reliable material, merely on the

basis of something which is mentioned in some gazetteers

published in 19th century and onwards during the British regime,

that too wholly unsubstantiated, and, perhaps was written to

create a rift between Hindu and Muslim in furtherance of policy

of the Britishers to rule India following divide rule, it cannot be

said that building in dispute was constructed at a place where

lord Rama had born and therefore the question of desecration of

Hindu religious place does not arise.

4083. It is in this context, the common submissions in

4441

brief advanced by the learned counsels for the Muslims side are

that there exists no evidence to show that any temple or

religious structure existed at the disputed site which is said to

have been demolished for construction of the disputed structure;

there is no evidence to show that Lord Rama actually took birth

at the disputed site though his birth in Ayodhya itself is not

disputed; the disputed structure was constructed in 1528 by

Meer Baqi, a Commander of Emperor Babar and throughout

since then it has been considered, treated and practised as

Mosque wherein Muslims have offered their religious prayers

regularly till at least December 1949 when the District

administration restrained them by attaching the property in

dispute and placing it under the receivership.

4084. Sri Jilani submitted that it is for this reason that the

stand of Hindus also differ on certain aspect though not in

respect to the issue pertaining to birth place.

4085. The Sunni Central Waqf Board was impleaded as

defendant in Suit-1 in 1989 whereafter it filed its written

statement and Sri Jilani referred to paras 10, 11, 12 and 13

thereof. He then referred the claim and written statements in

other three suits and submitted that in general there are three

parties: (1) Muslim Group, (2) Orthodox Hindus and (3)

Nirmohi Akhara. The case of the Nirmohi Akhara is that there

was never a mosque but it was throughout a temple of Lord Sri

Rama and Ram Janam Bhumi was in possession of Nirmohi

Akhara who was performing Pooja, Arti etc. through its Pujaris,

from time immemorial. The case of orthodox Hindus is that it

was a place of birth of Lord Sri Rama where a mosque was

constructed by Babar through his aide Mir Baqi but the said

4442

building was never used as mosque. At least from 1934 the

building was never used as mosque. In respect to the placement

of idols, Sri Jilani pointed out that there are two versions: first,

about the alleged manifestation of Ram Lala in the night of

22/23.12.1949 and second is the transfer of idols from Ram

Chabutara to the dome shaped building of the disputed

premises.

4086. Mr. Jilani, in brief, advanced his submission by

placing oral and documentary evidence as under:

1. The building in question was constructed in 1528 AD

by Mir Baqi at Ayodhya and has always been treated a

mosque

2. The muslims were offering Namaj in the said building

since very beginning and at least from 1855 onwards.

There is evidence that the building in dispute was in

possession of Muslims, managed by a Mutawalli and

Namaj was offered regularly therein.

3. There is no evidence whatsoever that the disputed

building was constructed after demolition of any temple of

Lord Ram or any other deity worshipped by Hindus.

4. In fact there is no evidence at all that there existed a

Hindu temple on or before 1528 when Mir Baqi made

construction of the disputed building.

5. The claim of Nirmohi Akhara that it was throughout in

possession of the disputed building and Pooja Archana of

Lord Rama was going since long is incorrect, the oral

evidence is not creditworthy and self contradictory. There

is no credible documentary evidence either.

6. On the contrary the documents of the state authorities of

4443

different time, oral evidence of individuals etc. show that

the building in question was a mosque, throughout known

as Babri Mosque, and Namaj was offered therein

throughout.

4087. Adopting the entire arguments of Sri Z. Jilani, Sri

Siddiqui further stated that though he does not dispute that Lord

Rama took birth at Ayodhya, however, there is no evidence that

Lord Rama took birth at the disputed site. There is neither any

evidence to this effect nor there existed any Temple of Lord

Rama at the aforesaid place in 1528 when the construction in

dispute was raised by Meer Baqi, a Commander of Emperor

Babar. He drew our attention to the topography of the land in

dispute and nearby area referring to the two maps of 1885, a site

plan prepared by Court Commissioner Sri Gopal Sahai, Amin,

and, the map and pleadings in Suit No. 95 of 1941, and

Commissioner Sri Shiv Shanker Lal's report. He pointed out that

the report of Sri Shiv Shanker Lal mentions two houj (gkSt)

showing source and availability of water for Vajoo and also a

place used as urinal at the disputed site. He also referred to the

exhibits A20, A21 and A22 (Suit-1) and exhibit A13 (Suit-4).

According to him, the aforesaid maps show admission of the

parties that the disputed construction was a mosque.

4088. On the contrary, the stand of all the counsels

appearing for Hindu parties whether plaintiff or defendant in all

the suit is common. They collectively submit that there is

enough material to show that since time immemorial the

disputed place being a part of fort of lord Rama or King

Dashratha was held, treated, practised and worshiped as the

place of birth of lord Rama as an incarnation in human form of

4444

lord Vishnu.

4089. Taking lead in support of the issues relating to site

of birthplace and worship by Hindus, Sri R.L. Verma said that

the place in dispute is the same where Lord Rama was born

several thousands or lacs of years ago. It is a very pious, holy

and religious place for Hindu, has been worshipped by them

since time immemorial and a fine temple of Lord Rama existed

which was demolished by Mir Baqi to construct a mosque. He

sought to place before us as source of history, Vedas, Puranas,

Ramayana and other religious and historical literature and books

and also the statements of several witnesses.

4090. On behalf of the defendant no. 20 (Suit-4), Sri P.N.

Misra and Km. Ranjana Agnihotri, advocates, made their

submissions at length placing certain extracts from “Rigveda

Samhita”, “Taittiriya Sanhita”, “Yajurveda Samhita”,

“Atherva-Veda ka Subodh Bhasya”, “Atharva-Veda

Samhita”, “Skanda-Purana”, “Shri Narsinghpuranam”, “Sri

Ramacaritamanasa”, “History of Dharmashastra” by P.V.

Kane. It is contended that Ayodya, Lord Rama and their

relationship is duly recognised since ancient time which shows

that the Lord Rama was born at the place in dispute and there

cannot be any reasonable doubt in this regard which is in the

memory, faith and belief of Hindu people since several centuries

handed down to them from generations to generations.

4091. Expanding the above submission of Sri Verma, Sri

Ravi Shankar Prasad, Sri P.R. Ganapati Ayyiar, Senior

Advocates, etc. all the learned counsels placed before us in

detail various Hindu scriptures, Indian Books, Gazetteers and

other documents to show that throughout Hindus have believed

4445

and worshipped the place in dispute as a place where lord Rama

was born. They submit that the matter of birth of lord Rama

being several thousand and lakhs of year old, it is imprudent to

expect any direct evidence on the subject. In the matter of faith

and religion, the Court will have to form an opinion and

adjudicate the matter on the basis of preponderance particularly

if it found the evidence of continuous faith of the entire

community to several hundred and thousand of years i.e. beyond

the memory of mankind and if it is found that there has been a

continuity in such a faith with respect to such a place, no further

adjudication by asking for direct evidence would be necessary

and the Court will have to uphold such faith which has

continued for time immemorial. Some of the details of the

argument of the learned counsels in this regard and the material

they placed, we have already referred to.

4092. Sri M.M. Pandey in respect to the Issues No. 14, 22

and 24 (Suit-5) has made submissions as under:

(A) Hindus hold Lord Ram to be incarnation of Lord

Vishnu, claim that Ram was born at the place where

disputed structure (in short 'DS') was erected and that

before its construction, there stood a Hindu Temple; this

temple was demolished and in its place DS was

constructed. The birthplace has been held by Hindus as a

highly sacred place and constitutes to be Swayambhu

Deity, worshipped as such since time immemorial.

(B) In the nature of things, the place of birth cannot be

proved by 'direct' evidence; indeed no living being is

capable of proving the birthplace of any of his parents, 4

degrees or more remote in the line of ascent. The fact,

4446

therefore, has to be judged in accordance with the

meaning of word 'proved' u/s 3 of Indian Evidence Act.

The significant expression is: 'the Court either believes it

to exist or considers its existence so probable that a

prudent man ought …….. to act upon the supposition that

it exists'. So 'belief' and 'supposition' are perfectly legal

and acceptable states which may lead to 'proof'. Herein

lies the legal relevancy of 'Faith' of the concerned people,

to wit the Hindus, which is the essential foundation of

most of the Spiritual Doctrines. Birthplaces of God's men

have always been treated sacred in all religions. Paper no.

3 of Ramlala's documents is Historical Sketch of Faizabad

in 1870 (Ext. OOS 5: 49) by P. Carnegy,

Commissioner/Settlement Officer of Oudh; in page 5, it is

mentioned that 'Ayodhya is to Hindus what Mecca is to

Mohammedans and Jerusalem to Jews'. In the History of

Dharmashastra – Governmental Oriental Series – Vol III

at page 177, P.V.Kane records from Visnu-dharmottara

that Ayodhya 'was endowed with hundreds of parks; it

celebrated festivals and held gatherings of people……it

always resounded with music of lutes, flutes……….it

resounded with the recitation of the Veda………there was

not a man who was wretched, dirty or emaciated; it

stretched for three yojanas on the Banks of the Saryu and

was ten yojanas in the middle.' Apart from lot of

documentary evidence, including admissions by some

Muslims, OPW1 Paramhans Ramchandra Das deposed

(Page 7) that birth of Lord Ram in Ayodhya is mentioned

in Balmiki Ramayan, its boundaries are mentioned in

4447

Ayodhya-Mahatma Chapter of Skandha-Puran, that

Birthplace & Garbha-griha is the site of Disputed

Structure (DS) where Bhagwan Ramlala is seated

presently (P 8, 54) and in Atharva-veda mention of

Ayodhya of Ashtachakra-Naodwar is made in a mantra

and the names of Deities (Deota) of the 8-Chakras is

mentioned in a Shloka of Rudrayamal which states the

Deity of the first-Chakra to be Ram Janmabhumi (P.103).

OPW2 Deoki Nandan Agarwal (at P. 39), OPW4 Harihar

Prasad Tewari (P. 2 & 3), OPW6 Hausala Prasad Tripathi

(P.5, 12,13 & 77), OPW 7 Ram Surat Tewari (P. 4, & 6),

have deposed about the DS being Birthplace of Shriram as

incarnation of Bhagwan Vishnu and faith, worship

darshan, Parikrama and pilgrimage thereof by Hindus

since ancient times. OPW 12 Kaushal Kishore Mishra

deposed that Ramchandra ji was born in Mohalla Ramkot

in Ayodhya within DS in the garbh-griha central dome of

the 3-domed 'temple', and that Ramkot was the palace of

Dashrath ji which contained the garbh-griha (P.42 & 43).

OPW 16, Jagatguru Ram Bhadracharya, a great scholar of

literature relating to Lord Ram has elaborately deposed

about the DS to be the birthplace of Bhagwan Shriram as

mentioned later in these arguments; significant

documentary evidence will also be placed later. SB's

witness PW 12, Ram Shankar Upadhyaya, stated (at page

49) that when he went to DS, he did not carry flowers,

wreath (mala) or Prasad, but he had received Prasad from

the mandir from the pujari.

(C) In OOS 1 of '89 (of Ram Gopal Visharad), para 27

4448

of WS dt. 21.2.1950 by Muslim Defdts. 1 to 5 (including

Mohd. Faiq & Zahoor Ahmad, who are co-plaintiffs in

Sunni Board's OOS 4 of '89), states that in 'Ayodhya a

Temple named Mandir Janmasthan Shri Ram Chandra ji,

established long ago, has been in existence at the

birthplace of Ram Chandra ji and Idols of Shri Ram

Chandra ji and others are Virajman therein'. In OOS 3 of

'89 (of Nirmohi Akhara), Defdt. No. 6 (Haji Pheku),

Defdt. No. 7 (Mohd Faiq) and Defdt. No. 8 (Achchan

Mian alias Ahmad Hussain) pleaded similarly in para 28

of their joint WS, filed through Sri Mohd Ayub, Advocate,

on 28.3.1960 that in Ayodhya a temple named as 'Mandir

Janmasthan Shri Ram Chandra ji, established long ago,

has been in existence at the birthplace of Ram Chandra ji,

and Idols of Shri Ram Chandra ji & others are Virajman

therein'. This pleading is the same as was taken by Mohd

Faiq etc in para 27 of their WS dt 21.2.1950 as indicated

above and was confirmed by their lawyer, Sri Mohd Ayub,

on 17.5.1963 under Order X R. 1 CPC which establishes

that (i) there is birthplace of Shri Ram Chandra in

Ayodhya and (ii) a Temple existed at the birthplace. In

OOS 4 of '89 (of Sunni Board), Plaintiff No. 4 Mohd Faiq

is also Defdt in Visharad's suit and is Defdt No. 7 in

Nirmohi Akhara's suit; he verified Sunni Board's Plaint

which was also signed and filed by said Mohd Ayub,

Advocate, on 28.8.1963. These statements made by Mohd

Faiq and Advocate Mohd Ayub, and Defdt. Zahoor Ahmad

in Visharad's suit (and co-palintiff in Sunni Boards' suit)

are binding and conclusive against Sunni Board and

4449

Muslim Defdts in Visharad Suit and in Nirmohi Akhara's

suit: Sec. 17 & 18 Evidence Act. 1960 SC 100, Narayan

Bhagwat Rao Gosavi Vs. Gopal Vinayak Gosavi , 1967

SC 341, Basant Singh Vs. Janki Singh, and 1945 Mad

361, Obanna Vs. Gangaiah, hold that persons jointly

interested in a suit are bound by the admission made by

any one of them. 1947 All 110, Beni Madho Vs Major

A.U.John and 1997 All 122 (at 133) Talat Fatima Hasan

Nawab Syed Murtuza Ali lay down that an admission

made by a Party's Pleader is binding. The Sunni Board

stated in para 32 of their WS dt. 24.2.1989 in reply to

Visharad's suit (i.e. 17 or 18 years after their own Plaint)

that 'there already exists Ram Janmasthan Mandir in the

northern side of the property in question at a short distance

(60-70 steps, vide their PW 12 Ram Shankar Upadhyay at

P.50 & PW4 at P. 55) from the pathway passing from the

side of the Babri Masjid'. [This confirms Shri Ram

Chandra ji's Temple at the birthplace by Mohd Faiq,

Zahoor Ahmad and Mohd Ayub in 1950, 1960 and again

in 1963]. Thus, existence of Shri Ram Chandra's

birthplace in today's Ayodhya and of Temple at birthplace

stands admitted; the only fact which requires further proof

is whether site of DS is at the birthplace and temple had

existed there in the past which was destroyed and replaced

by DS. It is significant that concerned Muslims did not put

up a case/plea at the earliest available opportunity that

Ram Janmasthan Temple at Ram's birthplace existed

separately at a distance of 60-70 steps from DS. That

opportunity existed in Mahant Raghubar Das suit of 1885

4450

when Mohd. Asghar, Mutawalli of DS, filed a written

statement and signed the site plan prepared by Pleader-

Commissioner appointed by Court, but did not plead, nor

pointed out to Pleader-Commisioner, that Ram

Janmaasthan Mandir mentioned above already stood at a

separate spot. It shall appear later in these arguments that

the Janmasthan Mandir aforesaid seems to have been an

effort by Hindu community/devotees to establish a

birthplace temple in the name of Lord Ram, as close as

possible to the demolished Temple replaced by DS, in the

circumstances prevailing through centuries of Mughal

invasion, repression and use of force since 1528. It will be

seen that in 1786 Tieffenthaler found the platform (later

called Ram Chabutra) inside the disputed area campus, the

DS and the periphery of DS (parikrama) being worshipped

by Hindu devotees. It will also appear that in 1853

Hindus forcibly occupied DS, that in 1855, the British

administrators separated the DS from the rest of the

campus by erecting a partition wall through the platform

of DS so that Muslims could offer namaz inside DS

whereas Hindus could remain in possession of the rest of

the campus, that through the vicissitudes of Mandir-

Masjid conflicts, effort by Mahant Raghubar Das of

Nirmohi Akhara in 1885 to erect a temple on Ram

Chabutra failed because a self-impleaded Muslim Defdt

(Mutawalli of DS) opposed erection of Temple thereat and

Courts found co-existence of Masjid and Mandir within

the disputed area to be fraught with danger of bloody riots

and so on.

4451

(D) Authority of ancient times about the birth of Ram in

Ayodhya is contained in Balmiki Ramayan (Paper OOS 5:

261C/1,2) which contains inherent evidence of its period

contemporary to Ram. Balmiki Ramayan, written by

Maharishi Balmiki, seems to satisfy the definition of word

“History” given at page 459 of ‘The New Lexicon

Webster’s Dictionary of the English Language’ 1987 Edn,

published by Lexicon Publications Inc. New York.

'History' is defined as a record of past events usually with

an interpretation of their cause and an assessment of their

importance; a narrative of real or fictitious events

connected with a particular person, country, object.

Balmiki Ramayan, fulfils this criterion; it is a description

of Ram and specific events of his life. Being a

contemporary version, Narad (the Rishi) places Ram as

just a man to poet Balmiki who asked him to identify a

person who possessed all the virtues of Man. Balmiki

closely watched and followed the deeds of Ram and wrote

about the birth of Ram in verses 8th, 9th and 10th of 18th

Sarg and describes Ram as the Lord of Universe. The fact

of Ram's Manifestation is borne out in Chapter X verse 31

of Shrimad Bhagwad Gita (Ext. OOS 3: 20) where Lord

Shri Krishna has mentioned that among 'warriors I am

Ram'.

(E) Closest in point of time immediately preceding

Babar's invasion, is evidence of the darshan of the

Idol/Temple of Ram by Guru Nanak Dev on his

pilgrimage to Ayodhya. It is proved by the testimony of

Rajendra Singh DW 2/1-1 that Guru Nanak started on

4452

pilgrimage in 1507 and had darshan of Ram Janmabhumi

Mandir between 1510 & 1511. In his affidavit in

examination-in-chief, Annexure 3 and 4, he has deposed

respectively about contents of 'Adi Sakhian' (1701) and

'Puratan Janma Sakhi Shri Guru Nanak Dev Jiki' (1734),

which record that during his pilgrimage Guru Nanak Dev

went to Ayodhya, among other places, and had darshan; he

mentioned about the record in 'Pothi Janma Sakhi Gyan

Ratnawali' (1730) – Annexure 5 - that Guru Nanak Dev on

reaching Ayodhya said to his disciple Mardana: 'Mardania

this is Shri Ram Chandra ji's city, hence let us proceed to

have darshan, and he got down at the bank of the river'.

The witness deposed about the record of actual darshan of

Ram (i.e. Idol of Ram) by Guru Nanak Dev in Guru

Nanak Vansh Prakash (1829) – Annexure 7 - by Baba

Sukhbasi Ram Bedi, who was a descendant in 8th degree

of Laxmi Chand (one of the sons of Guru Nanak Dev),

that 'accompanied by Mardana, Sadguru proceeded and

arrived in Ayodhya, drank the water of river Saryu and had

darshan of Ram closely'. Finally, the witness deposed

about Bhai Baleywali-ki-janma-sakhi (1883) Annexure 6,

where Guru Nanak pointed to Bhai Baley ji, his disciple,

on visiting Ayodhya that it was Shri Ram Chandra ji's city

where He Manifested and performed life's tasks. SB filed

'Janma Sakhi Bhai Bale Wali', Paper No. 208C1/1 to 3

Ext. OOS4: 68 which records Guru Nanak Dev's visit to

Ayodhya and advising both Mardana and Baley, but there

is no mention of Guru Nanak Dev's darshan of Shriram or

Ram Temple. The document does not appear to be reliable

4453

because paper Nos 208C1/1&2 are title covers of which 1

bears no year and 2 bears year of publication to be 2000

AD; on the contary, Ann 6 filed by the witness is of the

year 1883.

(F) Besides extensive cross-examination, SB confronted

the witness with pages 5 to 8 and 33 to 36 of

W.H.McLeod's 'Sikhs & Skihism' (1999), paper 210C1/1

to 210C1/10 Ext. OOS 5: 69, which mentions some other

Janma-Sakhis but not any of the ones named by the

witness. This is irrelevant because the book does not

mention that there were no other Janma-Sakhis. On the

contrary, page 5 mentions that his 'sources for the life of

Guru Nanak ….. are generally unreliable ……….but it is

possible to set out……..a brief outline of his life'. Thus

McLeod's account is neither reliable nor substantial. He

admitted the contents of Adi Granth, complied by Guru

Arjan Dev to be authentic (pages 5 & 7), which contained

very little material regarding events of Guru Nanak's life,

hence "we resort to our only other available sources, the

traditional biographies called Janma-Sakhis". He further

mentioned that Janma-Sakhis are hagiographic

(=saintly/holy) accounts of life of Guru Nanak each

consisting of series of separate incidents or chapters (page

8). At the same time he mentioned that there being

'nothing better', Janma-Sakhis have to be used although

they are 'thoroughly inadequate sources' (page 33). It will

be appreciated that 'inadequate' is not 'untruthful', and

there would be no reason to record accounts untruthfully

in 1701, 1730, 1734, 1829 and 1833 about matters which

4454

are treated to be 'saintly/holy'. Further, there is no

inconsistency inter se these Janma-Sakhis spread over a

century and a half recorded by sources that are natural &

trustworthy.

(G) It is admitted by McLeod that starting from

Sultanpur in Punjab, Guru Nanak travelled in all

directions, East/West/North/South (page 34). He even

went on pilgrimage to Mecca (page 35); so the probability

is that in India itself he would have gone on pilgrimage to

Ayodhya which, admittedly, is a Holy Place of pilgrimage

since ancient times. Page 228C1/3, filed by SB, is extract

of British Encyclopaedia mentioning that in his voyage to

East, Nanak went 'as far as Assam'; so why not Ayodhya

too. Moreover, McLeod's account of contents of Janma-

Sakhis (in pages filed by SB) is extremely sketchy. In less

than 2 pages (34-35), he disposed of the accounts recorded

by Bhai Gurdas and in less than 1 page (36) he disposed of

the accounts contained in Puratan Janma-Sakhis.

(H) A very significant narration by McLeod may be

noticed. While referring to Adi Granth or Guru Granth

Sahib (page 7), he has mentioned about 'famous references

to Babar, the so-called Babar vani ………….do indicate

that Guru Nanak witnessed something of Babar's

depredations ……..at the sack of Saidpur', and that 'in the

case of Babar vani, we may confidently assume that he

witnessed something of the devastation caused by Babar's

Army'. This is what witness Rajendra Singh DW2/1-1,

deposed on the basis of contents of Guru Granth Sahib

describing Babar as 'Satan Incarnate' and his army 'Storm

4455

of Sin'. The veracity of the witness, therefore, cannot be

doubted.

(I) SB relied upon some Sikh religious literature to

establish that Ram could be no Manifestation of God. On

the contrary, Paper No. 212C1/1 to C1/4 Ext. OOS 4: 86

extract of Adi Guru Granth Sahib, filed in cross-

examination of Rajendra Singh DW2-1/1 has paper No.

212C1/3 where Guru Nanak Dev acknowledged 'Self-

Manifestation' of God. J.S.Grewal's "The New Cambridge

History of India", Paper No. 214C1/1 to C5, filed during

deposition of the witness, mentions Grewal's view of Guru

Nanak's 'rejection of Hindu deities and scriptures' and

'repudiation of traditional modes of worship and religious

practices' (p. 214C1/3). This is not a correct appreciation

of Guru Nanak's views. Earlier, at the same page, Guru

Nanak is mentioned to have maintained that 'none of the

Hindu deities could be equated with the Supreme Being.

In fact, everything known to myth, legend and history was

the creation of Guru Nanak's God. The human

incarnations of Hindu Deities, like Krishna, could add

nothing to God's greatness'. The Author has mixed up his

understanding of the teachings of Guru Nanak with their

true content. Having impressed upon the absolute

supremacy of the Supreme Being, Guru Nanak remarked

that human incarnation of Hindu deities like Krishna

"could add nothing to God's greatness", so they could not

be equated with Supreme Being and were creation of God.

A correct understanding of these teachings is that human

incarnations do take place like Krishna but they cannot be

4456

equated with God Himself; indeed they Manifest with all

the limitations of a human being. What is mentioned by

Grewal as 'rejection' is in fact sublimation of the concept

of incarnation into Godhead. Similarly SB relied upon the

remark of Guru Nanak that 'there was no merit in the

worship of images' (p C1/3); this remark misses the

recognised rule of Hindu worship that the Hindu does not

worship the 'material in the image' but the Spirit of God

behind the Image (See Para 36 below). Guru Nanak's

criticism of 'practices of those who worship Krishna and

Rama', concerns practices , not the essence of the Faith of

Hindus in God and Incarnations. Grewal fell into same

error over the teachings of Guru Nanak at page 214C1/4;

his inference that with 'rejection' of idea of 'incarnation' it

is 'impossible to treat Rama and Krishna as deities'

concern only the practices of worship of Ram & Krishna

without affecting their Divinity; the fact of happenings of

Self Manifestation are already established by extract of

Guru Granth Sahib contained in page 212C1/3 referred to

above. Grewal committed the same error while

mentioning about Quran at page 214C1/4. It is interesting

that page 228C1/5, extract of British Encyclopaedia filed

by SB dealing with views (of Sikhism), mentions that

Sikhism forbids representation of God in pictures and

worship of idols, but admits that Adi Granth itself has

become an object of intense ceremonial reverence and as

such is known as Granth Sahib (the Granth personified) so

that it is "roused" in the morning and in the evening it is

"put to rest for the night". This is very similar to the

4457

manner in which the worship of a Hindu Deity is

performed by the Pujari and has been judicially

recognised. This also reflects the spiritual commitment of

the Devotees/followers of a Faith which transforms an

object of reverence into a Deity even if the followers

commitment does not strictly conform to the teachings of

the Founder.

(J) Chronologically, the next account filed in the case is

in Ain-e-Akbari (paper 107C1/…. ) Ext. OOS 5: 76

written by Abul Fazal, a courtier of Akbar, in 1598. The

extract on record is the one printed in 1881 by Nawal

Kishore Press, Lucknow. The text at page 78 records that

Avadh, one the bigger towns of Hindustan, is counted as

an ancient place of worship. It was stated to be the place

of residence of Raja Ramchandar who, as indicated above,

"combined in his own person both spiritual supremacy and

kingly office".

(K) In modern times, Mahatma Gandhi, Father of the

Nation, treated Ram as God. In "MAHATMA", Gandhi's

biography written by D.G.Tendulkar, at page 93 of

Volume VIII, mention is made of Gandhi holding that God

was known by many names and He had many attributes

and that 'Ram and Rahim, Krishna & Karim' were all

names of one God. Again, page 137 mentions Gandhi

saying that Man calls God by many names – Ram, Khuda

etc; and page 162 mentions Gandhi saying that God is

known to Hinduism as Ram. His famous bhajan in daily

evening prayers, r6upit ra6v rajaram, pitt pavn sIta ram, is

too well-known. Paper No. 110C1/96 (filed by Sunni

4458

Board) contains, at page 183, an account by Abul Fazl

(Akbar's Courtier) in 1598 that Ramchandra 'who in Treta

age combined in his own person both the spiritual

supremacy and kingly office'; clearly perceived Ram to

possess 'spiritual supremacy' which could place him in the

category of God's incarnation. Paper No. 4 of list d.

5.11.1989 filed by Madan Mohan Gupta of Deft. Akhil

Bharatiya Sri Ram Janma Bhumi Punardudhar Samiti is

extract of translation of Ain-e-Akbari by Col. H.S.Jarret in

1891 recorded a foot-note that Ram Chandra was '7th

Avatar and as incarnate Rama is the hero of famous epic

that bears his name'.

(L) OPW 16, Ram Bhadracharya, who has stood

searching cross-examination on his authority on Lord Ram

has consistently deposed about the birthplace of Ram with

reference to Ramtapniyopnishad and Ayodhya Mahatma in

Skandh Puran (Vaishnav Khand). Jagadguru Ram

Bhadracharya, OPW 16, also deposed about the place of

Ram’s birth in Ayodhya in paras 25 and 27 of his affidavit

citing the authority of Chapter X of Skand-Puran

(Vaishnav Khand) and of Yajurved. In para 23 of his

affidavit, he asserted that the expression ‘sarvalok

namskrutam’ in Sarg 18 (verse 10) signifies the disputed

area in these suits as the birthplace of Ram. In para 24 of

his affidavit read with pages 39 and 40 of cross-

examination, he cites the authority of Ramtapniyopnishad

and Atharva-ved to establish the birthplace of Ram to be

in Ayodhya. Refuting the suggestion that Ayodhya

Mahatm of Skand-Puran is a later interpolation, he

4459

asserted at page 53 that the spot which has been

mentioned in Skand-Puran as Janmabhumi is the very spot

which is the disputed site in this case. At page 54, he

described the boundaries of Janmabhumi as mentioned in

Skand-Puran; most of these boundaries tally with the

present location of Disputed Area in Plans I & II of Shiv

Shanker Lal. Add to these, paper no 17 of Documents filed

on behalf of Bhagwan Shri Ramlala in OOS 5/89, the

witness spoke about the situation of temple of

Vighaneswar Bhagwan and said that Janmasthan is at

North-East angle of Vighaneshwar, is towards North of

Vashistha Kund and towards West of Lomash Kund; he

reaffirmed those very situations on further cross-

examination by different angles. All these situations are

corroborated by couplet nos. 16, 18 and 19 of “Skand-

Puran Mahatm” extract in paper no 17 (of Ramlala’s

documents referred to above. Jagadguru Ram

Bhadracharya made a very emphatic and important

statement in para 62 of cross-examination: “fookfnr LFky ds

mRrj lM+d ikj fdlh tUeLFkku uked efUnj ds ckcr eSaus fdlh 'kkL=

;k vU; iqLrd esa ugha i<+kA eSa ugha crk ldrk fd ,sls fdlh efUnj dks

xwnM+ey efUnj ds uke ls tkuk tkrk gSA” This cross-

examination was done by Z. Jilani for Sunni Board and

the reply totally excludes the theory of Janmasthan

Temple towards North of DA across the Pakka Road

(pleaded by pro-Masjid Parties) as Ram’s birthplace or

antiquity of that temple.

(M) Babarnama (as translated by A.S.Beveridge) Ext.

OOS 5: 16, which is first hand account his

4460

exploits/adventures by Babar himself (1528), does not

contain any account of Ram, Mandir or Masjid. On

Babar's capturing Delhi Sultanate after defeating Ibrahim

Lodi on 21.4.1526, some local Governors of Lodi rebelled

against Babar to establish their own rule. Babarnama

mentions at page 544 that his son, Humayun, having been

entrusted with subduing the rebels, took Jaunpur,

Ghazipur, Kharid (Jaunpur), and placed Sheikh Bayazid

Furmuli into the charge of Aude(=Oudh). Page 589

mentions that on 26.12.1527, troops were sent against

Bayazid, signifying that Bayazid also rebelled in the

meantime. On 21.3.1528, Babar visited Lucknow, and

crossed Gomti and on 28.3.1528 Babar and his army

dismounted at some distance 'above the junction of rivers

Gaghra & Sird' (pages 601-602). His men, including Mir

Baqi Shaghawal, chased Bayazid who ultimately escaped.

Having stayed at the camping place, Babar left for hunting

on 2.4.1528 (page 602). Admittedly, no account of the

period after 2.4.1528 till 18.9.1528 is found in

Babarnama. It is futile to guess about the missing

contents; the significant fact is that a possible 'instant, first

hand account' about the events relating to DS is not

available in Babarnama; Babar did not even retrospect

about this important event even later in Babarnama.

(N) The next record of disputed spot is available in

William Finche's account of Ayodhya (paper no.

107C1/95-96, Ext. OOS 5:19) during his travels in 1608 to

1611, which finds mention also in SB paper 110C1/96 at

page 183. It records: "Here also the ruins of Ranichand's

4461

castle and houses (the footnote mentions that Ranichand is

a typographical error for Ramchand) which the Indians

acknowledge for the great God, saying he took flesh upon

him to see the tamasha of the world". This supports the

popular perception of incarnation of Ram and existence of

Castle of Ram in Ayodhya. The locality of Castle of Ram

is known as Ramkot. Kot means fort (See Para 19). The

DS and the surroundings are situated on this Ramkot;

Contour Map [Fig.1 of ASI Report after GPR Survey

under High Court Orders dt.13.12.2002 read with report

(page 13)] shows the height of the mound-top on which

DS stood to be 108.48 M above sea-level while the

surrounding area sloped 'sharply' down to 103 M within a

short distance and further sloped down 'gradually' to 101

M moving farther away from the top. The ASI has

reported that 'the contour map itself suggests that the

deposits at the site are no less than 8.0 M'; they further

mentioned that the site 'contains the cultural deposits and

debris accumulated for centuries'. This configuration of

the locality fits in with structural pre-existence of

'Ramchand's Castle and houses' as recorded by William

Finche. In natural course of things, persons are born in

their 'houses' which, in the case of Royal families could

well be the 'Castle'; hence this high raised site could be the

birthplace of Ram.

(O) The next material available, in point of time, is a

Jesuit Missionary Le Pere Joseph Tieffenthaler's

"Historical and Geographical Description of India"

published in 1786 paper No. 107C1/96 to 104. Those were

4462

the times when rivalry was hot between the French and the

British over establishing their supremacy/empire in India.

The account of Tieffenthaler was presented by the

publisher Jean Burnoulli in French to the French King

(paper No. 107C1/97). Translation of pages 252 to 255

(paper nos. 107C1/98 to 103) into English language by

Government of India, under orders of the High Court, are

part of the record and the following portions are of much

significance:

(i) At page 252 - Avad , called as Adjudea (obviously,

'Ayodhya') is very ancient; it mentions founding of

Bangla or Pesabad (obvioulsly, 'Faizabad') as 'as a new

city where the Governor established his residence – a

great number of inhabitants of Oude settled there'.

(ii) At page 253 – From 'Sorgadoori'' (=Swargadwar

Temple), Ram took away all inhabitants of the City to

Heaven; the City was brought back to its earlier status

by Bikarmajit (=Vikramditya), the famous king of Ujjain

(The translator has mentioned Bikarmajit as the famous

king of Oude erroneously; the text mentions the locality

to be 'Oudjen' i.e Ujjain). Aurangzeb got the Temple

demolished and replaced it with a Mosque and 2

obelisks (Minarets?).

-A place specially famous, called Sitha Rassoi, i.e.,

'table of Sita wife of Ram', adjoining to the City in

the South situated on a mud-hill ('mud-hill' is the

area of Ram Chand's houses and Castle mentioned

by William Finche).

-Aurangzeb got a fortress called Ramkot [this name

4463

has continued throughout in modern records]

demolished and got constructed at the same place a

Muslim Temple with 3 domes. Some believe it was

constructed by Babar. [This is the DS]. 14 black

stone pillars there, skilfully made, existed at the site

of the fortress; 12 of the pillars support the interior

arcades of the Mosque. [The translator has not

translated the height of these pillars –mentioned as 5

'empans'- which, according to Court Commissioner

of 1950, was 6 feet each].

-A square box raised 5 'inches' above the ground

with borders made of lime, with a length of more

than 5 'inches' and 'height' of about 4 'inches' can be

seen there. [We find the unit of measurement in

'inches' and mention of 'height' by the Translator to

be incorrect. Firstly, having earlier mentioned the

height of the square box to be 5 inches –which is

correct- there could be no occasion of mentioning

height again to be 'about 4 inches'. Secondly, the

English translation of the French units of

measurement and of one dimension mentioned in the

French text is not correct. The French text mentions

the height of the box to be 5 pouces which is

correctly translated as 5 inches; but the dimension of

length in French text is 5 aunes and dimension of

width in French text is mentioned in continuation of

dimension of length as 'large rout au plus de 4'

which means wide more than 4 aunes (per context).

A French aunes = 1.20 M. French Dictionary, Le

4464

Petit Larouse Grand Format (1996 Edition)

mentions at page 105 that aunes is equivalent to 1.20

M; page 812 mentions pouce to be equivalent to

27.07mm = English 'inch'. The correct dimensions

of the box-structure, thus, was 6 M (1.20x5) in

length, more than 4.8 M (1.20x4) in width and 5

inches in height; this establishes the dimensions of

the structure to be 19.68 feet x 15.744 feet x 5

inches. [In the Gazetteer of 1854 written by Edward

Thornton, paper No. 1 of Bhagwan Shri Ramlala in

OOS 5 of 1989, mention is made of 'a quadrangular

coffer of stone protruding 5" or 6" above ground

pointed out as a cradle of Ram as 7th Avatar of

Vishnu and is abundantly honoured by pilgrimages

and devotion of Hindus'. This is the very platform

mentioned by Tieffenthaler]. Shiva Shanker Lal,

Pleader-Commissioner has mentioned (1950) the

dimensions of Ram Chabutra to be 21 feet x 17 feet

x 4 feet. Tieffenthaler's record of length and breadth

of the box-structure is substantially similar to that of

Court-Commissioner; increase in the height of the

structure from 5 inches to 4 feet during 150 years

after Tieffenthaler's visit is consistent with the

complaint of Muslim parties in 1885 Suit of Mahant

Raghubar Das that the latter had been raising

various types of structures in the disputed area

including construction of the Chabutra; incidentally,

the structural changes would establish effective acts

of possession of Hindu devotees/pujaris over very

4465

significant durations in the disputed area.

(iii) At page 254- The Hindus call the square box as

Bedi, i.e.the Cradle. The reason for this is that once upon

a time, there was a house in this place where Beschan

(Lord Vishnu) was born in the form of Ram besides his 3

brothers. Subsequently, Aurangzeb, or according to

another belief Babar, got this place destroyed in order to

deny them (Hindus) the opportunity of practising their

superstitions. [It is to be appreciated that the word

'superstition' is mentioned by a Jesuit-christian who treat

Hindu Faith to be 'superstitious', but so far as the Hindus

are concerned, it is Faith which transcends reason, and

that is the practice which Tieffenthaler found to be

prevailing at that time.]. However there still exists some

superstitious cult in some place. For example, in the

place where the native house of Ram existed, they go

around 3 times and prostrate on the floor. [This is the

ritual of Parikrama commonly associated with worship

at Hindu Temples. ^^ukyUnk fo’kky 'kCndks’k** Samvat 2007 at

page 794, gives the meaning of Pa rikrama as the 'path

around all sides of a Temple or Pilgrimage-place for

circumbulation'. One is amused at the Parikrama made

by Babar 3 times around the sick-bed of his son

Humayun while praying to Allah to restore Humayun to

health and in lieu thereof to take his life; it is said that

Allah accepted the prayer of Babar so that while

Humayun started recovering, Babar's health started

declining ending in his death. Such is the spiritual power

of Parikrama!]. The two spots are surrounded by low

4466

crenellated wall. (The two spots, signify the 3-domed DS

and the Platform; the low crenellated wall is the

surrounding boundary of both and signifies the premises

as a whole. The expression, "in the place where native

house of Ram existed they go around 3 times and

prostrate on the floor" interpreted with the immediately

following sentence 'the two spots are ………..' shows

that Parikrama was being done of both DS and the

platform, hence the entire premises were being

worshipped. It is also remarkable that Teiffenthaler

described the premises to be a Muslim Temple; this

means that even the Muslim structure was being treated

like a Temple. Equally remarkable is his mention of 12

pillars supporting 'interior arcades of the Mosque.

Appreciating the use of distinct expressions, 'Muslim

Temple' and 'Mosque', it means that while the DS was a

Mosque, the entire premises, including DS was treated

also as a Temple.)

At another place, not far from the Bedi, are found

buried 'grains of black rice turned into small stones'

hidden under the earth since the time of Ram [This is

'fossilised' rice, called Akshat in the rituals of worship;

fossilisation of substances 'represents a past geological

age that has been preserved in the Earth's Crust' (page 73

of Volume 4 of Britannica Ready Reference

Encyclopaedia) which proves the antiquity of the

locality. It also supports the ASI finding, mentioned

above, that the site 'contains the cultural deposits and

debris accumulated for centuries', and also establishes

4467

continuity of the locality during the fossilisation period

of 'ages', may be from that of Ram. As mentioned in para

1 (above), all Muslim Parties in these Suits have

admitted now that present time Ayodhya is at the same

place as indicated in Balmiki Ramayan.]

In the month of 'Tschet' (= Chaitra month of Hindu

Calendar) big gathering of people gather here to

celebrate the Birthday of Ram so famous in entire India.

(P) Tieffenthaler's account has a special importance in

this case. While most of the material on record establishes

that Ram was born in Ayodhya the particular place of birth

in Ayodhya, namely the site of DS, is fixed by

Tiefenthaler's account earliest in point of time. He

mentioned the platform 19.68 feet x 15.77 feet x 5 inches,

situated within the disputed area (the Campus of the

Babri Masjid) to represent the place where Ram and his 3

brothers were reputed to have been born. 'Muslim temple'

with 3 domes is Babri Masjid at Ramkot, the fortress; the

platform is within the precincts of Babri Masjid and in the

month of Chaitra people gather here 'to celebrate the

birthday of Ram so famous in entire India'.)

(Q) The next document of accounts is "A Historical

sketch of Tahsil Fyzabad, Zilla Fyzabad" including

"Ajudhia & Fyzabad" by P. Carnegy of 1870 (see para 4

above, Ext. OOS 5: 49), i.e within 84 years of

Tieffenthaler's account and 13 years after British Queen's

Proclamation of 1858. The British power stood fully

consolidated while French & Portuguese had been

marginalised and the British rulers proceeded to establish

4468

effective governance. P. Carnegy was appointed not only

as Commissioner but also as Settlement Officer to conduct

survey and prepare records of the territories of Ayodhya &

Fyzabad. The contents of this document, therefore, assume

great importance regarding the contemporary facts and

events. At page (i), he mentions that a writer of History of

Ayodhya 'must master all that has been written of the 3

distinct ages…..'; at no 3, he mentions Ajudhya Mahatam,

with its Epitome in Appendix B 'taken from the

PURANS'. Ajudhya Mahatam is in Skanda Puran (See

Para 14). At page (ii) of the Epitome, it is recorded that at

the 'heart of the city lies the great Ramkot, the fort of Ram

……… on its western side is the Janma Bhum or Janam

Asthan, the birthplace of the hero'. Page (iii) records 'Just

beside the birthplace of Rama is the "Kitchen" of Janki-ji.'

At page 6 (of the main narrative) Carnegy records that

'with the fall of the last of Rama's line, Ajudhia became a

wilderness', that to Vikramajit 'the restoration of the

neglected and forest-concealed Ajudhia is universally

attributed ……… the different spots rendered sacred by

association with the worldly acts of deified Rama, were

identified, and Vikramajit is said to have indicated the

different shrines to which pilgrims from afar still in

thousands half-yearly flock'. At page 7, he records about

Ramkot: 'The most remarkable of those was of course

Ramkot, the stronghold of Ramchandar……. This fort

covered a large extent of ground ……….. within the fort

were 8 royal mansions where dwelt the Patriarch Dashrath

and his wives, and Rama his deified son ……….' Serial

4469

No. 6 of these mansions records 'Janam Asthan (Rama's

birthplace)'. Page 20-21 mentions 'The Janamasthan and

other temples'. It is recorded: ' It is locally affirmed at the

Mahomedan conquest there were three important Hindu

shrines…….the 'Janmasthan' the 'Swargadwar Mandir'

also known as Ram Darbar and the 'Treta-ke-Thakur'. On

the first of these the Emperor Babar built the mosque

which still bears his name, A.D.1528. On the second

Aurangzeb did the same, A.D. 1658-1707; on the third that

sovereign, or his predecessor, built a mosque according to

the well-known Mahomedan principle of enforcing their

religion on all those whom he conquered. The Janmasthan

marks the place where Ramchandra was born'. At page 21,

it is mentioned that in 1855 a great rupture took place

between the Hindus and Mahomedans, the former

occupied the Hanuman Garhi in force, while the

Mahomedans took possession of the Janmasthan. The

Mahomedans actually charged up the steps of Hanuman

Garhi, but were driven back with considerable loss. The

Hindus then followed up this success, and at the third

attempt, took the Janmasthan at the gate of which 75

Mahomedans are buried in the Martyrs' grave (Ganj-

shahid). Several of the King's regiments were looking on

all the time, but their orders were not to interfere. It is said

that up to that time, the Hindus and Mahomedans alike

used to worship in the mosque-temple. [This reminds of

Tieffenthaler's description of the disputed structure as

Muslim-Temple. See para 17(ii)(2) and 17 (iii) of these

Arguments]. Carnegy goes on to add that since the British

4470

rule, a railing has been put up to prevent disputes, within

which in the mosque the Mahomedans pray, while outside

the fence the Hindus have raised a platform on which they

make their offerings. At page 27, Carnegy, giving a brief

list of 'buildings' existing at that time, mentions at No. (5)

Babar's mosque with stone inscriptions in 'Ajudhia', date

1528, and stone columns of infinitely greater antiquity,

i.e., of much older period than DS; hence DS could be

from the earlier temple demolished. There is no reason to

hold any of these accounts to be erroneous.

(R) Annexed to page 27 of Carnegy's Record is

Appendix ‘A’ setting out "List of Sacred Places in and

about Ajudhia". Drawn in Tabular form, Col. No. 2 is for

'Name of sacred place', Col. No. 3 is for 'Name of founder

or restorer', Col. No. 4 is for 'Number of years since it was

founded or restored', Col. No 5 is for 'Number of

generations since founded or restored', Col no. 7 is for

'How obtained', Col. No. 9 is for 'Sect and special object

of veneration', Col. No. 11 mentions page no. 'for

particulars' of the item and Col No. 12 is for 'Remarks'.

The Appendix lists 209 'sacred places'. All of them are

Hindu sites; Appendix C is the 'List of old Mahomedan

places of Note…..' While 'Janam Asthan' is mentioned at

serial no. 1 of Appendix A with particulars at page 20,

'Mosque of Emperor Babar' is mentioned at serial no. 3 of

Appendix C with particulars at page 21.

(S) Janam Asthan at serial no. 1 of Appendix A, carries

the name of 'Ramdas ji' as 'founder or renovator', 'founded

or restored' since 166 years of 7 generations, 'obtained' as

4471

'given by Mir Masumali Mafidar' related to 'Gudar,

Ramchandar' by 'sect & special object of veneration'.

Referring to 'particulars' at page 20 (per Col. No. 11),

larger picture emerges. While according to Appendix A,

the Janam Asthan could have existed only since 1704

A.D., established by 'grant' from a Mafidar, the particulars

at page 20-21 lay down that on Janmasthan 'Emperor

Babar built the mosque which still bears his name, A.D.

1528', marks the place where Ram Chandr was born, had

'a fine temple at Janmasthan' and 'many of its columns are

still in existence, having been used by the Mahomedans in

the construction of the Babri Mosque', the columns are

'black stone called by natives Kasoti (literally touchstone)

and carved with different devices'. Obviously, the

'Mosque' could not be described as Janmasthan because as

the structure stood, it was a Mosque, not a temple; the site

on which the Mosque stood could be the Janma Bhumi of

Ram, but could not be visible in the structure. At the same

time, the only visible structure bearing the nomenclature

of Janmasthan was the one mentioned at Serial No. 1 of

Appendix A. Further, Appendix B 'Ayodhya Mahatma', at

page (ii) mentions "Janam Bhumi or Janam Asthan, the

birthplace of Ram". On a consideration of all this record,

in totality, the reasonable conclusion is that, on the

findings of survey by P.Carnegy, while a visible standing

structure associated with Ram's birth was the Temple since

1704 mentioned at serial no. 1 of Appendix A, the Janma

Bhumi was the invisible site on which the Babri Mosque

stood since 1528. At the same time, the details of 'Mosque

4472

of the Emperor Babar' (serial no. 3 of Appendix C) as at

page 21, clearly mentions that the mosque which Emperor

Babar built in 1528 AD was built on the Janmasthan. The

probability is that Janmasthan structure mentioned at

serial no. 1 of Appendix A was the result of politico-

religious compulsion faced from the devotees of Ram, so

that a temple of Ram's birthplace was managed to have

been erected with the leave/license of the Muafidar

because Hindus were prevented throughout from erecting

a Ram Janam Bhumi Temple anywhere within the

precincts of Babri Masjid campus, so much so that when,

in 1885 Mahant Raghubar Das sued for permission to

erect a Temple on the Ram Chabutra, it was objected to by

contesting Muslims and refused by the concerned

authorities, including the Court, at Ayodhya. This

probability is strengthened by the 'Remark' recorded by

Carnegy in Col no. 12 of Appendix A as follows: "Great

astonishment has been expressed at the recent vitality of

Hindu religion at Ajudhia, and it was to test the extent of

this chiefly that with no small amount of labour, this

statement has been prepared. As the information it

contains may be permanently useful, I have considered it

well to give it a place here". This 'recent vitality of Hindu

religion' is reflected in the 'great rupture' of 1855

mentioned above. It was facilitated by the collapse of

tyrannical rule of Mughal Aurangzeb, followed by slightly

humane rule of the local Governors (Subedars), styled as

Nawabs, who may have realised the injustices caused to

Hindu devotees so much so that, according to Carnegy,

4473

when the 1855 episode occurred, "Several of the King's

regiments were looking on all the time, but their orders

were not to interfere." Following the growing influence of

British East India Co since Lord Wellesley's 1801 treaty,

establishment of British Resident of Oudh, coupled with

ill-governance of Oudh, the Company accomplished

annexation of Oudh, formally proclaimed by Outram on

13th February 1856; Wajid Ali Shah, the last ruler of

Oudh, was deported to Calcutta where he died (See page

762-63 of Majumdar, Raychaudhari & Kalikinkar Dutta's

"Advanced History of India", supra). Carnegy has

mentioned about annexation of Oudh in 1856 at page 13.

Nawab Wajid Ali Shah had a great liking for Hindu

culture, Art, Dance & Music, and could well have directed

his regiments 'not to intervene' in the 1855-rupture.

(T) The next important Document reflecting upon

'recent vitality of Hindu religion' mentioned by P.

Carnegy, is Barabanki Gazetteer by H.R.Nevill (1902),

paper no. 9 of Bhagwan Sri Ramlala's documents (Ext.

OOS 5: 52), mentions at page 168-169 that shortly before

annexation of Oudh by British an event happened in 1853,

and records: "The cause of occurrence was one of the

numerous dispute that sprung up from time to time

between Hindu Priests and Musalmans of Oudh with

regard to the ground on which formerly stood the Janma

Asthan Temple which was destroyed by Babar and

replaced by mosque. The ground being particularly sacred

to Hindus was at once seized by Bairagis and others". This

shows that Hindu-Bariagis took possession of DS in 1853

4474

as site of Ram's birthplace. The document adds that

Moulvi Ameer Ali, resident of Amethi (then in Lucknow),

at once proceeded to declare Jihad in the city. The King

sent orders to Faizabad to inquire into the matter, but

nothing was done. Ameer Ali then collected a large and

well-armed force of Mahomedans; but the King

summoned Ameer Ali and proclaimed that no violent

action should be taken, and that the Mosque should be

restored. When Ameer Ali collected more men, the King

on receiving the news thereof, summoned Sir James

Outram, the Resident, and left it to him to put a stop to

Ameer Ali's movement in any way he could. As already

mentioned, according to Carnegy, the 'rupture' took place

in 1855. Page 174 of Faizabad Gazetteer of 1905, filed per

list dt. 5.11.1989 by Defdt. Madan Mohan Gupta (Ext.

OOS 5: 11) mentions that although Muslims re-occupied

the place in 1855, the Hindus made a made a counter-

attack and stormed the Janmasthan. So, the Bairagis and

other Hindus captured DS/DA in 1853 and re-captured it

in 1855 from Muslims after a fight in which several

Muslims were killed and 75 were buried around the

Masjid. Ext. A-26, the Judgment of Sub-Judge in Mahant

Raghubar Das suit mentions Hindu-Muslim riots of 1855

after which the British constructed a wall separating the

areas of possession of Hindus & Muslims over DS

referred to by Carnegy. These documents confirm the DS

to be the site of Ram Janmabhumi on which stood Janma

Asthan Temple. Admittedly, the British authorities erected

a partition wall on the platform of DS towards East of DS

4475

in 1855 and provided that the portion on the West of the

partition wall would remain in possession of Muslims

whereas that on the East thereof, including the platform

mentioned by Tieffenthaler, would remain in possession of

Hindus.

(U) In 1858 (i.e.3 years after the events of 1853-55) a

Sikh Fakir Khalsa, Nihang Singh, took possession of DS

itself, installed Nishan Shri Bhagwan in the Central Dome

of DS and performed Puja-Havan. Ext. 19 of OOS 1 of

1989, is a report (application) of SO Sheetal Dubey of

local PS lodged on 28th November, 1858 that a Nihang

Singh (Sikh) Fakir Khalsa r/o Punjab installed NISHAN

SHRI BHAGWAN (NISHAN is pillar with a flag at the

top as symbol of a Temple’s Deity) with 25 Sikhs helping

to protect and install the NISHAN, and Hawan and Puja

was performed in the name of Guru Govind Singh inside

"Masjid Janmasthan". That is the beginning of Masjid’s

nomenclature describing its situation at Janmasthan, the

birthplace. Two days later (on 30.11.1858), Mohd Salim

Muazzin (the person who makes Azan to call Muslims for

prayer in Masjid) filed an application (Ext. OOS 1: 20) in

connection with Ext. 19, stating that the Nihang Singh of

Punjab and Sikhs and Bairagis of Janmasthan are bent

upon committing rioting and in the middle of Babri

Masjid near arch (Mehrab) and pulpit (Mimbar) made a

mud chabutra 4 angul high, dug a pit , lighted fire and

perform Puja and Hom, and also planted NISHAN 1 ¼

yards tall and installed Idol; word ‘Ram-Ram’ has been

written by charcoal at various places in the Masjid. This

4476

confirms that in 1858, DS was claimed by Sikhs-Hindu

Bairagis and described by the jurisdictional local Police

Officer too as Birthplace of Ram (the police describing it

as Masjid Janmasthan). Exts 21, 22, & 23 of OOS 1 of

1989 demonstrate the same situation.

(V) Of these, Ext. OOS 1: 23 is the application dt.

9.4.1860 of one Mohd. Isa with reference to SO's report

regarding "installation of Nishan by Sant Tek Singh Fakir

Khalsa in Masjid Janmasthan ". This is an admission and

confirmation by a concerned Mohammedan in 1860 that

DS was Masjid at Janmasthan. In the Order dt. 3.1.1870

Ext. A19 (of OOS 1 of 1989) the Settlement Officer

ordered payment of Annual Endowment Grant for support

of Janmasthan Mosque to Mohd. Asghar (the Mutawalli

of DS) and Mohd. Afzal Ali. Following it, Mohd Asghar

and Mohd Afzal filed a Suit through Plaint dt. 22.8.1871,

Ext. 26 and described Babri Masjid 'to be situated in

Janmasthan Avadh' and claimed to be owner of 21 Imli

trees situated at darwaza of Babri Masjid which is

situated in Janmasthan. The claim was upheld by the

same day's order Ext. 25. Ext 15, Dy. Commissioner's

Report dt 14.5.1877 read with Ext. 16, Commissioner's

Order dt. 18.12.1877 in an Appeal filed by Mohd Asghar

show that in November 1873 an Idol was placed on

'platform of Janmasthan', that in May 1877, the Dy.

Commissioner got a door opened in the Northern wall of

the Campus and recorded that 'the new door was opened

not in the Mosque but in the wall of Janmasthan. Mohd.

Asghar's Appeal was dismissed by the Commissioner's

4477

above Order (dt. 18.12.1877). In Ext. 18, an application

dt. 2.11.1883 by Mohd Asghar filed in the Court of Asstt.

Commissioner, Faizabad, Mohd Asghar admitted the

rights of Mahant Raghubar Das on Chabutra

Janmasthan. These documents constitute important

confirmation by the Police, the Dy. Commissioner and the

Commissioner, and important admissions by Muslim-

claimants regarding DS (Mohd Asghar, Mohd Afzal and

Mohd Isa) that Babri Masjid stood at Janmasthan and

came to be called as Masjid Janmasthan, i.e. Mosque at

the birthplace (of Ram). It was never mentioned by any of

the Muslim-claimants that there stood any 'Mandir

Janmasthan' towards North of DS beyond the East-West

rasta situated on the North of DS (a case now taken by

Sunni Board/Muslim parties in these Suits), although P.

Carnegy had mentioned in 1870 about Janmasthan since

166 years and construction of Masjid by Babar in 1528 on

Janmasthan where formerly a temple had existed (See

Para 21).

(X) Other significant documents are:

(i) Paper No. 1 of Ramlala's documents (OOS 5:5)

are pages 739-740 of Edward Thornton's Gazetteer of

1854 mentions 'extensive ruins of Fort of Ram, King of

Oudh, highly celebrated' and 'quadrangular coffer of

stone protruding 5 or 6 inches above ground pointed

out as Cradle of Ram as 7th Avatar of Vishnu, and is

abundantly honoured by pilgrimages and devotion of

Hindus'. This is what Tieffenthaler had recorded seen in

1786.

4478

(ii) Paper no. 4 of Ramlala's documents (OOS 5:7) is

Volume 1 of Oudh Gazetteer of 1877; at page 7 it

mentions that on Janmasthan, Babar built a Mosque.

(iii) Paper no. 5 of Ramlala's documents (OOS 5:8)

contains paragraphs 666 to 669 of A.F.Millet's Report of

Settlement of Land Revenue, Faizabad, in 1880,

describing Janmasthan and other temples of Ayodhya

and mentions erection of mosque by Babar on

Janmasthan.

(iv) Paper no. 6 of Ramlala's documents (Paper

107C1/31-32) contains page 67 of Chapter X of Report

of Archaeological Survey of NW Provinces and Oudh

1889 which mentions that Babar's Masjid at Ayodhya

was built in AH 930 or AD 1528 by 'Mir Khan on the

very spot where the old temple of Janmasthan of Ram

Chandra was standing.

(vi) Paper no. 7 of Ramlala's documents (OOS 5: 9)

contains page 297 of ASI publication of 1891 by A.

Fuhrer of Monumental Antiquities and Inscriptions in

NWP & OUDH stating that in the very heart of city

(Ayodhya) is "Janmasthan or birthplace of Ram" and

Mir Khan built a Masjid during the reign of Babar on

Janmasthan.

(vii) Paper no. 8 of Ramlala's documents (OOS

5: 10) contains page 389 of Imperial Gazetteer of India

Volume II of 1901 mentioning that at one corner of the

present town of Ayodhya a vast mound known as

Ramkot or the Fort of Ram is the holy spot where Ram

was born, that most of the enclosure is occupied by a

4479

mosque built by Babar from the remains of an old

temple and an outer portion of a small platform and

shrine marked the birthplace.

(Y) After the installation of an Idol in November 1873

on the platform of Janmasthan (vide Exts. 15 and 16

supra), an important Suit was filed by Mahant Raghubar

Das Vs. Secretary of State, RS 61/280 of 1885 for

permission to erect a temple on the platform (mentioned

by Tieffenthaler in 1786 which came to be known as Ram

Chabutra situated in the South-Eastern corner of the

premises of disputed Babri Masjid). Ext. A22 is plaint dt.

19.1.1885; Para 1 mentions that BHUMI JANMASTHAN

is situated in the city of Ayodhya of which Mahant

Raghubar Das is Mahant, Para 2 mentions CHABUTRA

JANMASTHAN with a small temple placed on it, and

Para 3 mentions that Mahant Raghubar Das is in

possession thereof. Thus Raghubar Das claimed that

Chabutra Janmasthan (containing a small Temple) is

situated in Bhumi Janmasthan and that the Chabutra

Janmasthan had been in his possession. In the Written

Statement, Ext. A23, Mohd Asghar/Mohd Javed as

Mutawalli of Babri Masjid stated that the Masjid was

constructed by Babar, that the Chabutra was constructed in

1857 which Muslims had complained of and applied for

demolition and orders were passed for its demolition (but

it continued to exist), Plaintiff and other Hindus used to

have ingress/egress into the campus of the Masjid and had

been assembling/dispersing, coming/going and making

offerings ¼ut+j fu;kt+ p<+krs gSa½ as they do at other religious

4480

places like Imambaras/Masjids for their spiritual benefit.

The concept of offerings for spiritual benefit is relevant

acknowledgment of Deity-nature of DA. An important

circumstance is that Mohd Asghar etc. never pleaded that

Janmabhumi was situated elsewhere, viz. further North of

East-West Rasta which runs towards North of DS (as

pleaded in the current litigation), the record of P. Carnegy

in 1870 about ‘Janmasthan in the name of Ramdas’ and

another Janmasthan with Babri Masjid thereon was

already public (See Paras 20 and 21 supra). Their

statement that the Chabutra was constructed in 1857 is

absolutely false because Tieffenthaler's account of 1786

records its existence. Another important feature contained

in Court-Commissioner's Site Plan, Ext. A25, which bears

signatures of Mohd. Asghar, is that all around the Babri

Masjid there existed Parikrama (circumambulation path)

which is a typical feature of all Hindu Temples; Shiv

Shanker Lal Court Commissioner in these very Suits

found the Parikrama all around the DS. It shows that

throughout hundreds of years, Hindus worshipped the

entire DA as Ram Janmabhumi.

(Z) The trial Court dismissed the Suit of Mahant

Raghubar Das on the ground that grant of permission to

construct a Temple within the campus of Masjid would be

laying foundation for quarrel and riots (vide Judgment

Ext. A26). Mahant Raghubar Das filed an Appeal to the

District Judge. The District Judge made a local inspection

of the locality and in his judgment, Ext. A27, delivered on

the very following day (18.3.1886) he recorded that "it

4481

was most unfortunate that the Masjid should have been

built on land specially held sacred by Hindus". He further

recorded that the 'platform or Chabutra of masonry'

occupied by Hindus 'is said to indicate Birthplace of Ram

Chandra'. He dismissed the Appeal on the ground that

since the event occurred 356 years earlier, it was too late

to remedy the grievance, and that in fact or law there was

'no injuria' as District Magistrate's Order in his

administrative capacity to maintain law and order in

exercise of sovereign power could not give a right to the

Plaintiff to challenge the same; hence status quo ought to

be maintained. The observation that Ram Chabutra was

'said to indicate' birthplace of Ram, reflects Mahant

Raghubar Das's anxiety & effort to assert Ram's birthplace

to sustain continuity of Worship of birthplace of Ram

since time immemorial despite 3-4 centuries

Mughal/Muslim violence and use of force on a place of

Hindu worship as Islamic Jehad mentioned by Babar

himself in Babarnama. District Judge's finding that there

was no injuria, establishes that no civil rights of Parties

were decided, hence res judicata could not be applied.

(AA) Encyclopaedia Britannica (ED V) Volume 1, 15th

Edition (1980), page 693 deals with Oudh and mentions

that out of a few surviving monuments of antiquity, there

is Rama's Birthplace marked by a Mosque erected by

Mughal Emperor Babar in 1528 on the site of an earlier

temple.

(AB) Considered in totality, the above material

overwhelmingly establishes that the disputed area is the

4482

birthplace of Ram and the DS stood at that birthplace. It

is admitted that the area was seized by Babar's army under

Mir Baqi, his General. In the normal course of human

behaviour having regard to the Islamic concept of Kafir,

Jehad etc to which Babar was deeply devoted (vide his

own writings in Babarnama), the Hindu devotees of Ram

could never have opportunity to maintain their own place

of worship after demolition of Hindu Temple and erection

of Babri Masjid at its site by use of force and physical

might. Cruelty of Babar's hordes during raid in Ayodhya

against Sheikh Bayazid is revealed by Babar himself in his

Babarnama record that on Saturday 7th Rajab

(=28.3.1528) Bayazid and his force, stationed to the other

side of River Saryu, "being unable to stand their ground

took to flight and our people brought down some of them

and cut off their heads which they sent to me". It would

have been impossible for Hindu devotees at that time to

preserve/maintain any vestige of the Temple.

Nevertheless, when Tieffenthaler wrote the History &

Geography of Ayodhya in 1786, he found a platform about

19 feet x 15 feet x 5 inches inside the campus of DS and

Hindu devotees used to worship at the platform and also

throughout DS [see para 17(iii) above]. The record does

not show when this Chabutra (platform) was erected.

Humayun succeeded Babar on his death in 1530, but in

1539 he was defeated at Chaunsa near Buxar and finally

on 17.5.1540 was defeated by Sher Khan and his Afghan

followers at the battle of Ganges/Bilgram (whereupon

Sher Khan assumed the royal title of 'Sher Shah' with

4483

territories extending from Kannauj to hills of Assam and

from Himalyas to Jharkhand & Bay of Bengal) and

Humayun just managed to escape and had to lead the life

of a wanderer for 15 years and the Moghul sovereignty of

Hindustan passed to the Afghans (vide page 431 of "An

Advanced History of India" by R.C.Majumdar,

H.C.Raychandani & Kali Kinkar Dutta, 4th Macmillan

Edn 1978). At page 433, the Historians write that in the

spirit of an enlightened despot, Sher Shah "attempted to

found an empire broadly based upon the peoples' will".

That could have afforded an opportunity to Hindus to get

into possession in portions of campus of DS. This

opportunity, perhaps, could not be broadened to take

possession of DS itself in total exclusion of Muslims from

the Mosque. It is likely that, in the prevailing situation, the

Hindus content themselves with possession over Chabutra

while continuing their efforts to extend rights and

possession over different portions of the Campus of DS.

Indeed, in application dt. 2.11.1883, Etx. 18, Mohd Asghar

admitted possession of Mahant Raghubar Das not only on

the Chabutra Janmasthan but also on Sita Rassoi abutting

towards North of DS which is mentioned by Tieffenthaler

too [see para 17(ii)(i) above]. Existence of Sita Rassoi,

venerated by Hindus as sacred, immediately abutting DS

and the Chabutra show that Hindus were constantly trying

to extend their physical possession in the campus of Babri

Masjid with passage of time. Indeed Register of Muafi

dated 29.6.1880, Ext. 2 of SB Suit, wherein grant of

Sahanwa land in lieu of cash maintenance amount for

4484

Babri Masjid was recorded, clearly records that this is the

Masjid in Ayodhya for possession of which Hindis and

Muslims fight and are rival claimants. Humayun

recovered the Indian territories with the aid of Shah of

Persia and reoccupied Delhi in July 1555 (vide page 438

of history book supra). He died on 24.1.1556 and was

succeeded by his 13 year old son Akbar (vide page 438).

There is nothing to show that Humayun or Akbar

undertook any military exercise in Ayodhya. Indeed,

Akbar was liberal in his religious views and promulgated

Din-e-Ilahi, compounded from various elements taken

partly from Quran, Scriptures of Brahmins and Gospel of

Christ; a firm believer in the policy of universal toleration,

Akbar made no attempt to force his religion on others but

appealed to the inner feelings of men (vide page 452).

Akbar abolished Pilgrim Tax in the 8th year and Jizia in

the 9th year of his rule (vide page 455). He had great

veneration for Guru Ramdas and granted land to him

containing a pool where the famous Amritsar Golden

Temple stands (vide page 492). Perhaps affairs moved in

the same direction during the rule of Jahangir and

Shahjehan. Shahjehan fell ill in September 1657. Terrible

war of succession broke out amongst his sons and finally,

Aurangzeb captured the throne of Hindustan, seized Agra

Fort on 8.6.1658, proceeded to Delhi and crowned himself

as Emperor on 21.7.1658, while all efforts by Shahjehan

for amicable settlement failed. Aurangzeb confined

Shahjehan in Agra Fort where he died on 22.1.1666 at the

age of 74 (vide page 477). A champion of Sunni

4485

orthodoxy, Aurangzeb tried to enforce strictly the Quranic

law under which every pious Muslim was to exert himself

in the path of God, i.e. to carry on Jihad against non-

Muslim lands. He re-imposed Jizia tax in 1679 on non-

believers (pages 489 & 490). Tieffenthaler wrote that

Aurangzeb got demolished the Temples of Swargadwar

and Treta-ka-Thakur and got Mosques built at their site,

but there is no indication that he caused any violence at

Sita Rassoi. Aurangzeb died on 3.1.1707 at Ahmadnagar

disheartened, anguished and unhappy; he wrote to his son

Azam: "I came alone & am going alone. I have not done

well to the Country & the people, and of the future, there

is no hope" (vide page 500-501). Only 60 years later

Tieffenthaler found the platform and discovered that

Hindus had been worshipping not only at the platform but

also at the DS. So, it is quite likely that Hindu devotees

possession and worship in the campus of DS had been

going on even from the times of defeat of Humayun.

4093. Though the range and scope of argument has gone

beyond what actually needs to be considered necessarily in

relation to the three issues as noticed above but we shall

concentrate only on such matters and aspects which are related

with these issues and not beyond that. In fact in respect to other

arguments covering other matters we have already considered

and recorded our findings while deciding other issues.

4094. The investigation of the material on these issues

really travels in an uncertain extent of period of the past which

we can, for convenient purposes say history though some of the

expert historian witnesses in their statements have tried to

4486

dispute these issues compelled to peep into history leaving no

option with us, as already said the length of history ranges from

several thousand to several lakhs of years (B.C.).

4095. We shall first find out what are the recognised

sources to know history and in particular that of Indian sub-

continent.

4096. In “The History and Culture of Indian People –

The Vedic Age” Vol.-I published by Bharatiya Vidya Bhavan,

Mumbai- Sri R.C.Majumdar, A.D.Pusalker and A.K.Majumdar,

6th Edition 1996, Chapter II discusses in brief the sources of

Indian History. The learned authors, for the above purpose, have

divided the period of Indian History in three : (1) from the most

ancient times to the end of the twelfth century A.D.; (2) from

thirteenth to eighteenth century; and (3) the subsequent period.

4097. Three sources are mainly mentioned in regard to

ancient times:

A. Literary Sources

B. Archaeology

C. Foreign Account

4098. In the category of “Literary Sources”, the learned

authors have referred to Vedic Literature, local chronicles,

Biographies, Poetical Epics like Ramayana, Mahabhartha,

Gaudavaho and Vikramanka-deva charita etc. In the category of

“Archaeology”, the learned authors have taken into account the

archaeological excavations, Inscriptions, Numismatics (Coins),

Monuments etc. The “Foreign Account” consist of the

information provided by the foreign writers visiting the

continent. It consist of the Greek writers Herodotus; Ctesias;

Megasthenes (who accompanied Alexander to India and lived

4487

for some time in the court of Chandragupta Maurya as an

ambassador of Seleucus); and anonymous author of “Periplus of

the Erythraean Sea” who made a voyage to the Indian coast

about A.D. 80, was a Greek and settled in Egypt, and left a

record of its ports, harbours, and merchandise; Ptolemy; Arab

sailor and merchants like Sulaiman, Al Mas'udi, Al-Beruni,

Chinese travellers i.e. Fa-hien (about fifth century A.D.), Hiuen

Tsang, and I-tsing (seventh century A.D.).

4099. In the Mediaeval period, the most reliable sources

are contemporary political and other chronicles regarding

political events of the country like Tabaqat-i-Nasiri (by Minhaj-

ud-din, thirteenth century A.D.); Ta'rikh-i-Firuz Shahi (by Ziya-

ud-din Barani and Shams-i-Siraj 'Afif'); Gulshan-i-Ibrahimi (by

Muhammad Qasim Firishta); Ain-i-Akbari and Akbar-nama (by

Abu'l-Fazl); Tabaqat-i-Akbari (by Nizam-ud-din Ahmad) and

Muntakhab-ut-Tawarikh (by Abd-ul-Qadir Budauni). Besides,

there is autobiographies of Mughal emperors Babur, Jahangir,

Shahjahan, Aurangjeb etc. and the English historians work like

“The History of India” as told by its own Historians – compiled

by Elliot and Dowson. There are some Foreign Account also

during this period that is of Marco Polo, who visited India and

other parts of Asia towards the close of the thirteenth century;

Ibn Batuta, an African Muhammadan, who spent several years

in the court of Muhammad Tughlaq and returned to his native

country in A.D. 1349; Nicolo de'Conti, the Venetian, visited in

fifteenth century, a number of European travellers like

Tieffenthaler, Willium Finch, Minouchi etc..

4100. The third period i.e. subsequent to eighteenth

century is called as “Modern Period” and during this period, the

4488

written record of various transactions etc. of the Rulers are

available in various forms including Gazette and Gazetteers,

History Accounts, official records kept in record offices etc.

4101. Several witnesses produced by the parties have also

made certain statements about what constitute sources of

history, and, in brief, some of such statements are noted below.

4102. P.W. 29, Jaya Menon while being cross examined

by Sri R.L. Verma, at page 48, explained difference between

“history” and “archaeology” and also said about the sources for

knowing “Ancient Indian History” :

“From my point of view Archaeology is a different subject

from history but both of them have the same aim of

understanding the human past. I would say that

Archaeology was introduced later on as a subject it was not

present from the very beginning of the knowledge of the

history.

The sources of knowing Ancient Indian History are

texts, inscriptions, coins and archaeological evidence.

Vedic Literature is significant for knowing the Vedic

period.”

4103. However, she did not accept “Puranas” as a source

for knowing Vedic period and says at page 49 :

“Besides Vedas there is no other source to know

about the Vedic period. So far as Puranas are concerned

they are not a source for knowing Vedic period. I have

heard the name of Smritis. I know about Manu Smriti but I

have not read it. Manu Smriti is one of the texts which tells

about society. For knowing the later Vedic period,

Brahmanas, Aranyaks and Upnishads have significance. I

4489

have very little knowledge about Vedangas. I have heard

about six parts of Vedangas but I do not know much about

them. Upnishad is the end of Vedas. Volunteered, it is also a

text in which early philosophical ideas are present.

Upnishads were written by various people at various times

who were Rishis and Brahmins.”

4104. PW 29 gave some information about “Smrities” and

“Puranas” at pages 48 to 52 :

“There are 18 Puranas known to Ancient Indian

Culture. The name of Puranas are Vayu Puran, Matsya

Puran and many others...”

“I have heard about Mahabharat which is written by

Vedvyas but I have not read it. I have also heard about

Valmiki Ramayan but I have not read it. During study of my

M.A. Classes, I have heard about Mahabharat and Valmiki

Ramayan. I do not know whether Mahabharat and Valimiki

Ramayan are referred to as part of Puranas. Lord Rama is

hero of the book which is called Valimiki Ramayan. I

disagree that Valimiki Ramayanwas written in the lifetime

of Lord Rama. Volunteered, Ram is a mythological figure

so he could not have lived in the time of Valmiki. I came to

know about it on the basis that both these stories of

Ramayan and Mahabharat were written at different points

over a long period. Mahabharat is considered older than

Ramayan. Roughly the earliest part of Mahabharat could

date to one thousand B.C. But it was written down by about

fourth century A.D. and the Ramayan from about fifth

Century B.C. Till about fourth century A.D.”

“Vedas came into written form probably in Fourth

4490

Century A.D.”

“I disagree that customs, traditions and legends are

sources for understanding the past.”

“The period of Rig Ved is called early Vedic period.

According to me chronologically there is difference

between Rig Ved and other Vedas.”

“Period of Rig Ved in history is called early Vedic

period. After prevedic era, Vedic period starts. I do not

think that Smritis are connected with Vedas. Manusmriti

has different information than Vedas. I do not agree that

the Smrities in any way help to understand Vedas. There is

no terminology which may be said to be 'Pauranic era'.

The Puranas are basically dated to fourth century A.D.”

“Puranas are supposed to be written in Gupta period i.e.

between four to six century A.D.”

4105. PW 28 Dr. Sita Ram Roy, expert (Archaeology)

having further specialisation in “Epigraphy” and “Numismatics”

in his examination in chief, at page 6 has expressed his views

that Atharvaved was written between 10th- 8th century B.C.

4106. On pages 8, 9, 10, 13, 14, 16, 17, 30, 31, 32 and 33,

he (PW 28) said, about sources of ancient history, as under :

**;g Bhd gS izkphu bfrgkl dks tkuus ds fy, iqjkrRo ,d

vPNk L=ksr gSA blds vfrfjDr lkfgfR;d L=ksr gS] ijEijk Hkh L=ksr

gSaA** (ist% 8)

"It is true that archaeology is a good source to know

ancient history. Besides this, there is a literary

source;customs are also a source."(E.T.C.)

**;g Bhd gS fd ftl dky dk fyf[kr bfrgkl miyC/k ugha gS]

ml dky dk bfrgkl tkuus ds fy, ,d gh L=ksr iqjkrRo gSA blh

rjg gM+Iik dky ds dYpj dks tkuus dk L=ksr iqjkrRo gh gSA v'kksd

4491

dky ds igys dky dks tkuus ds fy, gekjs ikl lkfgR; vkSj

iqjkrkfRod nksuksa L=skr miyC/k gSaA v'kksd dky ds igys ds bUlfdIz'ku

miyC/k ugha gSA dsoy gM+Iik dkyhu fyfi miYkC/k gS tks i<+h ugha xbZ

gSA /kEein nsoukxjh fyfi esa miyC/k gSA ij lcls igys igy og

flyksfud fyfi esa fy[kk x;k gSA v'kksd dky ds igys ds bfrgkl dks

tkuus ds fy, ckS) lkfgR; vkSj dqN oSfnd lkfgR;d miyC/k gSaA

oSsfnd lkfgR; ls rkRi;Z gS lafgrk czkgE.k] vj.;d] mifu"knA /keZ'kkL=

oSfnd lkfgR; esa ugha vkrk gSA VzSoylZ ,dkm.V dks Hkh eSa bfrgkl dk

L=ksr ekurk gWwaA ;g Bhd gS fd ,ihxzkQh vkSj isfy;ksxzkQh bfrgkl

tkuus dk ,d L=ksr gSA --------------U;wfeleSVfDl Hkh bfrgkl dks tkuus dk

L=ksr gS] blh dks eqnzk 'kkL= Hkh dgrs gSaA** (ist% 9)

"It is true that archaeology is the only source to know the

history of a period not having written history. In this very

manner, archaeology alone is a source to know the

'Harappan culture'. To know about the pre Ashokan period.

Both the literary and archaeological sources are available

with us. Inscriptions anterior to the Ashokan period are not

available. Only the Harappan script is available which has

not been deciphered. 'Dhammpad' is available in

devanagari script. But first of all it is written in Cylonic

script. The Bauddha literature and some of the Vedic

literature is available to know the history of pre-Ashokan

period. The Vedic literature means 'Samhita Brahman'and

'Aranyak'. Scriptures are not comprised in the Vedic

literature. I take traveller's account as well to be a source

of history. It is true that epigraphy and palaeography are a

source to know history. Numismatics is also of history and

this very subject is also called 'Science of Coins'. "(E.T.C.)

**lkfgfR;d L=ksrksa esa fyf[kr L=ksr gh j[kss tkrs gSaA ekSf[kd ckrsa

ijEijkvksa ds vUrxZr vkrs gSaA

4492

osn vkSj mifu"kn] ftl dky esa fyfic) gq, ml dky ls og

,sfrgkfld L=ksr ekussssss sss s tkrs gSaA vc rd ds miyC/k lwpukvksa ls dksbZ Hkh

fyf[kr osn 10oha lsapqjh ,0Mh0 ds igys ds ugha feyrsA blds igys

Jqfr vkSj Lefr ds ek/;e ls os cjdjkj j[ks tkrs FksA 10oha lsapqjh ,0Mh0

ds igys ds bfrgkldkj mls viuk ,sfrgkfld L=ksr ekurs Fks] ij

mldh dksbZ fo'sk"k laKk ugha FkhA** (ist% 10)

"Only the written sources are comprised in literary

sources. Oral things are included in customs.

The Vedas and Upnishads are taken to be historical

sources since the time they were scripted. As per

information available so far, no Veda preceding the 10th

century AD is found in written form. Before the said time

they were retained by way of 'Shrutis' and 'Smritis'.

Historians of pre-10th century period take them to be their

historical sources but they had no particular

name."(E.T.C.)

**iqjk.k dh tkudkjh eq>s gSA ;g Bhd gS dqy 18 iqjk.k gSaA

iqjk.kksa dh jpuk dky 400 ,0Mh0 ls ysdj 19oha 'krkCnh rd gSA eq>s

osn dh tkudkjh gS vkSj eSaus mls i<+k Hkh gSA osn pkj gSa igyk _xosn

gS vkSj dze'k% lkeosn] ;tosZn vkSj vFkoZosn gSaA vFkoZosn dk eSaus v/;;u

fd;k gSA vFkoZosn esa tujy ckrsa gSa vFkZkr txg] LFky vFkZkr ekuo dk

lkekftd Lrj D;k Fkk] vkfn dk mYys[k gSA vFkoZosn esa v;ks/;k dk

o.kZu ,d feFkd uxj ds #i esa gSA

eSa ,d bfrgkldkj ds #i esa vFkoZosn dks bfrgkl dk izkekf.kd

xzUFk ugha ekurk gWwaA** (ist% 13)

"I have knowledge of Puranas. It is true that there

are 18 Puranas in all. The composition of Puranas spans

from 400 AD to 19th century. I have knowledge of the Vedas

and I have also gone through them. Vedas are four in

number. The first one is Rigveda and other ones are

4493

Samveda, Yajurveda and Atharvaveda. I have studied

Atharvaveda. Atharvaveda deals with general things, that

is to say, it mentions about places, that is about social

status etc. of human beings. Ayodhya finds mention as a

mythical town in Atharvaveda.

As a historian I take Atharvaveda to be an authentic

book on history."(E.T.C.)

**vFkoZosn esa vafdr rRdkyhu lkekftd rF; gh ,sfrgkfld

L=ksr ekus tkrs gSaA eSa bls /keZ'kkL= ,oa oSfnd nf"V ls izkekf.kd xzUFk

ugha ekurk gWwaA

osnksa esa lcls iqjkuk _xosn gSA bldk jpukdky fo}kuksa ds

vuqlkj 1500 ch0lh0 ls vf/kd ugha ekuk x;k gSA --------- _xosn ds

ckn lkeosn vkrk gSA bldk jpukdky 1200 ch0lh0 ekuk tkrk gS A

bleas xk;u rFkk /kkfeZd jhfr;ksa ls lEcfU/kr o.kZu gSA** (ist% 14)

"Only the then existing social facts mentioned in

Atharvaveda are taken to be historical sources. I do not

take it to be an authentic book from scriptural and Vedic

points of view.

Rigveda is the oldest of the Vedas. As per scholars, its

compostion is attributed not later than 1500 BC. . . . . .

Samveda follows Rigveda. Its composition is attributed to

1200 BC. It has description about singing and religious

manners. "(E.T.C.)

**;tqosZn dk jpukdky X;kjg lkS ls nl lkS ch0lh0 ds chp dgk

tkrk gSA ----- ;g Bhd gS ,slk lukru /kekZoyEch dk fo'okl gS fd osn

bZ'ojh;d`r gSaA _zxoasn esa lj;w unh vkSj lj;w unh ds ty dk o.kZu

gSA** (ist% 16)

"The composition of Yajurveda stated to be between 1100

BC to 1000 BC. . . . . . It is true that the adherents of

Sanatan Dharma (eternal Hinduism) believe that the Vedas

4494

are God made. Rigveda describes about the river Saryu

and about its water."(E.T.C.)

* *vV~Bkjg iqjk.k gSa] tSls& fo".kq iqjk.k] Hkxoriqjk.k] LdU/kiqjk.k]

czgek.M iqjk.k] fo".kq /keksZRrj iqjk.k] czg+eoSorZ iqjk.k vkfn gSaA --------- esjs

vuqlkj rFkk vU; ikSjkf.kd fo}kuksa ds erkuqlkj iqjk.kksa dh jpuk

xqIrdky vFkkZr bZlk dh pkSFkh 'krkCnh ls ysdj lksygoha&l=goha

'krkCnh rd iqjk.kksadh jpuk gksrh jghA** (ist% 17)

"There are 18 Puranas such as Vishnu Purana,

Bhagwat Purana, Skanda Purana, Brahmand Purana,

Vishnu Dharmottar Purana, Brahma Vaivarta Purana etc. .

. . . In my opinion and as per that of other Puranic

scholars, the composition of Puranas continued from the

Gupta period, that is, the fourth century AD to the 16th -

17th century."(E.T.C.)

**izkphu Hkkjrh; bfrgkl tkuus ds fy, iqjkrRo vkSj izkphu xzUFk

dk v/;;u vko';d gSA izkphu bfrgkl tkuus ds fy, lkfgR; ,d

Jskr gS] ij og izFke Jksr ugha gSA izkphu bfrgkl dks tkuus ds fy,

ewyr% iqjkrRo gh ,d vk/kkj gSA Hkkjr dk izkphu bfrgkl tkuus ds

fy, Hkh iqjkrRo ewy Jksr gSA lkfgR; esa izkphu xzUFk] fons'kh ;kf=;ksa

ds ;k=k o.kZu rFkk fons'k ls vk;s gq, jktnwrksa dk Hkkjr ds lEcU/k esa

tks o.kZu gS] og Hkh lkfgR; esa vkrk gSA /kkfeZd xzUFk Hkh lkfgR; esa vkrs

gSaA oSfnd lkfgR; esa dksbZ vyx ls /kkfeZd xzUFk ugha gS] cfYd lHkh esa

dqN&dqN /kkfeZd ckrksa dh ppkZ gSA** (ist% 30)

"The study of archaeology and ancient treatises is

necessary to know ancient Indian history. For the

knowledge of ancient history, literature is a source but not

the first one. For the knowledge of ancient history,

archaeologu alone is basically a basis. Archaeology is a

primary source also for the knowledge of ancient history of

India. Literature compprises ancient treatises, travelling

4495

accounts of foriegn travellers as also the description about

India of emissaries who came from abroad. Religious

books are also comprised in literature. In the Vedic

literature, there is no separate religious book, but all have

discussion about religious things to some extent."(E.T.C.)

**Hkk"; Hkh izkphu xzUFk ds vUrxZr vkrs gSa vkSj og Hkh bfrgkl

dk Jksr ekuk tk;sxkA izFkk,Wa Hkh oSsfnd bfrgkl tkuus dk Jksr gks

ldrh gSa] ;fn og izFkk osn esa fy[kh gqbZ gksA ------------iqjkrkfRod lzksr dk

eq[; vk/kkj mR[kuu ls izkIr oLrq,Wa gSaA** (ist% 31)

"Bhashya (commentaries) also fall under ancient

treatises and they will also taken to be a source of history.

Customs may also be sources of the knowledge of the Vedic

History, if that custom is mentioned in the Vedas. . . . . .The

main basis of archaeological source is the things

discovered from excavation."(E.T.C.)

**osn dh tkudkjh gkfly djus ds fy, osnkaxksaa dh tkudkjh

gksuk vko';d ugha gSA osnkax dk vFkZ mlesa fy[ks dYi] f'k{kk] O;kdj.k]

foyqIr Nan ls gSA** (ist% 32)

"To acquire the knowledge of Vedas, it is not

necessary to have knowledge of Vedangs. Vedang means

'Kalpas', 'Shiksha', 'Vyakaran' and 'Vilupt

Chhandas'."(E.T.C.)

**;g lgh gS fd okYehfd jkek;.k esa osnksa dk mYys[k gSA**

(ist% 33)

"It is true that the Valmiki Ramayan mentions of the

Vedas."(E.T.C.)

4107. What constitute Vedic literature is the next aspect. In

the context of India, the Vedic literature comprises of two i.e.

one related with Hindus and to be more precise Sanatan Dharma

i.e. Vedas, Brahmanas, Aranyakas, Upnishads, Puranas, Vedanta,

4496

Vedangas etc. and another is the religious literature of Jainizm,

Buddhism etc. This literature since beginning alleged to be not

available in written form for the reason that Vedic knowledge in

India was considered to be so precious that it ought not to be

placed on a perishable writing material like Berchbar and Palm

leaves. The transmission of sacred knowledge of Vedas appears

to have been primarily by words of mouth usually from father

to son, generation after generation. The four Vedas consist of

about 20358 verses running in approximately 2000 printed

pages and surprisingly have survived in such a unique system

having been passed down by birth to special families within the

Brahmin communities.

4108. The other category of the derivative literature can be

kept broadly in the category of Smrti (memorized) and Shruti

(what is heard). There are certain other literature termed as

Sutras and then several work of explanatory and subsidiary

scripture.

4109. In brief, we may first consider as to what construe

the above "vedic literature".

4110. Vedas : The Sanskrit word 'Vedas' means literary

“knowledge” or “wisdom”. According to Hindu traditions

'Vedas' existed in their eternal and perfect form from the

beginning of time. They are primary scriptures of Hinduism

revered as apaurusheya, "not of human origin", and are

honoured by epithets usually reserved for the Gods as eternal,

imperishable, infallible and indestructible. Primarily there are

four Vedas, (1) Rig-veda, (2) Yajur-veda, (4) Sama-veda and (4)

Atharva-veda.

4111. “Hindu World-An Encyclopaedic Survey of

4497

Hinduism” by Benjamin Walker, first published in 1968 by

George Allen & Unwin Ltd., London and the first Indian Edition

was published in 1983 by Munshiram Manoharlal Publishers

Pvt. Ltd. (hereinafter referred to as the "Hindu World") (Book

No. 12) Vol. II at page 556, gives information about Vedas; and

on page 557 says:

"According to Hindu tradition, the Vedas existed in

their eternal and perfect form from the beginning of time.

At the end of each kalpa or aeon, Isvara (God) uttered the

original Veda as he remembered it. Since God himself

shared with all other beings in the universal disintegration

concomitant with the descending kalpas, he remembered

less and less. At the beginning of the dvapara-yuga (the

age preceding our own) the Veda consisted of I00,000

verses and had four divisions. By the beginning of the kali-

yuga (our present age) these had become confused. Much

was lost and much perverted. From this disordered mass

the sage Vyasa salvaged as much as he could, arranged the

material in its present form under four headings, and

passed them on to his four principal disciples: the Rig-veda

to Paila; the Yajur-veda to Vaisampayana; the Sama-veda

to Jaimini; the Atharva-veda to Sumantu (or Angires)."

4112. Rig-veda has been explained in Hindu World

(supra) Vol. II at page 294 as under:

Rig-veda:, the most important of the four vedas, and

regarded as the Veda, since the Yajur and Sama Vedas are

merely different arrangements of the Rig-vedic hymns for

ritual purposes, while the Atharva-veda was composed

some time between 1500 BC and 900 BC and had a fixed

4498

text from about 300 BC. Some scholars date the Rig-veda

earlier; Max Muller put the date at 1200 BC, Keith at

1400, Pargiter at 1500, Weber at 2000 BC. H. Jacobi after

examining the Indian calendrical system and the position

of certain stars and constellations as described in the old

texts, placed its composition at 4000 BC. B.G. Tilak, also

on astronomical evidence, placed it at 5000 BC.

There are points of similarity between the hymns of the

Rig-veda and those of the Avesta, and some of the Rig-

vedic legends show a resemblance to the great Yashts of the

Avesta. The latter, it is to be remembered, were composed

before the Rig-veda. Some authorities claim that Book VI

of this Veda was composed before the Aryan tribes entered

India. But generally the language of the Rig-vedic hymns

shows a good deal of borrowing from the Prakrit

languages. It is difficult to distinguish the Indo-European

from the purely Indian portions, and the Hindus themselves

have long lost the tradition of its true origins. Substantial

parts of it were composed by sudras, outcastes and even

women.

The Rig-veda is a collection of miscellaneous

fragments of old legends, chants and hymns, some of them

of great beauty, put together comparatively late. Twenty-

one recensions of the Rig-veda, representing the rituals of

different schools and even different families, are known to

tradition. The Charana-vyuha (Exposition of Schools), a

supplementary work of the sutra period mentions five

sakhas or branches of the Rig-veda, representing the five

chief schools based on the different recensions. These were

(I) the Sakala, the only recension that has been preserved,

4499

(2) Vashkala (or Bashkala), which incorporated some

additional hymns, named after a non-Aryan teacher, (3)

Asvalayana, which recognized as canonical the group of

eleven Valakhilya hymns, (4) Sankhayana, which also

recognized the Valakhilya, but not all the eleven hymns,

and (5) Mandukeys; the recension recognized by this

school is not known. Fragments of some of these

recensions (e.g. the Vashkala) have been inserted into the

present mandalas, but all the remainder are lost or

forgotten. The canon of the rig-veda was probably not

closed till about 500 BC, and the present text fixed about

300 BC. The special hierophants of Rig-vedic ritual are

known as the hotri.

The Rig-veda is divided into ten books called

mandala 'circles', or into eight parts called ashtaka,

'octaves' (or khanda 'trunks' i.e. divisions). These books are

subdivided into adhyaya or chapters, and eighty-five

anuvaka, 'sections', containing a total of 1028 sukta or

hymns (actually 1017 original hymns plus the II

apocryphal Valakhilya hymns, mentioned below, of the

eighth mandala), 2006 vargas or classes, 10417 rich or

verses, 153,826 pada or words, and into many thousands of

akshara or 'imperishable' syllables.

The Rig-veda thus consists of ten books or mandalas

composed of hymns and psalms of praise to the gods,

among them Agni, Indra, Surya, Dyaus, Aditi, Varuna,

Ushas, the Asvina, Prithivi, the Maruts, Rudra, Yama and

Soma. There are also a number of magical hymns and

poems dealing with social customs, ethical questions,

riddles, MANTRAs, myths and legends. In the opinion of

4500

Prof. B. K. Ghosh, it contains a mass of dry, stereotyped

hymnology, but 'of natural outpourings of the heart there is

not much to be found in the Rig-veda' (VII, p.226). The

priestly prayers are not so much for spiritual

enlightenment as for victory, power, wealth, food, wine and

women, and according to Bhandarkar, 'are saturated with

selfish sordid aims'.

Mandala I is an 'eclectic ceremonial liturgy, and a

veritable prayer book of the ancient priests'. Traditionally

ascribed to eighteen rishis, although sometimes the same

hymns occur under different authors, and distinct

fragments are put together as a single piece. Most of the

hymns are simple invocations to fire, water, the sky, etc.

This first book includes one unusually long hymn known as

the asyavamiya, which poses the earliest metaphysical and

mystical questions of the Indian mind, anticipating the

Upanishads. 'Who saw that First when it was born? What

is the Formless that upholds the form? From the earth are

breath and blood; wherefrom the Soul?

Mandalas II and VII, the 'Family Books', are credited

to rishis of various important families such as Bhrigu,

Visvamitra, Gritsamada, Angiras, Vasishtha, Atri,

Vamadeva, Bharadvaja. Book VI contains the poetry of the

period before the tribes entered the Indian subcontinent.

Mandala VIII, a book of miscellaneous and

supplementary hymns, mostly by members of the Kanva

family. Following verse 48 of this mandala, eleven hymns

of an apocryphal character were later interpolated.

These khila (apocrypha) are called the Valakhilya, after the

1

4501

children of the rishi Kratu.

Mandala IX, a unique book inasmuch as it is almost

exclusively devoted to a single deity, Soma. Its

arrangement is also peculiar, as the first 60 hymns are set

up in the order of diminishing length; the remainder,

however, show no signs of order.

Mandala X, differs from the other nine in subject and

language. Linguistically this tenth book belongs to a later

period than the rest, and in many respects forms a

transition to the other Vedas. Many of the hymns are highly

philosophical, some sacerdotal and legendary, others

divinatory or designed for magical purposes, including

charms for averting miscarriage, curing consumption,

securing the destruction of a rival, and so on. About a

dozzen hymns contain dialogues foreshadowing the

dramatic and epic poetry of later times. There are prayers

to the greater and lesser gods, to cows, rivers, dice and

rain. The Purusha Sukta, which makes an allusion to the

distinctions of caste, is found in this mandala, and so also

is the famous hymn of creation, commencing with the

words, 'In the beginning there was neither nought nor

aught'. Also included in this Book is the hymn on the

burning of a corpse which starts, 'Let the eye repair to the

sun, the breath to the wind. Go thou to heaven or to earth

according to thy merit'.

An interesting feature of the Rig-veda is what is

known as the samvada (conversation) hymns, about twenty

in number, scattered through the various books. They have

no specific ritualistic application and were either treated

4502

as ballads, or as ceremonial dramas. Many autho0rities

trace the origin of the Indian drama to the samvada hymns.

Another set of hymns, the so-called danastuti (gift-

praising), are panegyrics commemorating the generosity of

kings and other wealthy patrons towards the priests

employed by them and describing the amount and nature of

the gifts. Of late date, the danastuti hymns possess some

literary merit, and are important since they furnish

historical data about the families and genealogies of the

composers, their patrons, and the Vedic tribes. In these

hymns are to be traced the beginnings of the future epic

narratives in praise of princes and heroes of battle.

For the above descriptions, learned author had

referred to the books “Some Aspects of Ancient Indian

Culture”, Madras, 1940 by Bhandarkar, D.R., “The Hymns

of the Rig-veda”, 1889-92 by Griffith, R.T.H., “ The

Religion of the Rig-veda, Oxford”, 1923, by Griswold,

H.D., “Sacred Literature”, Landon, 1905 by Hurst, G.I.,

“The Rigveda”, Boston, 1886 by Kaegi, A., “Hymns of the

Rig-veda”, Landon 1922, by Macdonell, A.A. (Tr.), “The

Vedic Age”, London, 1951 by Majumdar, R.C. (Ed.), “The

Rigveda Hymns”, Oxford, 1891-7, by Muller, F.Max, and

Oldenberg, H. (Tr.), “Samhita of the Rigveda”, 1833, by

Stevenson, J. (Tr.), “Researches into the Antiquity of the

Vedas”, 1893, by Tilak, B.G. Orion, “The Arctic Home of

the Vedas”, Bombay, 1903 by Tilak, B.G. and “The

Rigveda”, 1859 by Wilson, H.H. (Tr.)

4113. “The Sacred Scriptures of India”, Swami

Chidatman Jee Maharaj, first published in 2009 by Anmol

4503

Publications Pvt. Ltd., New Delhi says that “Rigveda” consist

of 1,017 or 1,028 hymns. This contain a total of about 10,600

stanzas, which give an average of ten stanzas to each hymn. The

shortest hymn has only one stanza, while the longest has fifty-

eight. It says that the knowledge of Richas or Suktas itself is the

literal meaning of Rigveda. 'Rit' means an incantation that

contains praises and Veda means knowledge. Rigveda is the

oldest veda. It comprises of 10 Mandals, 102 Suktas and

containing 10,555 mantras.

4114. Yajurveda has been dealt with in Hindu World

(supra) Vol. II at page 613 as under:

Yajur-veda (?700-?300 BC), the second Veda,

compiled mainly from Rig-vedic hymns, but showing

considerable deviation from the original Rig-vedic text. It

also has prose passages of a later date. The Yajur-veda,

like the Sama-veda samhita (collection), introduces a

geographical milieu different from that of the Rig-veda. It

is not so much the Indus and its tributaries any more, but

the areas of the Satlej, Jamna and Ganges rivers. Along

with this we find new development of religious and social

life, an age when the Epic tribes contended for supremacy

in the Indo-Gangetic plain, and the castes were already

clearly divided. The Yajur-veda represents a transition

between the spontaneous, free-worshipping period of the

Rig-veda and the later brahmanical period when ritualism

had become firmly established.

The Yajur-veda is a priestly handbook, arranged in

liturgical form for the performance of sacrifices (yaja), as

its name implies. It embodies the sacrificial formulas in

4504

their entirety, prescribes rules for the construction of

altars, for the new and full-moon sacrifices, the rajasuya,

the asvamedha, and the soma sacrifices. Strict observance

of the ceremonial in every detail was insisted upon, and

deviations led to the formation of new schools, there being

over one hundred Yajur-vedic schools at the time of

Patanjali (200 BC). Much of the sakha literature grew up

out of variants of the Yajur-vedic texts.

In the Yajur-veda the sacrifice becomes so important

that even the gods are compelled to do the will of the

brahimns. Religion becomes a mechanical ritual in which

crowds of priests conduct vast and complicated ceremonies

whose effects are believed to be felt in the farthermost

heavens. Its under-lying principles were so ridden with

superstition and belief in the power of the priests to do and

undo the cosmic order itself that critics have likened their

formulas to the ravings of mental delirium. The priest

especially associated with the Yajur-vedic ceremonial was

the adhvaryu.

The Yajur-veda now consists of two samhitas, which

once existed in one hundred and one recensions. Both the

samhitas contain almost the same subject matter but

differently arranged. The Taittiriya Samhita, commonly

called the Black Yajur-veda for its obscurity of meaning,

was known in the third century BC, and is the older of the

two. It has been described as an 'undigested jumble of

different pieces', and as having 'a motley character'. In this

samhita the distinction between the Mantra and the

Brahmana portions is not as clear as in the other Vedas.

4505

The Vajasaneyi Samhita, or the White Yajur-veda, was

communicated to the sage Yajasaneti Samhita by the sun-

god in his equine form. It has a much more methodical

arrangement and brings order and light, as opposed to the

confusion and darkness of the Black Yajur-veda.

For the above descriptions, learned author had

referred to the book “The Texts of the White Yajur-veda”,

1899 by Griffiths, R.T.H.

4115. To “Yajurveda”, in Sacred Scriptures of India

(supra), on page 207 it says that Yajurveda inspires humans to

walk on the path of Karma and that is why it is also referred to

as Karma-Veda. The essence of the Yajurveda lies in those

mantras (incantations) that inspire people to initiate action. It

further says that there are many branches of Yajurveda but two

branches, namely, Krishna and Shukla Yajurveda have gained

relatively more prominence, i.e., Krishna Yajurveda and Shukla

Yajurveda. Besides it, it says that Yajurveda was later on named

as “Taitareya Samhita”.

4116. Samveda is discussed in Hindu World (supra) Vol.

II at page 343 as under:

Sama-veda (c. 700-300 BC) (saman, 'melody'), the

third Veda. Its samhita or principal part is wholly metrical,

consisting of 1549 verses, of which only 75 are not

traceable to the Rig-veda. The stanzas are arranged in two

books or collections of verses.

The Sama-veda embodies the knowledge of melodies

and chants. The samhita of this Veda served as a textbook

for the priests who officiated at the Soma sacrifices. It

indicates the 'tunes' to which the sacred hymns are to be

4506

sung, by showing the prolongation, the repetition and

interpolation of syllables required in the singing. The

Sama-veda also contains a detailed account of the soma

rites. The hierophants associated with the Sama-veda are

known as the udgatri.

Many of the invocations in the Sama-veda are

addressed to Soma, some to Agni and some to Indra. The

mantra part of the Sama-veda is poor in literary quality

and historical interest, but the Brahmanas belonging to it

are important. Of the once numerous samhitas of the Sama-

veda (the Puranas speak of a thousand) only one has

reached us, in three recensions, namely: the Kauthama,

current in Gujarat, the Ranayaniya which survives in

Maharashtra, and the Jaiminiya in the Karnatic.

For the above descriptions, learned author had

referred to the books “The Samaveda”, Banaras, 1896 by

Griffith, R.T.H.(Ed.) and “The Samaveda”, 1843 by

Stevenson, J.

4117. “Samveda” has been discussed in Vol. 2 of Sacred

Scriptures of India (supra) on page 1 and onwards and it says

that the compilation of Richas (Shlokas) is known as Sama.

Sama is dependent on the Richas. The beauty of speech lied in

the Richas. The beauty of Richas lie in the sama and the beauty

of the same lies in the style of pronunciation and singing. The

knowledge of sama, therefore, is Samaveda. This refers to

Geeta-10/22 where Sri Krishna has stated the importance of

Samaveda in the following manner :

Vedamana Samavedo Asmi meaning “I am samaveda

myself amongst the Vedas.”

4507

4118. There are two parts of the Samaveda (1) Purvarchik

(2) Uttararchik. In between both of them is 'Mahanamnayarchik

which comprises of 10 incantations. There are four parts of

Purvarchika Aagneya, Aendra, Paavmaan and Aasanya.

4119. Atharvaveda is considered in Hindu World (supra)

Vol. I at page 94 as under:

Atharva-Veda, the fourth Veda, of whose origin

there has been much contentious speculation. It is also

referred to as the Brahma-veda because it served as the

manual of the chief sacrificial priests, the brahmins. A

great deal is said in the Atharva-veda hymns about the

brahmins and the honours due to them. One-sixth of the

work is not metrical, and about one-six of the hymns are

also found among the hymns of the Rig-veda, mostly in the

first, eight and tenth books. The rest of the subject matter is

peculiar to the Atharva-veda, This Veda was once current

in nine different redactions, of which only two, the

Pippalada and Sunaka recensions are extant, the former in

a single unpublished 'Tubingen manuscript' discovered by

Roth.

The Atharva-veda embodies the magical formulary of

ancient India, and much of it is devoted to spells,

incantations, chants and charms. In general the charms

and spells are divided into two classes; they are either

bheshajani, which are of medicinal, healing and peaceful

nature, dealing with cures and herbs for treating fever,

leprosy, jaundice, dropsy and other diseases; this class

includes prayers for successful childbirth, love spells,

charms for fecundity, for the recovery of virility, hymns for

4508

the birth of sons, and a quaint chant to put the household to

sleep while the lover steals into the girl's home at night. Or

else they belong to the abhichara class, which are of a

bewitching and malevolent nature; these include spells for

producing diseases and bringing ill-luck to enemies.

Among them is a spell that a woman may use against her

rival to make her remain a spinster; another spell is meant

to destroy a man's virility, and so forth. There are hymns to

serpents and demons, and incantations replete with

witchcraft, sorcery and black magic.

One of the reputed authors of the Atharva-veda was

the rishi Atharvan, of Maga of Persian ancestry. But

certain parts, especially the verses dealing with the rites of

sorcerers and wizards were attributed to the rishi Angiras,

of pre-Aryan, probably Dravidian stock. The hymns were

said to have been collected by Sumantu, a rishi of great

antiquity who bequeathed the material to Vyasa for

arranging.

The Atharva-veda is the most interesting of the sruti,

for it has preserved to a great extent a solid core of pre-

Aryan and non-Aryan tradition. It is unique among the

texts of Vedic period and 'an important source of

information regarding popular religious belief, not so far

modified by priestly religion.' It reveals in fact a vast

substratum of indigenous doctrine that is not only non-

Vedic but at times contra-Vedic.

Scholars trace Mesopotamian influences in the

Atharva-veda, among them Dr. Bhandarkar, who discerns

in it the magical lore of the Asuras. Others see evidence of

4509

Vratya and Maga Doctrines. The Vishnu Purana and the

Bhavishya Purana speak of the Angiras as one of the four

Vedas of the Magas. The foreign words occurring in the

Atharva-veda, which Tilak traced to Chaldea, may have

been only strange to Sanskrit, and may well have formed

part of the regular vocabulary of the Maga priests.

For centuries the Vedid Aryans held all practitioners

of astrology in disrepute and regarded them as 'unclean',

and excluded them from the sraddha rites. They also

ostracized from their social environment those who

followed the profession of physician. Both these sciences,

be it noted, were associated with the Magas, and are

prominent in the Atharva-veda. Some authorities claim that

this Veda represents the oldest stratum of Indian liturgy and

belief, and embodies the creeds of the pre-Aryans. It thus

constitutes a record of non-Aryan aboriginal or popular

religion before the arrival of the Aryans on the scene.

For long the Atharva-veda was not included among

the other three Vedas. Although the Vedas are now said to

be four in number this was not the originally recognized

number of the compilations. Max Muller held the view that

the original division of the Vedas was a threefold one. The

oldest records refer to only three Vedas, namely, the Rig,

Sama and Yajur. Manu speaks of these as the trayi (triad)

milked out from the fire, air, and sun, and the Atharva-veda

was not even acknowledged in his time. There is no

reference to it in the Chhandogya Upanishad; the

Brahmana texts mention only three Vedas; the Jatakas

know of only three.

4510

This would seem to indicate not that the Atharva-

veda was non-existent at the time the other Vedas were

composed, but that it did not for several centuries form

part of the sacred scriptures of the Aryans. Of its canonical

status today it has been said that 'influential scholars of

South India still deny the genuineness of the Atharva-veda'.

For the above descriptions, learned author had

referred to books “Some Aspects of Ancient Indian

Culture”, Madras, 1940 by Bhandarkar D.R., “The

Atharvaveda”, Strassburg, 1899 by Bloomfield M., “The

Hymns of the Atharvaveda”, Oxford, 1897 by Bloomfield

M., “The Hymns of the Atharvaveds”, Banaras, 1895-96 by

Griffith R.T.H. (Tr. & Ed.), “The Atharvavedic

Civilisation”, Nagpur, 1959 by Karambelkar V.W. and

“Atharvaveda”, Cambridge, Mass., 1905 by Whitney W.D.

& Lanman C.R. (Tr.).

4120. The fourth Veda “Atharvaveda” has been discussed

in Vol. 2 of Sacred Scriptures of India (supra) on page 25 and

onwards. The meaning of the word Atharveda (Atharva) is

devoid of movement or concentration. The word Tharva means

fickleness or movement and accordingly the word “Atharva”

means that which is unwavering, concentrated or unchanging.

That is why it is said :

Tharva Gati Karma Na Tharva Eti Atharva

4121. The philosophy of Yoga speaks that:

Yogash Chitta Vritti Nirodhah, which means

controlling the different impulses of the mind and senses

in Yoga. The Gita re-iterates that when the mind is free

from impulses and flaws, the mind becomes stable and the

4511

person becomes neutral when the impulses of the mind

and the other senses are in control, then only the mind is

freed from instability and purterbances. The word

“Atharva” therefore refers to neutrality of personality.

The Atharvaveda speaks more about Yoga, the human

physiology, different ailments, social structure,

spirituality, appreciation of natural beauty, national

religion, etc. This knowledge is practical and is worth

bringing in use.

4122. The Atharvaveda is a fusion of prose and poetry

together. A number of facts related to Ayurveda are seen here,

that is why Ayurveda is considered to be the Upaveda (Sub-

Veda) of this Veda.

4123. The idea of spiritual and symbolic interpretation of

Vedas is articulated in “Brahmana” and “Upnishad”. The term

"Upanisads" has also been explained on page 312 of Dictionary

of Hinduism (supra) and the relevant extract is as under:

"Upanisad(s) From upa, 'supplementary', 'additional', and

ni-sad 'to sit down near a teacher', from whom a pupil

received esoteric knowledge. But grammarians differ about

the meaning of the word, some defining it as 'tattvajnana',

the knowledge of reality; others as 'rahasya', secret

doctrine. The Upanisads themselves indicate that the

knowledge contained in them was esoteric and therefore to

be imparted only in secret. But most of the two hundred or

more so-called Upanisads contain neither esoteric doctrine

nor teaching imparted in secret. Of all these texts, whether

individual or part of a collection, only thirteen--or

fourteen, according to some authorities-- actually contain

4512

esoteric teaching. The remainder are late compositions

which mainly represent the views of Vaisnavas, Saivas and

Saktas. Winternitz divides them into six classes, which deal

with the following subjects respectively: 1. Vedanta

doctrine; 2. Yoga; 3. the ascetic life (sannyasa); 4. Visnu;

5. Siva; 6. other cults.

The dating of the thirteen (or fourteen) classical

Upanisads is conjectural, but internal evidence suggests

that they were composed between 700 and 300 B.C., some

of them revealing changes of style and views, and of

repeated revision. Their composition may be assigned to

three periods. Six belong to the earliest; six to the middle,

regarded as pre-Buddhist and pre-Panini; the last two to a

time shortly after the establishment of the Buddhist Order.

The first group consists of the Aitareya, Kausitaki,

Taittiriya, Brhad-Ar., Chan, and Kena; the second,

Kathaka, Svetasvatara, Maha-Narayana, Isa, Mundaka,

and Prasna; the third, Maitrayaniya and Mandukya. Those

of the first group resemble Brahmanas in language and

style, a simple, slightly clumsy prose, but by no means

lacking in beauty. Some of the second group are mainly

composed in verse, and unlike those of the first group,

reflect Samkhya and Yoga views, though their inclusion

may be the result of late recensions. Those of the third

group are definitely post-Vedic, both in language and

views.

The fourteen Upanisads, as well as other 'forest

compilations' called Aranyakas, were subsequently

attached to particular Brahmanas, which in turn were

4513

attached to a particular Veda. Thus the Brhad-Ar. Up.,

itself probably a collection of earlier compositions, was

attached to the Satapatha Brahmana, which was attached

to the White Yajurveda.

That the Aranyakas and Upanisads originated as a

reaction against the stereotyped views of professional

sacerdotalists can hardly be doubted. This is indicated by

ksatriyas being numbered among the composers or the

Upanisads, and also by the choice of forest retreats for the

discussion and teaching of esoteric doctrines. Once begun,

the speculative mood became general and resulted in the

formation of other groups opposed to brahminic

fundamentalism, such as the Carvakas, Jainas and

Buddhists. Even some priestly schools appear to have been

influenced and to have contributed to the final recension of

the earliest Upanisads, which may account for some of

their inconsistencies. The Upanisads have thus been

criticized adversely for some of their views and the use of

the false analogies. The explanation lies perhaps in the fact

that they are not a single co-ordinated collection but

separate compositions, the work of minds not always

equally well-equipped for the task.

Nonetheless, the fact remains that the Upanisads

generally present an objective view of the universe and a

rational approach to the problem of reality far in advance

even of the flashes of intuitive knowledge that illumine

occasional passages of the Vedas and Brahmanas. Thus the

expression 'as if' or 'as it were' (iva) in the Brhad-Ar. Up.

(II.4, 14), accords well with the modern scientific view that,

4514

despite the manifold appearances of the phenomenal world,

the entire universe, both known and as yet unknown,

essentially one.

'The practice of taking what is actually not an

Upanisad as an Upanisad appears to have been in

existence from the time of Panini' (Bhattacharyya,

Agamasastra of Gaudapada, P. xxxvi)."

4124. The term "Brahmana" is explained on page 166 of

Hindu World (supra) as under: -

Brahmana. Broadly speaking the post Rig-vedic

philosophy shows two trends, discernible in the Brahmanas

and in the Upanishads. Though belonging to the Vedas they

are considered apart from the Vedas, as they express

notions that have a character and quality of their own and

render them convenient for separate consideration.

The Brahmanas are theological manuals composed

by and for brahmins, and have been referred to as 'the

Hindu Talmud'. They were composed later than the

mantras, dating from about 600 BC, and are mainly

textbooks of ritual and prayer for the priests, serving as

commentaries on the Vedic hymns, describing in detail the

sacrificial ceremonial, and giving many curious

explanations both linguistic and legendary of the origin

and meaning of the rituals. They seem to codify the

ritualism of the aboriginal rather than the Aryan

priesthood, since it is inconceivable that their fantastic

ceremonies were ever put widely into execution, least of all

by the robust, unsophisticated Aryans of the Vedic age,

Written throughout in prose, they represent the oldest prose

4515

in any Indo-European language, although they do not have

great literary merit.

The Brahmanas stress the importance of prayer,

sacrifice, ritual, liturgy, formalism, textualism, and

emphasize the observance of caste and the asramas.

Sacrificial rites are regarded as all powerful, controlling

the processes of nature and even the gods. This led to an

elaborate formulary and to the domination by the brahmin

priesthood who conducted vast and elaborate rites and

attached cosmic significance to the smallest minutiae. Says

the Satpatha Brahmana, 'Verily there are two kinds of

gods; the gods themselves who are assuredly gods, and the

priests who have studied Vedic lore'

Professor B.K. Ghosh refers to the Brahmanas as 'an

arid desert of puerile speculations on religious ceremonies

marking the lowest ebb of Vedic culture' (IV, p. 225), while

Max Muller with unkind emphasis declared that one could

not read ten pages of the Brahmans without revulsion, and

that for pedantry and absurdity they could hardly be

matched anywhere. 'These words', said the great German

scholar, 'deserve to be studied as the physician studies the

twaddle of idiots and the ravings of madmen.'

Each of the Vedic samhitas has its Brahmanas, which

reflect as it were the character of the samhita with which

they are associated. The Brahmanas also often give the

name to the related Upanishad. The Rig'vedic Brahmanas

include; the Aitareya Brahmana (c. 600 BC) perhaps the

oldest of them all. Its author was Mahidasa the son of a

sudra mother. It deals principally with the great some

4516

sacrifies and the different ceremonies of royal

inauguration. The Kausitaki, also called the Sankhayana

or the Asvalayana Brahmana, contains much material

common to the Aitareya and treats of various sacrifices.

The Brahmanas of the Yajur-veda include; the

Taittirriya Bharmana of the Black Yajur-veda the origin of

which is linked with the name of the sage Yajnavalkya. The

satapatha Brahmana (Hundred-paths Brahmana),

belonging to the Vajasneyi samhita of the White Yajur-

veda, is an important source of information for sacrifical

ceremonies, theology and philosophy. Next to the Rig-veda

it is the most important work in Vedic literature, and is

ascribed to Yajnavalkya. It is found in two recensions,

namely, the Madhyamdina and the Kanva.

The Bhahmanas of the Sama-veda are eight in

number. Included among them are; the Prauda Brahmana,

consisting of twenty-five sections, hence also called the

Pancha-vimsa. It contains the famous vratya-stoma ritual

by which non-Aryan converts were admitted into the Aryan

fold. Shad-vimsa (Twenty sixth) Brahmana, so called

because it was added to the twenty-five sections of the

Prauda. The Sama-vidhana Brahmana, the third Brahmana

of the Sama-veda, devoted entirely to magic. It gives the

chants to be used for various spells. Tandya (or Tandaka),

the most important Brahmana of the Sama-veda, sometimes

confused with the Prauda. It is concerned with sacrifices in

general, and with particular rites like the Sattras, vratya-

stomes, and others. The Adbhuta Brahmana, a manual

treating of omens and auguries, marvels and miracles. It is

4517

sometimes regarded as part of the Shad-vimsa and is often

classed with it. The Chhandogya Brahmana, famous for the

Upanishad names after it.

The Atharva-veda has only one Brahmana, namely,

the Gopatha, a very late work composed largely of material

gathered from previous sources, including the Satapatha

and the Aitareya.

For the above descriptions, learned author had

referred to the books “Satapatha Brahmana”, Oxford,

1882-1900 by Eggeling J (Tr.), “The Rig-vedic

Brahmanas” Cambridge, Mass., 1920 by Keith A.B. (Tr.),

“The Brahmanas of the Vedas”, Madras, 1901 by Mac

Donald K.S., “The Vedic Age”, London, 1951 by

Majumdar R.C. and “Chips from a German Workshop”,

London, 1867 by Muller F. Max.

4125. Smrti: Its dictionary meaning is 'remembered',

'recalled'. In Hindu religion this term has been applied to the

whole corpus of sacred lore remembered and handed down by

traditions. It is thus distinguished from the truths of the Veda

which were heard (sruti) by the ancient risis but the term

denotes secondary works i.e. the one written in the subsequent

generation based on memory. They are considered to be

supplement to Vedas. They are on the subjects of Smrti, Smarta,

Sutra; Dharmasastras of Law books; “Itihasas” or legendary

poems and the Kavyas, Puranas and Niti-sastras.

4126. Smrti-Sutra: Any Sutra work based on Smrti is

called Smrti Sutra but principally such Sutras are concerned

with family and domestic rites.

4127. Dharmasastras: It is a general name of Law book

4518

or Code of Laws and widely known are the course of Manu,

Yajnavalkya, Apastamba, Gautama, Vasistha and Baudhayana.

4128. Itihasa: Dictionary of Hinduism (supra) says about

Itihasa on page 121 as under:

"Itihasa (-iti-ha-asa, 'so indeed it was') A class of

'literature' of a popular character, associated with another

class called 'purana' (not to be confused with the post-

Vedic Puranas). Both itihasas and proto-puranas were

current in the early Vedic period, but were apparently not

of sufficient importance to be generally included in the RV.,

though it appears to allude to some of them, and even to

include a complete story, i.e., the gambler's lament (RV.,

X.34). The earliest references to itihasa and proto-purana

occur in the AV. (XV. 6,4,et seq.) and to itihasa alone in the

Brhad-Ar. Up. (II.4, 10, etc.). The Chan. Up. (III. 4, 1, 2,

etc.) declares that itihasas and proto-puranas constitute a

fifth Veda, while the Sankhayana Srauta sutra (XVI.2.21,

27) regards them as two distinct Vedas, as does the SBr.

(XIII.4.3, 12-13). The Tait. Br. (II.9) also regards them as

two classes of literature."

4129. Puranas: Puranas means ancient. They are part of

Smriti (non Vedic Scriptures). Benjamin Walker in Hindu

World (supra) has dated Puranas composition between 6th

Century A.D. to 16th Century A.D. It is said that Puranas are

Veda of the common folk. There are said to be 18 great Puranas

i.e., Mahapuranas on which six relates to Lord Vishnu, six are

devoted to Lord Shiva and six to Lord Brahma. These

Mahapuranas have been narrated in brief in Hindu World

(supra) (page 255-257, Vol. -II) and it would be appropriate to

4519

reproduce the as under:

"THE SIX VISHNU PURANAS, sattvic in quality:(I) Vishnu Purana, consisting of 7,000 stanzas and

bearing all the 'lakshana' of the true Purana. Legend has it

that it was first communicated by Brahma to Ribhu, who

revealed it to the sage Pulastya and Pulastya passed it on

to the sage Parasara, who in turn made it known to his

disciple Maitreya, and the text takes the form of a dialogue

between Parasara and Maitreya. Its basic teaching is that

Vishnu is the creator, sustainer and controller of the world;

it is in him that the world exists as a harmonious system,

and in truth Vishnu is the world. This Purana is the most

perfect and best known of all the works of this class. It

gives much valuable information about the Maurya

dynasty.

(2) Narada Purana (or Naradiya Purana), of 3,000

stanzas, in which the sage Narada describes the essential

duties of man. Another related work, known as the Brihan,

'Great' Naradiya, consists of 3,500 verses. These Puranas

belong to the period after the Muhammadan conquest, and

do not bear the marks of a genuine Purana.

(3) Bhagvata Purana (or Srimad Bhagvatam), the most

celebrated of the Puranas, is a voluminous work of 18,000

stanzas in length, divided into twelve skandha or books.

The most popular part is the tenth book, which narrates the

life story of Bhagavata or Krishna, especially of his

boyhood. The Bhagvata Purana is written in the form of a

dialogue between a sage and a king. The latter is doomed

to die within a week for having unwittingly killed a holy

man, and to ensure his salvation he spends the week

4520

listening to the Bhagavata Purana. It lays great stress on

the doctrine of bhakti or faith, and makes the love of the

gopis (milkmaids with whom Krishna sported), symbolic of

spiritual devotion. The name of his favourite gopi, Radha,

does not appear in this Purana. Some authorities believe it

was written in South India, and it was once held to be the

work of the grammarian Vopadeva (c. AD 1250) friend of

Hemadri who flourished at the court of the raja of

Devagiri. A few authorities place it as early as AD 900.

The favourite tenth book of this Purana has been translated

into all the Indian languages.

(4) Garuda Purana, of which there are several versions,

although it is doubtful if a genuine original version is in

existence. It is named after Garuda the vulture vehicle of

Vishnu, but there is nothing in its contents to justify the

name. It deals with the rites held over the dying, the death

moment, the funeral ceremonies, the ritual building up of a

new body for the preta or deceased, the judgment, the

various after-death states till rebirth. It also deals with sun-

worship and astrology and is probably Indo-Zoroastrian in

origin.

(5) Padma Purana, an extensive work, divided into six

books, which tells of the time when the world was a golden

lotus (padma), and goes on to describe the Creation, and

the spheres of earth, heaven and the underworld. To this a

supplementary book on Devotion has been added. The

whole work dates no earlier than about AD 1100.

(6) Varaha Purana, has about 10,000 stanzas, and is not

older than AD 1000. It was revealed by Vishnu to Varaha

4521

(the Boar).

THE SIX SIVA PURANAS, tamasic in quality:

(1) Matsya Purana, bears some of the marks of the

genuine Purana. A heterogeneous mixture, borrowing much

from the Vishnu and Padma Puranas, and from the

Mahabharata. It was related to Manu by Vishnu in the form

of a fish (matsya). It contains some information about the

Andhra dynasty.

(2) Kurma Purana, dated about AD 900. Vishnu as a

tortoise (kurma) explains the purpose of life. It glorifies the

worship of Siva and Durga.

(3) Linga Purana, dated about AD 700. In this work Siva

explains the meaning of virtue, wealth, pleasure and

liberation, and the spiritual significance of the linga

(phallus). It is largely ritualistic.

(4) Vayu Purana, the oldest of the Puranas dated about

AD 500. It is devoted to Siva and his many attributes, and

contains material about the sacredness of Gaya. A

variation of the Vayu, known as the Siva Purana, gives

information about the reign of Chandragupta I.

(5) Purana (c. AD 550), related by Skanda, god of war.

The longest of the Puranas it is said to consist of over

80,000 stanzas, although it does not exist in composite

form, but only in fragments. Such, for example, is the Kasi

Khanda, describing Banaras and the Saivite temples there,

and the Utkala Khanda, giving an account of Orissa.

(6) Agni Purana (c. tenth century AD), also called the

Agneya Purana, was originally communicated by Agni, god

of fire, to the rishi Vasishtha. It is an encyclopaedic

4522

compilation containing, besides some original material,

many extracts from other works, relating to ritual worship,

cosmology, dynastic chronology, the art of war, and a

section on law taken from Yajnavalkya, a chapter on

medicine taken from Susruta, and selections from Pingala

and Panini on grammar, rhetoric and prosody.

THE SIX BRAMHA PURANAS, rajasic in quality:

(1) Brahma Purana (c. AD 1300), also called the Adi

Purana or first Purana, since it generally stands first in all

the lists of Puranas. It is also known as the Saura Purana

because it is devoted to Surya and sun-god. It was

revealed by Brahma to the sage Marichi. Apart from

sections devoted to the cosmologies, ritual worship,

descriptions of the temples of Orissa and so on, it

promulgates the worship of Krishna as Jagannatha (partly

taken from the Vishnu Purana). The last part, known as the

Brahmottara Purana is of a later date, and celebrates the

sanctity of Balaja river.

(2) Brahmanda Purana, expounds the magnificence of

egg (anda) of Brahma, and describes the future aeons. Like

the Skanda Purana this does not exist as a composite work,

but only in parts and fragments. The popular Adhyatma

Ramayana is one such part of this Purana. The authorship

of the Adhyatma Ramayana is ascribed to Vyasa, and in it

Rama is described as a saviour god and a deliverer rather

than a mortal hero.

(3) Brahma-Vaivasvata Purana (or Brahma-Vaivarta),

related by Manu Savarna, son of Vivasvat, to the rishi

Narada. It is of comparatively late date, and enjoins the

4523

worship of Krishna and Radha, making this couple

husband and wife so that their love is not adulterous but

conjugal.

(4) Markandeya Purana (c. AD 900), quite different in

tone from all the other Puranas. It is related by the sage

Markandeya and is heard by certain fabulous birds who

are versed in the Vedas. These birds repeat it to the sage

Jaimini. It has little to do with sect, ceremonial, or worship

of Brahma as such, but is a succession of legends, secular

in tone, recommending no particular doctrine, and

consisting mainly of original compositions, superior to the

Puranas in general. An episode of this Purana the Durga

Mahatmya (variously called Devi Mahatmya, Chandipatha,

Chandi Saptasati) is older in date (c. AD 700) than the rest.

It is a poem of seven hundred verses in thirteen chapters,

devoted to the glorification Sakti as mother-goddess, who

descends to earth from time to time to rid the world of

demons and monsters. This section is recited at many

Hindu religious functions.

(5) Bhavishya Purana, the title, meaning 'future' Purana,

seems to have been arbitrarily bestowed. It is mainly a

handbook of rites and ceremonies, for the greater part very

unpuranic in character and content.

(6) Vamana Purana (c. AD 1500), contains an account of

a dwarf (Vamana) incarnation of Vishnu. It divides its

homage between Siva and Vishnu."

4130. Besides above, there are certain lesser Puranas

called Up-Puranas some of which are listed in Hindu World

(supra) Vol. II page 257 as under:

4524

"The eighteen lesser Puranas, called the Upa-

Puranas are variously listed, but usually drawn from the

following:(1) Aditya, (2) Ascharya, (3) Ausanasa (from

Usanas), (4) Bhaskara (or Surya), (5) Devi, (6) Devi-

Bhagavata, a Saiva Purana, sometimes listed with the great

Puranas, (7) Durvasasa, (8) Kalika (c. AD 1350), a Sakta

text, the source of much Tantrik material (see human

sacrifice), (9) kalki, (10) Kapila, (11) Mahesvara, (12)

Manava, (13) Marichi, (14) Nandikesvara, (15) Narada or

Vrihan, (16) Narasimha, (17) Parasara, (18) Samba, (19)

Sanathkumara, (20) Sivadharma, (21) Surya or Bhaskara,

(22) Suta-samhita, a devotional Purana, Like the

Bhagavata, but devoted to Siva, (23) Usanas or Ausanasa,

(24) Varuna, (25) Vaya, (26) Vrihan (see Narada), (27)

Yuga."

4131. It is said that Vedangas are the limbs of Vedas and

treated as auxiliary to and in some sense as part of Veda. In

Dictionary of Hinduism (supra) on page 329 it says about

Vedangas as under:

"Vedanga(s) Lit. 'limbs' (angas) of the Veda, comprising

six treatises 'regarded as auxiliary to, and even in some

sense, as part of the Veda'. Their original purpose was to

ensure that each part of the sacrificial ceremonies was

correctly performed.

The process of ritual development must have been

gradual, so that the formulation of the Vedangas may be

assigned to a period between that of the later Brahmanas

and the early Sutras, the latter being the style used for the

Vedangas. The Vedangas deal specifically with the

4525

following six subjects; Siksa, correct pronunciation;

Chandas, metre; Nirukta, etymology; Vyakarana,

grammar; Jyotisa, astronomy; and Kalpa, ceremonial, i.e.,

the general rules governing sacrificial ceremonies."

4132. Siksa has been explained on page 277 of Dictionary

of Hinduism (supra) which is as under:

"Siksa One of the six vedangas or sets of rules governing

the performance of the sacrifice. Siksa was a sophisticated

system of phonetics which included the correct value of

each letter, its accent and quantity, and the proper method

of articulation, so as to ensure correct pronunciation

(pratisakhya) especially in the recital of sacred passages of

the Vedas."

4133. Chandas has been explained on page 61 and 62 of

Dictionary of Hinduism (supra) and reads as under:

"Chandas 'Metre.' The name of one of the six Vedangas,

which lays down rules intended to ensure the correct

performance of sacrificial procedure, and especially of the

use of the appropriate metre in the chants. In Indian

prosody chandas denotes a succession of poetical feet

(padas) arranged in regular order, according to certain

types recognised as standards, in verses of a particular

length. A metre may consist of long or short syllables,

ranging from a minimum of four to a maximum of twelve.

Next to language, metre is significant in determining

the age of the Vedic hymns, their metres indicating the gap

that exists between them and those of classical Sanskrit

poetry, the latter retaining little trace of the numerous

metres of the Veda. On the other hand, classical Sanskrit

4526

poetry has metres having no prototype in the Veda.

In the oldest Indian metre only the number of

syllables is fixed, their quantity or measure being only

partially determined, the last syllable of each line being a

syllaba anceps, i.e., either a short or long syllable

regardless of the metre of the syllables preceding it. Vedic

verses are generally composed of lines of eight, eleven or

twelve syllables, but only the last four (or five) have a fixed

rhythm. Originally the most popular metre was the gayatri,

after which the gayatri mantra (RV., III. 62, 10) is named,

which is repeated by every devout Hindu at his morning

and evening devotions. Its regular form consists of three

lines each of eight syllables. Contemporary with it was the

anustubh (from which derived the sloka), consisting of four

lines, also of eight syllables each, subsequently the most

popular metre for Epic poetry.

The eleven-syllabled line has a caesura or pause

after the fourth or fifth syllable. The tristubh metre consists

of four such lines. The twelve-syllabled line is called jagati,

and except for its additional syllable follows the same

pattern as the tristubh. Another metre, the dvipada-viraj,

only occasionally used, consists of four or eight five-

syllabled lines. A distinctive feature of Vedic verse is that

two or more metres may occur in a single hymn, as in RV.,

VII. 54, where the metre of the first verse is gayatri, that of

verses 2-4 uparistabrhati, and that of verses 5-8 anustubh.

Metre has always been regarded by Hindus as of the

utmost importance. This is indicated 'by the excessive

cultivation and elaboration bestowed upon their whole

4527

metrical system', some of the most sacred metres vere

personified. Nonetheless, it was not until the second

century B.C. that a treatise (Vedanga) dealing with both

Prakrit and Sanskrit metres appeared, or at least it is the

earliest to have survived. This Vedanga called the

Chandah-sastra, is ascribed to Pingala (or Pingalanaga).

Though metre is an important aid in repeating

passages from the Veda it is not the only one. In his

introduction to the first hymn of the RV. Sayana states that

not only should anyone repeating a Vedic hymn know the

name of the rsi to whom it was revealed, and the name of

the god to whom it was addressed, but also be aware both

of the proper accents to be used and of the correct

interpretation of the mantras. Anyone not knowing these

things and attempting to repeat a portion of the Veda is

called a mantra-thorn (mantra-kantaka) whose ignorance

will assuredly cancel or obstruct the efficacy of its recital.

Injuries can be caused by a particular use of the

metres (Kaus, Br., X15). Also certain metres are connected

with the attainment of power, splendour, etc. (XVII.2). Even

the gods used the metres to reach the heavenly world and

thus by the metres the sacrificer too is enabled to reach

heaven (Ait. Br., 1.9)."

4134. Nirukta has been explained on page 210,

Dictionary of Hinduism (supra) as under:

"Nirukta 'Explanation or etymological interpretation of a

word.' The name of several works, especially of a

Commentary on the Nighantu by Yaska. The Nighantu is a

list of Vedic words handed down by tradition, which with

4528

the Nirukta is the oldest surviving Indian treatise on

etymology, philology and semantics.

Subsequently, the Nirukta led to the systematic

development of etymology and was included among the list

of vidyas or sciences."

4135. Kalpa has been explained on page 139, Dictionary

of Hinduism (supra) and says as under:

"Kalpa I. 'A fabulous period of time, a day of Brahma, or

1,000 yugas, a period of four thousand, three hundred and

twenty millions of years of mortals, measuring the duration

of the world.'

Another Pauranic system divides a kalpa into

fourteen periods called manvantaras, each containing

seventy-one mahayugas and totalling 994 (14x71)

mahayugas. The remaining six, required to make up the

number of 1,000 mahayugas, are distributed amongst the

manvantaras as follows: one krtayuga, 0.4 of a mahayuga,

precedes the first manvantara as a dawn or introductory

period. This manvantara and each of the remaining

thirteen are followed by another krtayuga or twilight

period. Thus the one 'dawn' and fourteen 'twilights'

=15x0.4=6 mahayugas, which with the 994 referred to

above total 1,000 mahayugas or one kalpa. But some

Puranas refer to a 'night of Brahma' and others to a 'night

and day of Brahma', to denote immense periods of time.

Thus a hundred 'days and nights of Brahma' are considered

to constitute the entire span of his existence. This is the

longest period in the Hindu time-scale, and is called a

para, half of which, a paradha, had elapsed when the

4529

present kalpa began. But in theory kalpas succeed one

another ad infinitum."

4136. Jyotisa has been explained on page 130 and 131,

Dictionary of Hinduism (supra) as under:

"Jyotisa One of six Vedangas. In a general sense it denotes

the science of astronomy, but in sacrificial ritual it refers to

the Vedic calendar by which the most auspicious day for

the performance of a particular sacrifice is fixed.

Subsequently such calendrial decisions became a feature of

astrology, so that no important undertakings such as

marriage, building a house, etc., were made without

reference to calendrial omens.

Though there is no Vedic text on the subject, there is

ample evidence in the Vedas of a knowledge of the stars.

The RV. lists a number of them and divides the year of 360

days (savana) into twelve months. The 'moon of later birth'

(Rv., 1.25, 8) is probably an allusion to an intercalary

thirteenth or supplementary month of the luni-solar year,

but other passages lack any precise astronomical

knowledge. A notable effort to remedy this deficiency is

apparent in particular passages of the Aranyakas and

Upanisads, which attempt to interpret the world

objectively, and to establish the relations of similarity,

identity and interdependence, for which the word 'iva' (as

if, or as it were) is used. Although these attempts were an

advance on earlier cosmological views, they were mainly

speculative. It was not until the appearance of the

Jyotisavedanga (Treatise on astronomy), compiled between

300 and 200 B.C., that the subject made use of the

4530

mathematics gradually being evolved. Though failing to

produce a sophisticated stellar theory, the Jyotisavedanga

provided a basis for the subsequent five astronomical

treatises called Siddhantas, of which the only surviving one

is the Suryua Siddhanta (Explanation or Solution of the

Sun). But its scope was limited by attempts to reconcile the

temporal aspect of recurring cosmic cycles with the

mythical unit of time called 'a day of Brahma', equivalent

to a calendar year. The latter was divided into 10,800

'moments', the number of metrical divisions in the RV., each

of which consists of forty syllables, the whole totalling

432,000 syllables.

At the end of the Great Cosmic Cycle, all the stars,

having completed revolutions over a period of 4,320,000

years, were thought to return to their original positions. To

support the authenticity of this grand total, it was subjected

to the following analysis. This begins with the number 108,

i.e., the product of the four phases of the moon and twenty-

seven naksatras (luner asterisms); the second, the product

of the sixteen theoretical parts of the lunar disc, and

twenty-seven lunar phases, totalling 432; and finally the

product of the lunar years, which is 12,000 divine years,

equivalent to 360 calendar years, each of 360 days, making

a grand total of 4,320,000. The assumption that these

figures solved all astronomical problems led to greater

attention being devoted to astrology. But some amends

were made later when the Surya Siddhanta was re-written

and established as the basic handbook of Indian astronomy.

About this time (A.D. 499) the astronomer Aryabhata

4531

produced his great work the Aryabhatiya which mentions

the rotation of the earth and develops the theory of

epicycles. The end of the sixth century marks the birth of

the astronomer Al-Biruni, considered to be the most

accomplished of Indian astronomers despite his refusal to

accept Aryabhata's theory of the rotation of the earth.

Before the introduction of the signs of the zodiac,

solar months were called by the names corresponding to

luner months, and subsequently by the zodiacal sign in

which the sun appeared. Owing to differences in the length

of lunar months and days and variations in the precession

of the equinoxes it became necessary to make adjustments

to reconcile them with the months and signs of the zodiac.

This reconciliation was achieved in the Siddhanta period

when the week of seven days was introduced, each named

after a planet. The months followed the Greek zodiacal

order but with Indian designations. This arrangement

involved changing the three Vedic seasons to six, each

consisting of two months viz:

Vasanta (Spring) caitra (March-April) vaisakha (April-May)

Grisma (Hot season) jyaistha (May-June)

asadha (June-July)

Versa (Rainy season) sravana (July-August)

bhadrapada(August-

September)

Sarad (Autumn) asvina (September-October)

karttika (October-November)

Hemanta (Winter) margasirsa(November-

December)

4532

pausa (December-January)

Sisira (Frosty season) magha (January-February)

phalguna (February-March)

Astrology has always been closely associated with

astronomy in India as is indicated in the works of

astronomers referred to above. in addition Varahamihira

(sixth cent. A.D.), author of several astronomical treatises,

who also wrote on astrology and divination, the most

important being the Brhat-samhita (Great Compendium),

which describes the motions and conjunctions of celestial

bodies and their divinatory significance. He also wrote two

books on purely horoscopic astrology, in which he

introduced many Greek astrological terms, including hora,

the hour of birth.

The subsequent Moslem invasions and contacts with

Arab science influenced Indian astronomy in the medieval

period, Bhaskara (twelfth century) being one of its most

noted exponents."

4137. Then comes Vedanta, i.e., the end of the Veda, i.e.,

the complete knowledge of Veda. It is explained on page 329 to

330, Dictionary of Hinduism (supra) as under:

"Vedanta 'End of Veda'. i.e., the complete knowledge of the

Veda. It is not an appendage to any particular portion of

the Veda as were the Brahmanas, but a re-interpretation of

its basic truths in the light of aupanisadic revelation. The

Vedanta is thus associated with the Uttara-Mimamsa

'upper or later examination', regarded as one of the six

Hindu darsanas which represented the 'views' of particular

religious groups, and is distinguished from the Purva-

4533

Mimamsa, the conservative and fundamentalist appraisal

of the original parts of the Veda. The Vedanta views, unlike

those of the other darsanas, were not initiated by a

particular teacher, but were derived from the teaching of

the Upanisads. As these presented both a doctrine of pure

monism (advaita) and that of a modified dualism (dvaita),

the expositions differ. It was not until Badarayana

produced his Brahma-sutras (between A.D. 200 and 450)

that particular Vedanta views were systematically

presented. Despite the lack of indisputable evidence, it is

probable that the aupanisadic notion of the atman was

current in the sixth century B.C., as is suggested by the

Buddhist anatta (Skt. anatman) non-atman doctrine, which

by the second century A.D. had become the sunyavada of

the Mahayana Buddhists."

4138. The term "Aranyakas" has also been explained on

page 17, Dictionary of Hinduism (supra) and the relevant

extract is as under:

"Aranyaka(s) 'Forest texts.' these are essentially sacred

esoteric writings which form the core of the Upanisads.

They were considered to be 'of a secret uncanny character,

and spelt danger to the uninitiated', being intended only for

those brahmanas and ksatriyas who had renounced the

world and retired to forest solitudes."

4139. Contemporary Literature of other religion

namely, Buddhist, Jain etc.: Some literature of Buddhist and

Jain religious scholars of the contemporary period referring to

historical events is also available giving information about

social, political and other aspects and they are also treated to be

4534

a relevant source.

4140. Biographies: It is another literary source of history.

Certain writer's took the life of their royal patrons as theme of

their literary works. Though this kind of work may not be

recorded as a genuine history, yet they contain valuable

historical information of contemporary era. Their object was

glorification of king rather than to give a true picture of his life

and times, and mostly they were conceived by their authors not

as historical texts but primarily as medium for showing their

literary skill and ingenuity. Among this category are:

"Banabhatta, that great master of Sanskrit prose,

wrote the Harsha-charita (life of the emperor Harsha), and

two poets, Vakpati and Bilhana, described the exploits of

Yasovarman and Vikramaditya (of the later Chalukya

dynasty) in two epics, the Gaudavaho and the Vikramanka-

deva charita. We have also a curious poetical work, the

Rama-charita, in which the author uses throughout verses

of double entendre, which, taken one way, describe the

story of the Ramayana, and taken the other way, recount

the story of king Ramapala of Bengal.

Among other biographical works may be mentioned

the Kumarapala-charita of Jayasimha, Kumarapala-

charita or Dvyasraya-kavya of Hemachandra, Hammira-

kavya of Nayachandra, Navasahasanka-charita of

Padmagupta, Bhojaprabandha by Ballala, Prithviraja-

charita of Chand Bardai and Prithviraja-vijaya

(fragmentary) by an anonymous writer."

(Vedic Age-Vol 1-Majumdar 1996, Page 49)

4141. Local Chronicles: These are not available from very

4535

ancient time but it appears from the history books that there

were certain local chronicle in different parts of India like

Rajatarangini etc.

4142. Rajatarangini: It is a history of Kashmir written

throughout in verse by Kalhana sometimes in 1149-50 AD.

4143. There were certain chronicles of Gujarat like, Ras-

Mala, Kritikaumudi of Somesvara, Sukrita-samkirtana of

Arisimha, Prabandha-Chintamani by Merutunga, Prabandha-

kosa by Rajasekhara, Hammira-mada-mardana and Vastupala-

Tejahpala-prasasti of Jayasimha, Sukritakirti-kallolini of

Udayaprabha, Vasantavilasa of Balachandra, etc. It is said that

some chronicles were published in respect to Sindh and Nepal

also.

4144. Archaeology: The expert witness (Archaeology),

Dr. Jaya Menon, PW 29 has also stated about “archaeology”, its

meaning, scope etc. At page 29 of the statement in cross-

examination by the learned counsel for defendant no.20 (Suit-4)

giving the meaning of “archaeology” she stated:

"Archaeology is a discipline in order to understand the past

through excavation and seeks to understand the material

that is uncovered during excavation. It is correct that the

term, "Archaeology" is derived from Greek and "archaeos"

means old. Logos means study. To me, Archaeology means

much more than a systematic study of antiquities only. The

difference between History and Archaeology is that the

History is a study of past on the basis of written evidence,

whereas the Archaeology signifies a study of material

evidence. It is not correct to say that in India, History is the

mother of Archaeology. In fact, the two subjects are entirely

4536

different disciplines based on different sources. In India,

the history of Archaeology dates back to two million years.

I studied this fact in a book titled as, “ The Rise of

Civilisation in India and Pakistan”, authored by Allchin

and Allchin. The said book was published in the year 1983.

It was published by the Publishers, “Select Book Service

Syndicate”. The basic aim of Archaeology is to understand

the human past. It is true that the Archaeology is a subject

to understand the changes and development of nature and

humanity.”

4145. Further at page 61, P.W.29 states:

“The Archaeological history of human beings can be

divided into palaeolithic, mesolithic, neolithic, chalcolithic

and Iron Age.”

4146. Inscriptions:The engraved information on stones,

metal has been found to be a source of the highest value for the

reconstruction of the political history of the ancient India. They

are free from the process of tampering to which books and other

documents written on perishable material are liable. The

historians appeared before us unanimously agreed that the

inscriptions as historical evidence take precedence over the

mass of Literature, as age of most of the texts is uncertain and

they all must have undergone considerable modifications in the

course of being preserved in copies through hundreds of years.

4147. Numismatics: The study of coins is called

numismatics.

4148. Monuments: The remains of buildings, statues,

decoratives, fragments, potteries and other objects of

miscellaneous character is also relevant in tracing the history

4537

and evolution.

4149. This brief discussion was only to give some idea

about the sources of history, ancient India's Vedic and religious

literature etc. However, there is a lot of controversy on the

historicity of the above vedic literature in one or the other way.

This we shall discuss a little after.

4150. Whether Lord Rama was borne and was a

personality in history, as a matter of act cannot be investigated

in a Court of Law for more than one reason. According to the

faith and belief of Hindu people, the period when Lord Rama

was there, ranges from several thousand of years to lacs and

crores of years. One thing which has been accepted and

admitted almost universally and before us also that it is the faith

of Hindu people that Lord Rama was incarnation of Lord Vishnu

and was borne at Ayodhya. The identity of Ayodhya though it is

said to be a city of much antiquity with the birth of Lord Rama

but is mainly connected and known with Lord Rama.

4151. The witnesses on behalf of the Hindu parties and in

particular OPW 16, Jagadguru Ramanandacharya Swami Ram

Bhadracharya; DW 3/18, Sri Acharya Mahant Bansidhar Das

alias Uriya Baba; DW 3/13, Mahant Ram Subhag Shashtri; DW

3/20, Mahant Raja Ramchandracharya; DW 3/14, Jagad Guru

Ramanandacharya Swami Haryacharya; DW 2/1-3, Mahant

Ram Vilas Das Vedanti; DW 20/2, Swami Avimukteshwaranand

Saraswati and few others propagating in detail about Hindu faith

on worship of Lord Rama said that he was born thousands and

lacs of years ago and, therefore, to ask for a positive evidence as

contemplated in an enactment by the British Parliament laying

down the procedure of evidence which has continued by virtue

4538

of Article 372 of Constitution would be not only a futile attempt

but is against all the canons of the principles of law which

would have been applicable in such matters. It is suggested that

nobody can dare to ask such questions for the such pious and

reverence beliefs in other religions like Jesus Christ, Prophet

Mohammad Saheb etc. then where is the question of asking such

an evidence in the matter of a religious faith and belief, which is

not a few hundred years old but travels in the history of several

thousands years. They tried to explain the system of timings of

four yugas as contemplated in Vedic texts and which has been

mentioned in detail in Shanti Parva (231.21-22) (Mahabharat) as

under:

“The rishis, measuring time, have given articular

names to particular portions [of time]. Five and ten winks

of the eye made what is called a Kastha. Thirty Kasthas

made what is called a Kala. Thirty Kalas, with the tenth

part of a Kala, made a Muhurta. Thirty Muhurtas made

one day and night. Thirty days and nights form a month,

and twelve months form a year. Persons well-read in

mathematical science say that a year is made up of two

solar motions, meaning the northern and southern. The sun

makes the day and night for men. The night is for the sleep

of all living creatures, and the day is for work. A month of

human beings is equal to a day and night of the departed

manes [ancestors who have gone on to the subtle worlds].

That division consists in this: the light half of the month is

their day which is for work; and the dark fortnight is their

night for sleep. A year (of men) is equal to a day and night

to the gods [devas or celestials]. This division consists in

4539

this: the half year for which the sun travels from the vernal

to the autumnal equinox is the day of the gods, and the half

year for which the sun moves from the latter to the former

is their night. [Thus, an earth year is but a day for the

devas.] Calculating by the days and nights of human

beings about which I have told you, I shall speak of the day

and night of Brahma and his years also. I shall, in their

order, tell you the number of years, that are for different

purposes calculated differently, in the Krita, the Treta, the

Dvapara, and the Kali Yugas. Four thousand celestial

years is the duration of the first or Krita age. The morning

of that cycle consists of four hundred years and its evening

is of four hundred years. [Note: This says celestial years,

or years of the demigods on the higher planets. Such years

are much longer than those of planet earth. So 4000

celestial years, with the morning or Sandhya of 400

celestial years and the evening or Sandhyansa, or

intermediate period, of another 400 years, equals 4800

celestial years or 1,728,000 human years.]

“Regarding the other cycles, the duration of each

gradually decreases by a quarter in respect of both the

principal period with the minor portion and the conjoining

portion itself. These periods always keep up the never-

ending and eternal worlds. They who know Brahma, O

child, regard this as Immutable Brahma.” (Mb, Shanti

Parva, Chap.231, Text 21-22)

This means that as each age appears, from the Krita,

Treta, Dvapara to Kali, each Yuga decreases by a quarter

of the previous Yuga, in addition to the conjoining Sandhya

4540

and Sandhyansa periods with each Yuga. In this way, it is

roughly calculated that a whole cycle of the four yugas,

namely Krita, Treta, Dvapara and Kali-yuga together, total

about 12,000 celestial years in length.

The Mahabharata (Santi Parva,231.29-32)

continues: “The learned say that these 12,000 celestial

years form what is called a cycle. A thousand such cycles

form a single day of Brahma. The same is the duration of

Brahma's night. With the beginning of Brahma's day the

universal entities come into being. During the period of

universal dissolution the Creator sleeps in Yoga-

meditation. When the period of sleep expires, He awakes.

What is Brahma's day covers a thousand such cycles. His

night also covers a thousand similar cycles. They who

know that are said to know the day and the night. On the

expiry of His night, Brahma, waking up, modifies the

indestructible intelligence by causing it to be overlaid with

ignorance. He then causes Consciousness to spring up,

whence it originates Mind which is at one with the

Manifest.”

4152. There is some confusion on account of a little

difference in Puranas. One calculate the time as contemplated in

Vedic texts in terms of the years in accordance with present

system and this is why the time results in lots of inaccuracy. In

Vedic literature, the time is described in celestial years, or years

of the devas, not according to the time we experience and

calculate on earth:

“In calculating the duration of the different yugas,

there are a few differences between the Puranas. The

4541

Brahmanada Purana (1.2.29.31-34) specifically states that

Krita or Santya-yuga is 1,440,000 human years in length,

Treta-yuga is 1,080,000 years, Dvapra-yuga is 720,000

years, and Kali-yuga is 360,000 years in length. The Linga

Purana (4.24-35) also agrees with this except for Treta-

yuga, which it says is 1,800,000 years in length.

However, when explaining the various measurements

of time, the Vishnu Purana (Book One, Chapter Three) and

the Srimad-Bhagavatam (3.11.19), along with the

Bhagavad-gita (8.17) and the Vayu Purana (Chapter 57)

and others, such as the Mahabharata as quoted above, the

measurements of the durations of the Yugas, stands

explained.

In the explanations of the measurements of time

found therein, one cycle of the four yugas together is

12,000 years of the demigods, called divine years. Each of

these years is composed of 360 days, and each of their days

is equal to one human year. So Krita-yuga is 4000 divine

years in length, Treta-yuga is 3000 divine years in length,

Dvapara-yuga is 2000 divine years in length, and Kali-

yuga is 1000 divine years long, with the addition of the

conjoining portions of the Sandhya and Sandhyansa.

In this way, each yuga is preceded by a period called

a Sandhya, which is as many hundred years in length as

there are thousands of years in that particular yuga. Each

yuga is also followed by a period of time kinwn as a

Sandhyansa, which is also as many hundreds of years in

length as there are thousands of years in the yuga. In

between these periods of time is the actual yuga. Therefore,

4542

we have:

Krita-yuga = 4000 divine years, Sandhya = 400

divine years, Sandhyansa = 400 divine years. Total = 4800

divine years X 360 days = 1,728,000 human years.

Treta-yuga = 3000 divine years, Sandhya = 300

divine years, Sandhyansa = 300 divine years. Total = 3600

divine years X 360 days = 1,296,000 human years.

Dvapara-yuga = 2000 divine years, Sandhya = 200

divine years, Sandhyansa = 200 divine years. Total = 2400

divine years X 360 days = 864,000 human years.

Kali-yuga = 1000 divine years, Sandhya = 100

divine years, Sandhyansa = 100 divine years. Total = 1200

divine years X 360 days = 432,000 human years.

This equals 4,320,000 human years in one cycle of

the four yugas together, and 1000 cycles of these yugas

equals 12,000 divine years and 4,320,000,000 human years

in a day of Brahma.

It is also explained that Kali-yuga began with the

disappearance of Lord Krishna from the planet. This has

been calculated to be 3102 B.C.. Since Kali-yuga is

described as being 432,000 earth years in length, with

5,000 years and more already passed, then the age of Kali-

yuga has approximately 426,000 more years to go.”

4153. Taking note of this kind of calculation, our attention

is drawn to Exhibit 36 (Suit-5) (Register 32 Page 7 to 113)

which is an extract photocopy of the book “Itihas Darpan” Vol.

III December 1996 published by Bhartiya Itihas Sankalan Yojna

Samiti, Delhi, which contains its frontispiece and pages 1 to 74.

Its first chapter is “The Age and Size of Universe as per Hindu

4543

Calculations”. Apparently, the concept of time and period

appears to be exaggerated and may not be relevant for the

dispute but in substance it has some connection with the issues

in hands and will reflect on what the Court is required to do

while considering such issues without appreciating the antiquity,

magnanimity and the lack of appropriate knowledge on this

aspect on the part of the people in presenti to explain the real

concept, may be on account of loss of ancient record in original

etc. or the material having disappeared with time. Some part of

the calculation of learned author would be a matter of interest

and may also reflect what these religious personalities have said

is not something which can be brushed aside easily. It says:

"Professor Arthur Holmes in this masterly work The

Age of the Earth opines "Long before it became a scientific

aspiration to estimate the age of the earth, many elaborate

systems of the world chronology had been devised by the

sages of antiquity. The most remarkable of these occult

timescales is that of the ancient Hindus, whose astonishing

concept of the earth's duration has been traced back to

Manusmriti, a sacred book. According to this compilation

of law and wisdom, the whole past and future of the world

is but a day in the eternal life of Brahma – a day of four

thousand three hundred and twenty million years,

throughout which finite beings are created out of Infinite.

The day of Brahma is divided into fourteen great cycles,

each lasting 30,34,43000 years, together with when

Brahma's night begins the finite is destined once more to

merge into infinite. At present the world is in the seventh of

these cycles and according to the Hindu calender recorded

4544

in the Vishnu Purana it is now (A.D. 1947) 107,29,49048

years since the earth came into existence. By a curious

coincidence this characteristically precise assessment is of

the same order as the two thousand million years which

has recently been the most favoured estimate for the age of

the expanding universe."

Since the introduction of the theory of Relativity by

Prof. Elbert Einstein, the concepts regarding the universe

have been revolutionised. According to Einstein the space,

time and matter all are relative. There is nothing which

could be called Absolute. Time and space could not be

separated. The astronomer looking through his telescope is

looking both outward in space and backward in time, for

the light reaching the earth from the states is not of today

but of million of years back. We are looking at them in their

form when the light left them so many millions of years

back and it is quite possible that some of these stars might

have ceased their existence at present. Therefore, Einstein

described the Universe as a space time continuum having

four dimensions-three of space and one of time. Einstein

had shown that the properties of space-time continuum are

disturbed wherever there is matter and motion. A star, a

comet or a galaxy, says Licoln Barnett, a noted physicist

distorts the geometry of the space-time through which it

moves, just as a fish swimming in the water agitates the

surrounding waters. Space becomes bent or curved in the

region of the matter hence the paths of the planet are the

results of moving through space distorted by the Sun.

As we have already seen, the space-time continuum is

4545

bent and distorted by the material bodies in it. If the space

is curved in the region surrounding the heavenly bodies it

is obvious that all matter in the universe must produce the

similar effect- an overall curvature of the whole space-time

continuum. The universe, must be regarded as a close

system finite but unbounded and not infinite as has been

supposed. On the face of it, it is beyond one's imagination

to visualise a finite universe but there is nothing so

mysterious about it. The surface of the earth, for example,

is finite, that is having a limited or measurable area but at

the same, time unbounded, i.e. one could walk around it for

ever without ever reaching the end.

Einstein theorised that the universe is of such size

and shape that a beam of light travelling at 1,86,000 miles

per second would return to its source after about 200

billion years. (One billion is equal to one million million

and the figure comes to 200,000,000,000,000). As the

figure is nothing but the circumference of the universe

using the formula pi 'D(Diameter)= Circumference, we can

calculate the diameter of the universe.

Pi=22/7: Diameter = 200,000,000,000,000x7 22

=100,000,000,000,000x7 11

= about 63,636,363,636,364

Light years(One light year is the distance travelled by light in

one earthly year at the rate of 1,86,000 miles per second

and is equal to 5.38 million million miles)

Keeping aside for a while the Einsteinian views

about the universe, let us see what the ancient Hindus

4546

concieved about the universe.

In the Hindu puranas the universe was considered a

gigantic egg hence the name “Brahmanda'. God who is the

lord of Universe is described as 'Akhilanda Koti

Brahmanda Nayaka' meaning, 'The Lord of the biggest egg

having innumerable cosmic spheres.' The age of the

universe or the life-span of the universe is given in terms of

the life span of Brahma. In Hindu chronology there are two

time-scales; one the earthy scale and the other the divine

scale (Deva Mana). The details of the scales are given

below.

The simplest chronological unit is known as 'Prana'

6 Pranas =1 Vighatika

60 Vighatikas =1 Ghatika

60 Ghatikas = 1 Ahoratra (Day & Night together)

15 Ahoratras (Days) = 1 Paksha (Fortnight)

2 Pakshas (For nights) = I Masa (Month)

12 Masas (Months) =1 Samvatsara (Year)

=1 Divine Day

30 earthly years = 1 Divine Day (Divya Maha)

360 earthly years = 1 Divine year (Divya Vastara)

4800 Divine years or 17,28,000 earthly years = 1

Krita Yuga (including twilight period)

3600 Divine years or 12,96,000 earthly years = 1

Treta Yuga (including twilight period)

2400 Divine years or 8,64,000 earthly years = 1

Dwapara Yuga (including twilight period)

1200 Divine years or 4,32,000 earthly years = 1

Kali Yuga (including twilight period)

4547

12000 Divine years or 43,20,000 years (Sum total of 4

Yugas) = 1 Maha Yuga or Divya Yuga (Great epeoh)

1000 Divya Yugas or 432,00,000 years = 1 Udaya Kalpa

(Day of Brahma)

Another

1000 Divya Yugas or 432,00,00,000 earthly years – 1

Kshaya Kalpa (Night of Brahma)

2000 Divine years or 864,00,00,000 earthly years – 1 (Full

day of Brahma Brahma dina)

30 such days of Brahma – 1 month of Brahma (Brahma

Masa)

12 such months of Brahma – 1 year of Brahma

100 such years of Brahma = 1 Life Span of Brahma

By the end of this period the entire Universe, every

galaxy, nedula, star – each and every thing perishes. This

period of Universal dissolution lasts for another such life

span of Brahma (100 Brahma Vatsaras) and on completion

of the same vew creation of everything commences again.

This phenomenon is cyclic and has neither beginning nor

end.

Applying this vast time scale let us calculate the age

of Brahma in terms of earthly years.

1 day of Brahma = 864,00,00,000 years

1 year of Brahma = 864,00,00,000 X 360 years

1 Life Span on Brahma = 864,00,00,000 X 360 X 100 years

= 311,040,000,000,000 years (15 digits)

The modern astrophysicists place the age of the

present universe as anything between 10 and 20 billion

years. Let us see what it seems to

4548

1 Million is equal to 10,000,00

1 Billion equals to 1 Million X Million

= 10,000,00 X 10,000,00

= 100,000,00,00,000

10 Billion = 10 X 100,000,00,00,000

= 1,000,000,00,00,000 (14 digits)

20 Billion = 2,000,000,00,00,000 (14 digits)

Now let us calculate the present age of the Universe

as per the Hindu scriptures. At present Brahma has

completed his fifty Divine years of life and is in his fifty

first Divine year.

1 Divine year = 8,640,000,000 X 360 earthly years

50 Divine years = 50 X 8,640,000,000 X 360 years

= 155,520,000,000,000 (15 digits)

A comparison of both the above figures clearly shows

that while the modern astrophysicists, figures are very

conservative the Hindu calculations are most accurate.

During the current fifty first year 1,972,949,096 (By

1995) years were over. Hence the total age of the universe

at present comes to 155,520,000,000,000 plus

1,972,949,096 i.e. 155,521,972,949,096 years.

A comparison of both the above figure shows that

while the figures of the modern astrophysicists are very

conservative, the figures arrived at by the Hindu

calculations are most accurate. The reason is that while the

former are conjectural the latter are based on scientific

facts.

It was already mentioned that as per Einsteinian

view sicne the Universe is such that a beam of light

4549

travelling at a speed of 1,86,000 miles per second would

return to its source after 200 billion years – Light rays are

supposed to travel in stright lines. In such a case how it

would be possible for the light rays to undergo several

bends and come back to its original source? Even a third

grade star like the Sun could deflect light rays passing

nearby. Einstein perdicted this and also practically showed

it during a solar eclipse. Thus he proved that light also is

having mass based on which his popular formula e = mv

was conceived. There are billions and billions of stars

which are very very massive than the Sun in the universe.

Many such stars devour the light coming to them becoming

black hole while others deflect that light rays passing

nearby. Thus the light rays undergo several deflections and

finally come to the original source. As per this Einstenian

concept it was calculated that the Universe is having a

circumfrence of 200 Billion light years and the diameter of

63,636,363,636,364 light years. Thus Einstein believed that

the universe is finite having these dimension.

200 billion = 1,000,000 X 100,00,00 X200

= 200,000,000,000,000 (15 digits)

It is curious to note that the life span of Brahma also

is having such a staggering figure.

Life span of Brahma = 311,040,000,000,000 years

(15 digits)

Could it be just a coincidence? Does it indicate the

size of the Universe? If so it is the most accurate

calculation."

4154. This document further appears to have been filed to

4550

show the manner in which the stone inscription of 1992 was

deciphered, but now, in our view, it is wholly irrelevant since

K.V. Ramesh OPW 10 has submitted his own translation and

transliteration in English which all the parties have admitted that

it is the most authentic one and his competence and expertise on

the subject admits no doubt.

4155. F.E. Pargiter tried to find out historicity in the matter

by tracing out the genealogy. In his “Ancient Indian Historical

Tradition” he collected list of rulers and dynasties based on

traditional Sanskrit sources. He could successfully find the

chronology tracing back about three thousands of years but find

some gaps missing links etc., hence rejected it by observing that

it is entirely a myth. It is normally difficult to a common man to

trace out his own genealogy by five or ten stages back, and, here

a person who had no knowledge of local faith, belief etc., from

here and their tried to find out chronological list of hundreds of

predecessors, going in thousand of years, and yet when find

some alleged manuscripts or some descriptions in certain books

creating some confusion, easily accepted the easier mode of

wriggling out of it by terming it a myth. Probably the reason

might be that they were working under a concept of Christian

methodology at that time that the world itself was created 4004

BCE. He also might be under the conventional wisdom of Max

Muller's theory of Aryan invasion in Indian sub-continent who

presumed that Indian civilization began only when the Aryans

allegedly invaded from the side of Indus in about 1500 BCE. It

is probably for this reason that he was not able to go beyond

that. Something is really disturbing with these kind of dispute.

Doubts normally are not raised or tried to be avoided in the

4551

matters of other religions. The dispute of Al Aqsa in Jerusalem

where the Farmosque is and treated to be the third most pious

place by muslims since they believe that Prophet Muhammad

descended thereat after visiting heaven, nobody even doubt their

faith but one can always ask a question that Jerusalem is not

mentioned in Quran at all while Mecca and Madina words have

been used innumerably then what is the evidence for such belief

but then one must understand and appreciate that in the matter

of faith and religion such things cannot be asked. A religion

itself means if some people believe something and worship as a

matter of right, since the time immemorial, the others must not

raise any doubt. Simple logic is that failing to find evidence to

something does not necessarily result in that the thing does not

exist.

4156. The issues which have been framed and up for

consideration by us are causing a bit complication inasmuch as

issue 11 (Suit-4) says, "is the property in suit the site of

Janambhumi of Sri Ram Chandraji". It does not talk of whether

this question has to be considered in the context of tradition,

faith and belief of Hindus, or, that like an ordinary property

dispute, we are really required to answer where Lord Rama was

borne actually. If this be so, the issue require us to perform an

impossible task. On the one hand, qua the property in dispute

when question arise whether it was actually constructed by

Babar, and whether he actually dedicated or not, the submission

is that the matter travels in history and, therefore, direct

evidence for an event occurred such a long time back may not

be possible, hence the issues must be decided in the light of the

traditions etc. and other circumstantial things. But here, where

4552

the period of Lord Rama ranges in several thousand and lacs of

years, can it be said where he actually borne, be decided by a

Court of Law by collecting positive evidence on this aspect and

any party will be able to do it.

4157. The issues pertaining to history cannot be decided

like this and to us it appears that by necessity we have to treat

the issues 11 (Suit-4), 1 (Suit-1) and 22 (Suit5) as if we are

required to answer the common question whether the property in

suit is the site of birth of Sri Ramchandra Ji according to

tradition, belief and faith of Hindus in general, otherwise this

kind of dispute will create inroads to a very serious and

dangerous arena which we cannot allow.

4158. Let us now proceed to find out as to how Ayodhya

and Lord Rama inter se are considered by the parties before us

and what has been said in brief by their witnesses.

4159. Regarding the identity and importance of Ayodhya,

the statements of some of the witnesses of plaintiffs (Suit-4) are

as under:

(a) P.W. 6 Mohammad Unus Siddiqi

^^;g Bhd gSs fd fgUnw yksxska esa bl ckr dh vkLFkk gS fd v;ks/;k

Hkxoku jke ds uke ls tqM+h gqbZ gSA**¼ist 20½

"It is true that it is a matter of faith for Hindus that

Ayodhya is linked with the name of Lord Rama.”(E.T.C.)

(b) PW 8, Abdul Ajij

^^;g Bhd gS fd v;ks/;k fgUnqvksa dh ,d rhFkZLFkyh gSA cgqr

nwj&nwj ls fgUnw yksx ogkWa vkrs gSaA** ¼ist 33½

“It is true that Ayodhya is a pilgrimage of Hindus.

Hindus come here from far off places.” (E.T.C)

(c) PW 10 Mohammad Idris

^^v;ks/;k ,d etgch 'kgj gS] og fgUnqvksa dk Hkh etgch 'kgj gS vkSj

4553

eqlyekuksa dk Hkh etgch 'kgj gSA - - - - -;g Bhd gS fd v;ks/;k esa

efUnjksa dh Hkjekj gSA** ¼ist 33&34½

"Ayodhya is a religious town. It is a religious town for

Hindus and so is it for Muslims. . . . . . . . . It is true that

Ayodhya has plenty of temples.”(E.T.C)

(d) PW 21 Dr. M. Hashim Kidwai

“;g lgh gS fd jke pUnz th dk tUe v;ks/;k esa gqvk FkkA ;g

lgh gS fd fgUnw yksx v;ks/;k esa Hkxoku jke ds tUe LFkku ij n'kZu

djus lfn;ksa ls tkrs gSA” (ist &77)

“It is true that the birth of Ram Chandra Ji took

place in Ayodhhya. It is true that from centuries, Hindu

community have been visiting the birthplace of Lord Rama

for Darshan.” (E.T.C.)

“;g Bhd gS fd v;ks/;k fgUnqvksa dh ,d egRoiw.kZ rhFkZLFkyh

gS ;g Hkh Bhd gS fd v;ks/;k esa Hkxoku Jh jke dk tUe gqvk FkkA

lHkh fgUnw bl ckr dks ugh dgrs fd Hkxoku jke dk tUe mlh Hkwfe ij

gqvk Fkk tgka ckcjh efLtn cuh gSA ;g Bhd gS fd dqN fgUnw dh ,slh

ekU;rk gS fd ;g Hkxoku Jh jke dh tUe LFkyh gSA” (ist &83)

“It is true that Ayodhya is a significant pilgrimage of

Hindus. It is also correct that birth of Lord Rama took

place in Ayodhya. All Hindus do not say that the birth of

Lord Rama took place on that very land where Babari

Mosque is constructed. It is correct that some Hindus

believe that it is the birthplace of Lord Sri Rama.” (E.T.C.)

(e) PW 25 S.M. Naqvi

^^tks rhFkZ;k=h v;ks/;k esa n'kZu ds fy, vkrs gSa og vkSj lc

LFkkuksa ds vykok ckcjh efLtn ds ikl tks lhrk jlksbZ dgk tkrk gS

vkSj jke pcwrjk dgk tkrk gS ogka rd vkrs gSa vkSj J)k t:j is'k

4554

djrs gksaxs vkSj J)kuqlkj Qwy vkSj crk'ks p<+krs gSaA** ¼ist 51½

“Such pilgrims, who come to Ayodhya for 'Darshan'

(offering of prayer by Hindus in temple), apart from other

places, also visit the place called 'Sita Rasoi' &

'Ramchabutara' near Babri masjid and must be offering

their devotion and offer flowers and sweets as per their

devotion.” (E.T.C.)

4160. So far as the witnesses of Hindu parties are

concerned, they all have said unequivocally that according to

their faith and belief Lord Rama was borne at Ayodhya and the

disputed site is the place where Lords of Lord manifested. The

relevant part thereof we may refer a bit later.

4161. We are aware that the antiquity, history etc. of a

place or personality would not solely depend the oral statements

of some persons who could not have any personal knowledge of

the matter. This appears virtually admitted on the part of the

muslim parties also and it is probably for this reason, under

Order X Rule 2 CPC, statement was made by all the learned

counsels appearing for Muslim parties, about the faith and belief

of Hindus that Lord Rama was borne at Ayodhya or that it is this

very Ayodhya in respect whereto the above faith exist, they have

no reason to dispute it, and their dispute is confined only to the

site in question as to whether the place of birth of Lord Rama

can be zeroed down thereto or not, legally and otherwise.

4162. The counsel for the parties virtually were unanimous

that these aspects can be seen better in the light of the historical

and other texts which may reflect upon it and give some idea on

the subject. Having considered the issue in detail we find that

the work of Historians and experts as they claim, the recorded

4555

material, which we have in the form of books, can broadly be

categorised in two.

(1) The books written before or till 1600 AD (hereinafter

referred to as “pre-1600 AD”; and,

(2) The books written after 1600 AD (hereinafter referred

to as “post-1600 AD”).

4163. The reason for making the above distinction though

to some extent is apparent, but we propose to give its detail. At

this stage, it would be suffice to mention and remind us that the

books falling in the first category, i.e. pre-1600 AD mostly

consist of Hindu, Jain, Baudha and Muslim literature written by

the persons of these communities, in limited may some

chronicles, and also include the published material of certain

travellers from other countries like China etc. In the later

category, i.e. post-1600 AD the published material consist of the

history books mostly written by Europeans as well as English

translation of pre 1600 AD literature, which was originally

written in languages like Sanskrit, Turkish, Persian etc. as also

the travellers account of persons mostly European, visiting

Indian sub-continent.

4164. It is no doubt true that pre-1600 AD literature is a bit

scattered, lack at several places, clarity and specificity, and

leaves at times one to guess or assume something while the

post-1600 AD material is more specific and concrete but tainted

and tampered or written without understanding the true context

and facts. It has to be relied and handled cautiously since it is

more based on informations received by the authors other than

first hand information. When something is written on the basis

of information received, the source from which the information

4556

has been received, the extent of clarity with which the

information is conveyed the credibility of the informant as well

as information, whether the information has been given

impartially or with a biased mind, capacity and extent of

understanding of the person receiving information, his

capability of putting the same on paper, the extent of accuracy

and several other similar factors would have to be considered

otherwise the ultimate inference may result in drastic

consequences.

4165. The Indian history in post 1600 AD has primarily

been written by Europeans claiming that the same is based on an

in-depth study of old manuscripts of Indian Literature as also

the information they have collected from the available Indian

Historians and local people. Though the printed material pre

1600 AD is also available but we cannot term it as primary

source of evidence since the material is published later on and

we have no manner of comparing the same with the primary

source. The original manuscript is not available and in many of

cases cannot be available at all.

4166. Normally one ought to proceed chronologically but

since post 1600 authors have claimed their work to be very

authentic and reliable, we intend to proceed in a reverse manner,

i.e., first to consider and refer some of the historical and other

books written in post 1600 AD and thereafter revert back to pre

1600 AD.

4167. The historical literature in post 1600 AD mostly has

its credit to the people came in India as merchants from England

and turned the entire chapter of history in this part of Asian

Continent. Prior to it, one noticeable event is the visit of Vasco-

4557

da-Gama on 20th May 1428 alongwith four ships and 118

sailors. It is said that the route was guided to him by an Indian

sailor. He returned to Lisbon with a cargo, the value of which it

is said, was 60 fold the cost of his voyage to India. This opened

the eyes of Europeans in the entire continent and thereafter

attempts from different countries like England, France etc. were

made to enter into trade with India. On 24th September, 1599 a

group of merchants formed an association for entering into free

trade in East Indies. Queen Elizabeth granted a Charter on 31st

December, 1599 to Governor and Company of Merchants of

London to trade freely in the East. Though it was not necessary

to seek for a charter but the Company had two reasons for the

same. One, to assure a reasonable prospect of success in the

adventure the Company asked for a trade monopoly and special

privileges which by the constitutional practice of the time could

be conferred only by the Crown; and secondly; to make

association sufficiently powerful to negotiate and deal with

Indian potentates, to count on state aid, to drive off European

competitors and to enforce discipline among its own servants.

4168. It is said that to begin with the East India Company

had only 101 shareholders and could collect a sum 30133 ponds,

6 shillings and 8 pence only. Later on it was increased and

reached up to 68373 pounds and number of shareholders

increased to 217. The shareholders included besides merchants

and traders, grossers, lather sellers, dyers, tailors and

goldsmiths. The East India Company was tempted to enter into

trade with Indian continent after being impressed with its

economic prosperity. Some of the comments made by

Europeans supports it. Shakespeare called India as the “climax

4558

of the greatest opportunities in the world”. The German

philosopher Hegel in his book “The Philosophy of History”

Newark 1956 Edition, page 142 described it as the “land of

desire”. The Vasco-da-gama himself called India as “Golden

India” and Adam Smith said that “India was one of the

wealthiest ancient country.”

4169. The wealth drained out by the East India Company

is an eye opener. James Mill in “History of British India” Vol.-

I at page 22-23 has said that English East India Company in a

short span made huge profits. In seven out of eight expeditions

during 1603 AD to 1613 AD it made profits in general more

than 200 times on the capital of the voyage. In 1600, the First

Charter granted by Queen Elizabeth, the company was described

as “Governor and Company of Merchants of London trading

into east Indies”. It granted exclusive right of trading into and

from the East Indies, in the countries and Ports of Asia and

Africa, and into and from all the Islands, Ports, Harbours, cities,

creeks, towns and places of Asia and Africa, America or any of

them, beyond the cape of Bona Esperenza to the straits of

Magellan for a period of 15 years. This grant was conditional on

the trade proving profitable to the realm. This Charter was

renewed by James First in 1609 AD and made “perpetual

subject to determination after three years notice on proof of

injury to the nation”. Before 1612 AD, the members attributed

on each occasion towards expenses of the each voyage reaping

the whole profits of his subscription. In 1612 AD Joint Stock

System was introduced and in the next four years, i.e., 1613 to

1616 AD the Company made a total profit of 87.5%. Maurice

Doble in “Studies in the Development of Capitalism (London,

4559

1946)” at page 192 has mentioned that in 1617 AD the

Company made a total profit of pounds 10 lacs on a capital of

pounds 2 lacs. In 17th century AD the Company averaged a rate

of profit of about 100%. The fortune it conferred to British

youngsters was such that they become overnight affluent and

rich. Thomas Pitt (1643-1726 AD), the grandfather of William

Pitt became a multimillionaire in India and used to be called

“Diamond Pitt” while Elihu Yale (1648-1721 AD) became one

of the richest man in England. It is for this reason that no

occasion of determination of Company did arose and instead the

powers were enhanced from time to time vide Charters of 1661,

1669, 1677, 1683, 1686, 1726, 1753 and 1758 AD. We do not

propose to give British history of India but in order to

understand the mindset, the purpose, the objective, the motive,

the degree of fairness in appreciation or understanding of the

things etc. by the European authors in post 1600 AD probably

each and every factor has to be examined since it has a

cumulative effect which reflects in the mind and opinion of a

person while making an observation in respect to life style of the

natives including religious, cultural and other aspects of a

country like India. Some of the broad features of the Charters

referred above may be reminded at this stage in brief.

4170. Charter of 1661 AD empowers the Company to

appoint Governors and other officers for the Government of

Fortress, the dispatch ammunitions and wire material for

defence of their factories, to erect poles and to appoint

commanders and other officers with power to make peace and

war with non-Christian nations. For better administration of

justice the Governor and Council of each factory were

4560

authorised to judge all persons living under them, in all causes

whether civil or criminal. Charter of 1669 AD granted to the

Company, the Port and Island of Bombay investing it at the

same time with powers of their civil and military government.

The Company was authorised to coin money at Bombay by

Charter of 1677 AD. Charter of 1683 AD granted full powers to

Company to raise military forces, to exercise martial law in case

of foreign invasion or domestic insurrection and to make peace

and war with “heathen” nations. A Court of Judicature

consisting of “one person learned in civil law” and two

Assistants was established to adjudge mercantile and maritine

cases. Charter of 1686 AD empower it to raise naval forces, to

appoint Admirals and other sea officers and to coin money in

their Forts. One year thereafter, by virtue of power conferred by

Crown, a Municipality was established at Madras.

4171. The progress and development of the Company

caused some legal battle in England as others were also vying

for entering in trade with East Indies. A question was raised in

1683-85 AD in East India Company Vs. Sandys, whether the

Crown had the prerogative to grant a trade monopoly without

the authority of parliament. The issue was decided in favour of

the Company. Again in 1691 AD the issue was raised before the

Privy Council but decided in favour of the Company. However,

the Company when detained a private ship “Red Bridge” in the

Thames alleging that it was bound for countries within the

Charter limits of the Company, the legality of detention was

questioned and brought to the notice of Parliament whereupon

in 1694 AD a resolution was passed that all subjects of England

had equal rights to trade with the East Indies unless prohibited

4561

by Act of Parliament. Consequently, by Act of 1698 AD trade

monopoly was secured to the Company in return for loans made

to the State from time to time. In 1708 AD the controversy of

trade monopoly came to an end due to amalgamation of various

companies under the name of “the United Company of

Merchants of England Trading with the East Indies” and this

name continued up to 1831 AD. The Company had expanded its

activities to much wider fields and for effective management

and operation thereof by Charter of 1726 AD Municipal and

Judicial Institutions at Bombay, Madras and Calcutta were

reorganised; Mayor's Courts were established by the Crown by

Letters Patent and the Governor and Council of each Presidency

were conferred powers of legislation in respect of inhabitants of

towns and factories under their control. Charter of 1753 AD

empowered for setting up of Courts on request for trial of petty

cases. Suits and causes in which both the parties were Indians or

non-European were excluded from the jurisdiction of the

Mayor's Courts and directed to be determined amongst the

parties themselves. Act of 1754 made provision for military

forces of the Company corresponding to the provisions in the

English Mutiny Acts. It also made offences committed by the

Company's Presidents and Councils cognizable and punishable

in England.

4172. Then came the moment which marked the process of

English domination in India. The British Company won battle of

Plassey in 1757 AD. This victory laid foundation of British

supremacy in Bengal, Bihar and Orissa and paved way for the

conquest in Northern India. Consequently by Charter of 1758

AD the Company was empowered to cede, restore, or dispose of

4562

fortresses, districts or territories acquired by conquest from

Indian princes or Governments. Almost all the historians are in

unionism in observing that this was the situation created in India

by sudden collapse of Mughal empire. Within half a century of

the death of Emperor Aurangzeb, the Mughal empire fell to

pieces. Sikhs shattered it in Punjab, Marathas rose to supremacy

in Peninsula, Rajput States declared their independence, the

Governors in Oudh, Bengal and Deccan threw off their

allegiance and Afghan soldier of fortune seized Rohilkhand.

Two Maratha warriors, Holker and Sindhia partitioned Malwa

founding new dynasties. In this state of confusion and anarchy,

two strong European powers though rival, i.e., French and

English East India Company established their foothold. The

French East India Company which was also initially a mere

trading concern, possessed the districts of Pondichary and

Carical as well as a number of factories and forts at Surat, Mahi

and Chandar Nagar. However, its influence in Deccan was

watered down and shattered by the victories of Clive in 1752

AD. The battle of Plassey in 1757 AD made English Company

virtually master of Bengal, Bihar and Orrisa.

4173. In 1760 AD Clive obtained the grant of Northern

Sirkars for the Madras Government and in 1765 AD, to be more

precise on 17th August, 1765, Emperor Shah Alam conferred on

the Company “Deewani” or the right of collecting revenue and

administering civil justice in Bengal, Bihar and Orrisa in return

for any early payment of 26 lacs of rupees. Victory in Plassey

battle made the company sovereign de facto in relation to Bihar,

Bengal and Orissa and grant of Diwani made them sovereign de

jure. This progress of the Company sought to be shared by the

4563

Crown in England and the Parliament passed in 1767 AD five

Acts with reference to Indian affairs.

4174. To begin with, the Company was required to deposit

into English Government's Exchequer an annuity of pound 4

lacs as a tribute to the State in consideration of their retaining

the territorial acquisition and their revenue. In “Company India,

A Comprehensive History of India (1757-1858)”, J. Kumar at

page 65 has observed that Company took advantage of its

becoming de facto de jure sovereign after battle of Palasy and its

servants collect a huge sum inasmuch as within less than a

decade of the battle of Palasy two million pounds sterling from

Bengal reached into pockets of the Company's servants by way

of presents and other means. This resulted in Regulating Act,

1773 and Pitt's India Act, 1784.

4175. The ways in which the Company servants manage

their affairs, Sir William Meredith said “merchants sovereigns

are always dangerous for their rule of selling is to take as much

as they please, and the rule by which they bye is to pay as little as

they please”. Regulating Act, 1773 appointed a Governor

General and four Councils for the Government of Presidency of

Fort William in Bengal. The Governor General and Council

were given the power of superintending and controlling the

Governments and the Presidencies of Madras, Bombay and

Bencoolen (in Sumatra) which were required to pay due

obedience in matters relating to peace and war and negotiations

of treaties with Indian princes or powers. The Governor General

and Council were also authorised to make an issue, rules,

ordinances and regulations for the good order and civil

government of the Company's settlement and Fort William and

4564

other factories and places subordinate, as were deemed just and

reasonable. These rules and regulations, however, were not to

have the force of law until registered in the Supreme Court with

its assent and approbation. It is said that the object of this

proviso was to secure the conformity of Indian laws with the

fundamental laws of England. The rules and regulations,

however, could further be disallowed by the King in Council.

The Government of two minor Presidency were required to sent

to the Bengal Government copies of all of their regulations and

orders but the Governor General and Council were not

empowered to legislate for the territories of Madras and

Bombay. The Crown was empowered to establish by Charter

and letters patent, a Supreme Court of Judicature at Fort William

consisting of a Chief Justice and three other judges, who were

barristers of at least five years standing and were appointed by

the Crown.

4176. We need not to detail as to how the things

functioned under this Act but the history books show that the

sharp controversy between the Governor General and Council

and the Supreme Court made the Governor General powerless

before his own Council, the Council was powerless before the

Supreme Court and the Supreme Court was immune from all

responsibility for the peace and welfare of the country. Lord

North on 9th April, 1781 observed in the House of Commons

that it was desirable that the Governor of Bengal might in future

be something more than a mere primus interpares. He further

observed, “for his part he was an enemy to absolute power, but if

the genius, the habits and religious prejudices of India were

inconsistent with a free Government, the necessity would justify

4565

Parliament with a degree of absolute power, to be exercised by

him with moderation and distinction.”

4177. This resulted in Bengal Judicature At 1781

providing that the Supreme Court had no jurisdiction in matters

concerning revenue or any act done in the collection thereof

according to the usages of the country, or the regulations of

Governor General and Council and that judicial officers of the

Company's Courts were not liable in the Supreme Court for acts

done in judicial capacity. The Governor General and Council

was recognised as having appellate jurisdiction from the

judgements of the Company's Courts. The Governor General

and Council were empowered to make regulations for the

Company's Courts which would not require registration in the

Supreme Court. It provided that Rules and forms for the

execution of process in Supreme Court were to be

accommodated to the religion and usages of the people of India.

The Supreme Court's jurisdiction as regards Indian was limited

to the town of Calcutta. It further laid down that questions of

inheritance and succession to land, rents and goods, and all

matters of contract and dealing between party and party, were to

be determined in the case of Muhammadans by the laws and

usages of Muhammadans and in the case of Hindus by the laws

and usages of Hindus.

4178. Though not directly but here was the time when

simultaneously some other got indulged themselves to

understand the culture & history of this part of the sub-

continent. The first hurdle was language. The literature was in

Sanskrit. Thus process of its translation commenced. The

“History of Sanskrit Literature” (1859) shows that major part

4566

of the translation work started in the later part of 18th century.

Earlier, in 1651 AD “Abraham Roger” translated Sanskrit poet

“Bhartrihari” into Dutch. Thereafter Voltaire in his essay “Essai

sur les Moeurs et l'Esprit des Nations” shows his enthusiasm

greeting the lore of the “Ezour Vedam”, a work brought from

India and introduced to his notice in the middle of the last

century. It is said that this work was later proved to be a forgery

made in the 17th century by a Jesuit Missionary. Thereafter one

Dugald Stewart, Philosopher wrote an essay endeavouring to

prove that not only the Sanskrit literature but also the Sanskrit

language was a forgery made by the crafty Brahmans on the

model of Greek after Alexander's conquest. Warren Hastings,

the then Governor General, East India Company viewed in the

advantage of ruling Hindus as far as possible according to their

own laws and customs and caused a number of Brahmans to

prepare a digest, based on the best ancient Indian legal

authorities. An English version of this Sanskrit compilation,

made through the medium of a Persian translation, was

published in 1776.

4179. The first European said to have acquired knowledge

of actual Sanskrit writing is said to be “Charles Wilkins” at

Benares who got published in 1785 a translation of “Bhagwad-

gita”, or “The Song of the Adorable One” and two years later a

version of the well known collections of Fables entitled

“Hitopadeca” or “Friendly Advice”.

4180. Thereafter the subsequent historians gives real credit

to “Sir William Jones” who in his brief stay of 11 years in India

first aroused keen interest in the study of Indian Antiquity by

founding “Asiatic Society of Bengal” in 1784, having acquired

4567

knowledge of Sanskrit, published translation of “Shakuntala” in

1789 which was appreciated by several other judges like Herder

and Goethe and thereafter he translated “Code of Manu”.

4181. The first British Historian, who said to have

adventured on the Indian History is James Mill, author of

“History of British India”. In “Autobiography J.S. Mill”

London, reprinted in 1958, it is said that Mill was born in 1773

at a village in Scotland. His father (also called James) was a pity

shoe maker and his mother Isabel Fentan was a farmer's

daughter. He got higher education in the University of

Edinburgh at the expenses of a fund established for educating

young men of the Scottish Presbyterian Church. However, he

had forsaken the Church and for a few years was a private tutor

in various prominent families in Scotland. Thereafter, he came

to England where he adopted journalism for his livelihood and

wrote a number of articles in journals and periodicals like,

Edinburgh Review, West Minister Review, London Review,

Annual Review, etc. He also drafted some articles in Volume V

of Encyclopaedia Britannica. In 1808, he came in contact with

Jeremy Bentham. In 1819, he got a job and was appointed as

Assistant Examiner of Correspondence at India House and

served the East India Company till his demise in 1836. Thus,

James Mill had never been in India, knew no Indian language

and lacked personal acquaintance with Indians. His writing,

however, in respect to India consisted of a number of articles,

reviews, voluminous correspondences and despatches to the

various authorities of the East India Company during 1819 to

1836, and a book. Some of his articles, namely, “Affairs on

India” (1810), “Wilk's History of Mysore” (1811), “East India

4568

Monopoly” (1812), “Malcolm on India” (1812) were published

in Edinburgh Review during 1810-12. His famous work on

India is “History of British India”. It is said that he started

work on this book in 1806 and in 1817 three volumes were first

published. Again it was published in 1820. It was published in

six volumes in 1826. During 1840-48, it was published in nine

volumes with notes and contents of H.H. Wilson and in 1858

and 1872, it was reprinted in ten volumes.

4182. James Mill set out to display the history, character,

religion, literature, arts and laws of India besides explaining the

influence of the Indian climate. He aimed to look it the

accumulated information of India within a wider theoretical

frame work. The work begins with a preface in which Mill

makes virtues of having never visited India and of knowing

none of its native languages. To him these are guarantees of his

objectivity and he says:

“A duly qualified man can obtain more knowledge of

India in one year in his closet in England than he could

obtain during the course of longest life by the use of his

eyes and years in India.”

4183. Mill treated his work a monumental one and comes

on in his preface to say that his work is a critical, or judging

history encompassing singularly harsh judgements of Hindu

customs and denouncements of a backward category notable for

superstition ignorance and the mistreatment of human.

4184. In the fifth edition of “History of British India”

edited by H.H. Wilson, in the preface the editor mentioned

something about the knowledge gained by James Mill for

writing the said book and has commented on the same as under :

4569

“He acknowledges that his opportunities of

consulting alleged authorities were sometimes transient

and precarious, i.e., something unpublished documents of

which he had need were not accessible to him; and that in

the later portion of his work which may be regarded as

almost temporary history, he was in want of much personal

information which he believe to accept and might have

rendered his narrative richer and perhaps more accurate in

matters of detail.”

4185. The same editor has further commented about the

lack of knowledge of the Country and unacquitance by James

Mill. He has observed “Besides the defects occasioned by

incomplete material, the History of British India presumes

inaccuracies both of facts and opinion; which have arisen from

the author's imperfect knowledge of the Country and

unacquitance with any of the language spoken in it. He has

taken great pains to prove that these defects are of no

consideration and that he had never been in India and is

possessing but a slight and elementary acquittance with any of

the languages of the east are to be regarded rather as

qualification then disqualification for the task which he had

undertaken. His arguments are ingenious; they will carry

conviction but to few. It is true that residence in a Country

command of its dilates converseries, with its literature are but

humble elements in the formation of the historical character but

they are elements and cannot be disregarded without injury to the

inconsistencies of incompleteness of the whole. It is also true that

there are many circumstances in the position of the servants of

the East India Company which are unprofitious to the

4570

development and cultivation of the talent and knowledge requisite

to constitute a historian of India; but, although these

circumstances may counter balance in the individual themselves;

observatory benefits derivable from personal observation though

do not therefor invalidate the reality of those benefits or render

local sketch altogether valueless and may be reservation that no

one person of the many who have been engaged in official duty in

India or how have earned distinction as oriental scholar has yet

brought to the attempt to write a history of India, the same degree

of fitness as Mr. Mill; yet it cannot but be felt had Mr. Mill passed

but a short time in the Country or been but moderately versed in

any …...”

4186. He further wrote, “Acquaintance with the language

and literature of India would have resolved Mr. Mill from some

other mistaken conclusions. He states it as his conviction that

even when he wrote, a sufficient stalk of information had been

collected in the languages of Europe to enable and enquirer to

ascertain every important point in the history of India. As far as

this assertion may be considered applicable to the European part

of Indian history. It is inconsistent with the defense history he had

himself indicated. It is still more incorrect when applied to the

history of the Hindus and Mohammedans of Hindustan. ......In the

journals of several Asiatic Societies and the publications of

various Hindu scholar's information almost entirely new and of

exceed interest has been obtained within the last few years

relating to the religion, philosophy and ancient history of Hindus

whilst their later forbit ion ….... has been …... illustrated by the

history of Maratha's and Annals of Rajasthan, until, however,

some of of the Puranas and the chief portion of the Vedas shall

4571

have been translated. It is safe to speculate on the point of scope

and character of the primitive institutions of the Hindus and of

more recent period, it is still essential to extend investigation in

those chronicles of the native States which are known to have

existence. …..”

4187. He further observed about prejudices of the author,

“Exceptions even more comprehensive may be taken to his

opinion. In many incidents, the intensity of his prejudices has

dimmed the clarity and has blunted the acquittance of his

intelligence.”

4188. Then comes “Henry Thomas Colebrooke” who got

published several text, translation and assay of Sanskrit

literature. Alexander Hamilton, an Englishmen, who it is said

had acquired knowledge of Sanskrit in India happened to be

passing through France on his way home in 1802 AD.

4189. The one longest work running in about 50 volumes

we got is known as Max Muller "Sacred Books of East". He

better known for his extraordinary work in publication of the

series of books under the title “Sacred Books of the East”

running in 50 volumes. He was born on 6th December, 1823 in

Dessau (Germany). His full name is Friedrich Max Muller. His

father Wilhelm Muller, was a romantic poet and his mother

Adelheide Muller was the eldest daughter of a Chief Minister of

Anhalt-Dessau. He entered Leipzig University in 1841 where he

left his early interest in music and poetry in favour of

philosophy. He received Ph.D. in 1843 for a dessertation on

Spinoz's Ethics. He also displayed an aptitude for languages,

learning the Classical languages Greek and Latin, as well as

Arabic, Persian and Sanskrit. In 1844, he went to Berlin to study

4572

with Friedrich Schelling. He began to translate the Upanishads

for Schelling, and continued to research Sanskrit under Franz

Bopp (the gentleman is considered to be a first systemic scholar

of the Indo-European languages). Schelling led Muller to relate

the history of language to the history of religion. At this time,

Muller published his first book, a German translation of the

Hitopadesa, a collection of Indian fables.

4190. In 1845, he moved to Paris to study Sanskrit under

Eugene Burnouf. It is said that it is Burnouf who encouraged

him to translate the complete Reg Veda, using manuscript

available in England.

4191. In 1846, Muller moved to England so as to study

Sanskrit texts in the collection of the East India Company. For

supporting himself, Muller wrote a novel German Love claimed

to be popular in those days. His connections with the East India

Company and with Sanskritists based at Oxford University led

to a career in Britain, where became the leading intellectual

commentator on the culture of India which Britain controlled as

part of its Empire at that time. It is said that this led to complex

exchanges between Indian and British intellectual culture,

especially through Muller's links with the Brahmo Samaj.

Muller became a member of Christ Church, Oxford in 1851,

when he gave his first series of lectures on comparative

philology. He gained appointments as Taylorian Professor of

Modern European Languages in 1854 and as Professor of

Comparative Philology at Oxford. Subsequently in 1860, he was

defeated in the competition for the tenured Chair of Sanskrit but

later on became Oxford's first Professor of Comparative

Theology (1868 – 1875), at All Souls College.

4573

4192. Muller attempted to formulate a philosophy of

religion that addressed the crisis of faith engendered by the

historical and critical study of religion by German scholars on

the one hand, and by the Darwinian revolution on the other.

Muller was wary of Darwin's work on human evolution, and

attacked his view of the development of human faculties. His

work was taken up by cultural commentators such as his friend

John Ruskin, who saw it as a productive response to the crisis of

the age (compare Matthew Arnold's “Dover Beach”). He

analyzed mythologies as rationalizations of natural phenomena,

primitive beginnings that we might denominate “protoscience”

within a cultural evolution; Muller's "anti-Darwinian" concepts

of the evolution of human cultures are among his least lasting

achievements.

4193. Muller shared many of the ideas associated with

Romanticism, which coloured his account of ancient religions,

in particular his emphasis on the formative influence on early

religion of emotional communion with natural forces.

4194. Muller's Sanskrit studies came at a time when

scholars had started to see language development in relation to

cultural development. The recent discovery of the Indo-

European (IE) language group had started to lead to much

speculation about the relationship between Greco-Roman

cultures and those of more ancient peoples. In particular the

Vedic culture of India was thought to have been the ancestor of

European Classical cultures, and scholars sought to compare the

genetically related European and Asian languages in order to

reconstruct the earliest form of the root-language. The Vedic

language, Sanskrit, was thought to be the oldest of the IE

4574

languages. Muller therefore devoted himself to the study of this

language, becoming one of the major Sanskrit scholars of his

day. Muller believed that the earliest documents of Vedic culture

should be studied in order to provide the key to the development

of pagan European religions, and of religious belief in general.

To this end, Muller sought to understand the most ancient of

Vedic scriptures, the Rig-Veda.

4195. Muller was greatly impressed by Ramakrishna

Paramhansa, his contemporary and proponent of Vedantic

philosophy, and authored several essays and books on him.

4196. A 1907 study of Muller's inaugural Hibbert Lecture

of 1878 was made by one of his contemporaries, D. Menant. It

argued that a crucial role was played by Muller and social

reformer Behramji Malabari in initiating debate on child

marriage and widow remarriage questions in India.

4197. For Muller, the study of the language had to relate to

the study of the culture in which it had been used. He came to

the view that the development of languages should be tied to

that of belief-systems. At that time the Vedic scriptures were

little-known in the West, though there was increasing interest in

the philosophy of the Upanishads. Muller believed that the

sophisticated Upanishadic philosophy could be linked to the

primitive henotheism of early Vedic Brahmanism from which it

evolved. He had to travel to London in order to look at

documents held in the collection of the British East India

Company. While there he persuaded the company to allow him

to undertake a critical edition of the Rig-Veda, a task he pursued

doggedly over many years (1849 - 1874), and which resulted in

the critical edition for which he is most remembered.

4575

4198. For Muller, the culture of the Vedic peoples

represented a form of nature worship, an idea clearly influenced

by Romanticism. He saw the gods of the Rig-Veda as active

forces of nature, only partly personified as imagined

supernatural persons. From this claim Muller derived his theory

that mythology is 'a disease of language'. By this he meant that

myth transforms concepts into beings and stories. In Muller's

view 'gods' began as words constructed in order to express

abstract ideas, but were transformed into imagined personalities.

Thus the Indo-European father-god appears under various

names: Zeus, Jupiter, Dyaus Pita. For Muller all these names

can be traced to the word 'Dyaus', which he understands to

imply 'shining' or 'radiance'. This leads to the terms 'deva',

'deus', 'theos' as generic terms for a god, and to the names 'Zeus'

and 'Jupiter' (derived from deus-pater). In this way a metaphor

becomes personified and ossified. This aspect of Muller's

thinking closely resembled the later ideas of Nietzsche.

4199. Nevertheless Muller's work contributed to the

developing interest in Aryan culture which set Indo-European

('Aryan') traditions in opposition to Semitic religions. He was

deeply saddened by the fact that these later came to be

expressed in racist terms. This was far from Muller's own

intention. For Muller the discovery of common Indian and

European ancestry was a powerful argument against racism,

arguing that "an ethnologist who speaks of Aryan race, Aryan

blood, Aryan eyes and hair, is as great a sinner as a linguist who

speaks of a dolichocephalic dictionary or a brachycephalic

grammar" and that "the blackest Hindus represent an earlier

stage of Aryan speech and thought than the fairest

4576

Scandinavians".

4200. In 1881, he published a translation of the first

edition of Kant's Critique of Pure Reason. He agreed with

Schopenhauer that this edition was the most direct and honest

expression of Kant's thought. His translation corrected several

errors that were committed by previous translators. In his

Translator's Preface, Muller wrote, "The bridge of thoughts and

sighs that spans the whole history of the Aryan world has its first

arch in the Veda, its last in Kant's Critique.…While in the Veda

we may study the childhood, we may study in Kant's Critique of

Pure Reason the perfect manhood of the Aryan mind.…The

materials are now accessible, and the English-speaking race, the

race of the future, will have in Kant's Critique another Aryan

heirloom, as precious as the Veda — a work that may be

criticised, but can never be ignored."

4201. Muller's comparative religion was criticized as

subversive of the Christian faith. According to Monsignor

Munro, the Roman Catholic bishop of St Andrew's Cathedral in

Glasgow, his 1888 Gifford Lectures on the "Science of

Religion" represented nothing less than "a crusade against

divine revelation, against Jesus Christ and Christianity". Similar

accusations had already led to Muller's exclusion from the

Boden chair in Sanskrit in favour of the conservative Monier

Monier-Williams. By the 1880s Muller was being courted by

Charles Godfrey Leland, Helena Balvatsky and other writers

who were seeking to assert the merits of "Pagan" religious

traditions over Christianity. The designer Mary Fraser Tytler

stated that Muller's book Chips from a German Workshop (a

collection of his essays) was her "Bible", which helped her to

4577

create a multi-cultural sacred imagery.

4202. Muller distanced himself from these developments,

and remained within the Lutheran faith in which he had been

brought up. He several times expressed the view that a

"reformation" within Hinduism needed to occur comparable to

the Christian Reformation. In his view, "if there is one thing

which a comparative study of religions places in the clearest

light, it is the inevitable decay to which every religion is

exposed... Whenever we can trace back a religion to its first

beginnings, we find it free from many blemishes that affected it

in its later states". He used his links with the Brahmo Samaj in

order to encourage such a reformation on the lines pioneered by

Ram Mohan Roy.

4203. He was also influenced by the work Thought and

Reality, of the Russian philosopher African Spir.

4204. Munro had argued conversely that Muller's theories

"uprooted our idea of God, for it repudiated the idea of a

personal God." He made "divine revelation simply impossible,

because it [his theory] reduced God to mere nature, and did

away with the body and soul as we know them." Muller

remained profoundly influenced by the Kantian

Transcendentalist model of spirituality, and was opposed to

Darwinian ideas of human development, arguing that "language

forms an impassable barrier between man and beast."

(Muller, F. Max. Three Lectures on the Science of Language,

etc., with a Supplement, My Predecessors. 3rd ed. Chicago,

1899, p. 5)

4205. We have taken all these details of Max Muller from

the following :

4578

1. Lourens P. van den Bosch, Friedrich Max Muller: A Life

Devoted to the Humanities, 2002. Recent biography sets

him in the context of Victorian intellectual culture.

1.Jon R. Stone (ed.), The Essential Max Muller: On

Language, Mythology, and Religion, New York: Palgrave,

2002, ISBN 9780312293093. Collection of 19 essays; also

includes an intellectual biography.

2.Nirad C. Chaudhuri, Scholar Extraordinary, The Life of

Professor the Right Honourable Friedrich Max Muller, P.C.

(1974)

4206. The work of Muller published in 18 volumes is as

under:-

1.A History of Ancient Sanskrit Literature So Far As It

Illustrates the Primitive Religion of the Brahmans (1859),

1859

2.Lectures on the Science of Language (1864, 2 vols.),

Fifth Edition, Revised 1866

3.Chips from a German Workshop (1867-75, 5vols.)

4.Introduction to the Science of Religion (1873)

5.Lectures on the Origin and Growth of Religion as

Illustrated by the Religions of India (1878)

6.India, What can it Teach Us? (1883)

7.Biographical Essays (1884)

8.The German Classics from the Fourth to the Nineteenth

Century (1886,2Vols)

9. The Science of Thought (1887,2Vols)

10.Studies in Buddhism (1888)

11.Six Systems of Hindu Philosophy (1899)

12.Gifford Lectures of 1888–92 (Collected Works, vols. 1-

4579

4)

i Natural Religion (1889), Vol. I, Vol. 2

ii Physical Religion (1891),

iii Anthropological Religion (1892),

iv Theosophy, or Psychological Religion (1893),

13. Auld Lang Syne (1898,2 Vols), a memoir

14.My Autobiography: A Fragment (1901)

15.The Life and Letters of the Right Honourable Friedrich

Max Muller (1902, 2 vols.) Vol I, Vol II

4207. In a letter to his wife, he said:

The translation of the Veda will hereafter tell to a

great extent on the fate of India and on the growth of

millions of souls in that country. It is the root of their

religion, and to show them what the root is, I feel sure,

is the only way of uprooting all that has sprung from it

during the last 3000 years.

(Müller, Georgina, The Life and Letters of Right Honorable Friedrich Max Müller, 2 vols. London: Longman, 1902)

4208. His wife, Georgina Adelaide (died 1916) had his

papers and correspondence carefully bound; they are at the

Bodleian Library, Oxford. The Goethe Institutes in India are

named Max Muller Bhavan in his honour.

4209. Some of the other well known authorities made

available to us are Translations in English of Hindu Religious

Scriptures written in Sanskrit, by Maurice Bloomfield, Arthur

Anthony, Macdonell, F. Rosen, Rudolf Roth, F. E. Pargiter

etc. In respect to some of them, a brief biography, we may

mention hereat, which would help us in appreciating the

contents while considering their views on the matter and the

extent of fairness and justness.

4580

4210. Maurice Bloomfield born on 23rd February, 1855 in

Bielitz (Polish:Bielsko), in what was at that time Austrian

Silesia (today it is in Poland). Went to the United States in 1867

and graduated from Furman University, Greenville, South

Carolina in 1877. Thereafter he studied Sanskrit at Yale, under

W.D. Whitney. He stayed at Berlin and Leipzig for about two

years and in 1881 returned as Associate Professor at Johns

Hopkins University and was promoted soon as Professor of

Sanskrit and comparative philology. In 1896 Princeton

University bestowed the LL.D. degree upon him. He was

considered as a Sanskrit Scholar and was an American

Philologist. He translated for Max Muller's Sacred Books of the

East, the “Hymns of the Atharva-Veda (1897)”; contributed to

the section “Atharva-Veda and gopatha Brahmana (1899)”.

He was first to edit “Kauika-Sutra (1890)” and in 1907

published in the Harvard Oriental Series, “A Vedic

Concordance”. In 1905 he published Cerberus, the Dog of

Hades, a study in comparative mythology. “The Religion of the

Veda” appeared in 1908; “Life and Stories of the Jaina Savior

Parasvanatha” and “Rig Veda Repetitions” in 1916. He died

on 12th June, 1928.

4211. Macdonell, Arthur Anthony in his book “History of

Sanskrit Literature (1900)” has said:

“Hostalities breaking out afresh just then, a decree of

Napoleon, directed against all Englishmen in the country,

kept Hamilton a prisoner in Paris. During his long

involuntary stay in that city he taught Sanskrit to some

French scholars, and especially to the German romantic

poet Friedrich Schlegel. One of the results of these studies

4581

was the publication by Schlegel of his work “On the

Language and Wisdom of the Indians (1808)”. This book

produced nothing less than a revolution in the science of

language by the introduction on the cooperative and the

historical method. It led to the foundation of the science of

cooperative philology by Franz Bopp in his treatise on the

conjugational system of Sanskrit in comparison with that of

Greek, Latin, Persian and German (1816). Schlegel's

work, moreover, aroused so much zeal for the study of

Sanskrit in Germany, that the vast progress made since his

day in this branch of learning has been mainly due to the

labours of his countrymen.”

4212. Macdonall has appreciated the importance of

Ancient Indian Literature in the following words:

“The importance of ancient Indian literature as a

whole largely consists in its originality. Naturally isolated

by its gigantic mountain barrier in the north, the Indian

peninsula has ever since the Aryan invasion formed a

world apart, over which a unique form of Aryan civilization

rapidly spread, and has ever since prevailed. When the

Greeks, towards the end of the 4th century BC, invaded the

North-West, the Indians had already fully worked out a

national cultural and their own, unaffected by foreign

influences. And, inspite of successive waves of invasion and

conquest by Persian, Greeks, Scythians, Muhammadans,

the national development of the life and literature of Indo-

Aryan race remained practically unchecked and

unmodified from without down to the era of British

occupation. No other branch of the Indo-European stock as

4582

experienced an isolated evolution like this. No other

country except China can trace back its language and

literature, its religious beliefs and rites, its customs and

social customs, through an uninterrupted development of

more than three thousand years.

A few examples will serve to illustrate this

remarkable continuity in Indian civilization. Sanskrit is still

spoken as the tongue of the learned by thousands of

Brahmans, as it was centuries before our era. Nor has it

ceased to be used for literary purposes, for many books

and journals written in ancient language are still produced.

The copying of Sanskrit Manuscripts is still continued in

hundred of libraries in India, uninterrupted even by the

introduction of printing during present century. The Vedas

are still learnt by heart as they were long before the

invasion of Alexander, and could even now be restored from

the lips of religious teachers if every manuscript or printed

copy of them were destroyed. … The God Vishnu, adored

more than 3000 years ago, has countless votaries in India

at the present day.”

4213. Arthur A. Macdonall was a professor of Sanskrit and

fellow of Balliol at Corpus Christi College, Oxford.

4214. The F. Rosen, a German Scholar got published his

work on Rig-veda which actually was brought out in 1838,

shortly after his premature death. But in 1846 Rudolf Roth who

is called the "Founder of Vedic Philology" published “On the

Literature and the History of the Veda” in 1846.

4215. “Ancient Indian Historical Tradition” by F.E.

Pargiter was first published in 1922. Pargiter was a member of

4583

Indian Civil Service and retired from the office of Judge, High

Court Calcutta. He sought to examine Puranik and Epic tradition

as well as of the Rig-veda and Vedic literature to find out the

Ancient Indian History. In his preface dated March, 1922 at

Oxford he said that the current view about Ancient India is held

by the scholars based upon an examination of Veda and Vedic

literature but to the neglect of Puranic and Epic tradition.

According to him the view of the scholars at that time was that

Ancient Indian History has been fashioned out of compositions

which are purely religious and priestly, which notoriously do not

deal with history, and which totally lack the historical sense.

Justifying his approach Pargiter said that it began with the study

of the Epics and Puranas for Geographical information about

Ancient India 30 years ago, during the translation of

Markandaya Purana in order to elucidate its Geographical

chapters. Geography included political divisions and lead to an

examination of Ancient Kingdoms and so on to their dynastic

genealogies and traditions-subjects that were generally regarded

as of little or no historical value, and were practically included.

He considered the views expressed in Journal of the Royal

Asiatic Society, Journal of Asiatic Society of Bengal and Journal

of America Oriental Society. He tried to find out the order of

Rishis from the tradition by finding out the Chronological

research from the publication “Rig-veda Repetitions” by

Professor Maurice Bloomfield. He started with the preconceived

notion that the evidence of language shows that Aryans entered

into very early and established themselves ultimately throughout

North India and in the North West of the Deccan (South).

4216. We may clarify that neither we have any intention to

4584

make adverse comments against anyone nor we would like to

condemn outright what these gentleman have done. We

appreciate and acclaim their work irrespective of the reason,

motive or objective. We cannot loose sight of the fact that their

initiative in making the vedic texts known to public at large by

translating it in English ultimately has got before us the various

facets of such a rich literature which otherwise might have not

known. It is their diligence which has moved the world and has

generated inquest to go for further study and research in this

literature. For our purposes we only intend to say that the

religious old dispute between the two communities in respect

whereto the members of third community, may be in the

capacity of their official position or otherwise, have written

something which has been relied or disputed by one or the other

side in one or the other way and, therefore, while considering

the same we have to exercise due care and caution in reading

and understanding their contents. The facts as stated or noticed

by these authorities if taken on their face value may result if not

in a mistake, than a blunder.

4217. Though learned counsels appearing for Hindu

parties have commenced their submissions placing before us the

Hindu Scriptures starting from Rigveda, the first book said to

have been handed over by lord Brahma to Manu and thereafter

several vedic and other literature but with respect to the

material, which directly reflects upon the issue identifying the

disputed site with the place of birth of lord Rama, we find a

clear mention of these facts in the certain traverller'a account

written after 1600 A.D. as well as the gazetteers published in

18th and 19th Century onwards. The travellers account mainly

4585

relied in this regard are that Willium Finch, who visited

Ayodhya between 1607 to 1611 and Father Joseph Tieffenthaler

between 1740 to 1760 and Minouchi which we have already

reproduced while discussing the issues relating to date of

construction.

4218. The History of Ayodhya as contained in various

gazetteers has been placed before us in detail. Some of the part

thereof we have referred to while discussing the issues relating

to date of construction of the disputed building. However,

regarding the issue as to the birthplace of Lord Rama at the

disputed site, we may place on record the part of the gazetteers

placed before us to buttress the submissions by the learned

counsels for the Hindu parties. The first gazetteer is that of

Walter Hamilton, first published in1828 (reproduced in 1993

published by Low Price Publications, Delhi under the title “East

India Gazetter” containing particular descriptions of the

Empires, Kingdoms, Principalities, provinces, cities, towns,

districts, fortresses, harbours, rivers, lakes and, C. of Hindostan

and the adjacent Countries, India beyond the Ganges and the

eastern Archipelago. Before us is the second edition in two

volumes bound in one. On page 348 under the heading 'Oude'

(Ayodhya), it gives the following details :

“Oude.

(Ayodhya.)

This is one of the smallest provinces of Hindostan

Proper, and is situated principally between the twenty-sixth

and twenty-eighth degrees of north latitude. To the north it

is bounded by various petty districts tributary to Nepaul,

from which it is separated by a range of hills and forests; to

4586

the south by Allahabad; on the east it has Bahar, and on

the west Delhi and Agra. In length it may be estimated at

250 miles, by 100 the average breadth. The whole surface

of this province is level, and extremely well watered by

large rivers or copious streams which intersect the country,

flowing all nearly in a south-east direction. When properly

cultivated the land is extremely productive, yielding crops

of wheat, barley, rice, and other grains; sugar-cane,

indigo, poppies for opium, and all the richest articles

raised in India. The air and climate are suited to the

spontaneous generation of nitre, from the brine of which an

impure culinary salt is procured by evaporation. Lapis

lazuli is also a mineral production of Oude. The modern

subdivisions are the same as the ancient, detailed by Abul

Fazal in A.D. 1582. Of these Lucknow, Fyzabad, Khyrabad,

Baraitche, with a section of Maniepoor, compose the king

of Oude's reserved dominions, while the district of

Goruepoor belongs to his British allies. The principal

rivers are the Ganges which bound it to the west; the

Goggra, and the Goomty; the chief towns are Lucknow,

Fyzabad, Oude, Khyrabad, Baraitche, and Tanda.

The Hindoo inhabitants of Oude, Banares, and the

Doab of the Agra province, are a very superior race, both

in their bodily strength and mental faculties, to those of

Bengal and the districts south of Calcutta, although the

latter have fully as much acuteness, and more cunning. The

Rajpoots or military class here generally exceed Europeans

in stature have robust frames, and are possessed of many

valuable qualities in a military point of view. From the long

4587

predominance of the Mahomedans a considerable

proportion of the inhabitants profess that religion, and from

both persuasions a great number of the Company's best

sepoys are procured. Their martial habits were kept on the

alert, for until the supervision of Oude was assumed by the

British government the whole region was in a state of

political anarchy. Every individual travelled with the

prospect of having to defend himself against robbers, or of

exercising that vocation himself, for both of which events

he was provided. The peasantry sowed and reaped with

their swords and spears, ready for defence or plunder, as

the occasion offered; and the rents were collected by an

irregular banditti, under the denomination of an army,

which devastated the country it pretended to protect.

Oude is much celebrated in Hindoo history as the

kingdom of Dasaratha, the father of the great Rama,

who extended his empire to the island of Ceylon, which

he also subdued. At an early period after the first invasion

it was subdued by the Mahomedans, and remained, with

different vicissitudes, attached to the throne of Delhi, until

the dissolution of the Mogul empire after the death of

Aurangzabe. The first ancestor upon record of the reigning

family was Saadat Khan, a native of Rishapoor, in

Khorasan, who was appointed soubahdar of Oude during

the reign of Mohemed Shah. He was succeeded by his

nephew Safdar Jung, who died in A.D. 1756, when the

throne was acceded by his son Shuja ud Dowlah, who

reigned until 1775. On his decease his son, Asoph ud

Dowlah, became his successor, and reigned until 1797,

4588

when the dignity was for a short time usurped by a

spurious son named Vizier Ali, whose illegitimacy being

discovered, he was dethroned by Lord Teignmouth, and the

government confided to Baadet Ali, the late nabob's

brother, who was proclaimed visier of Hindostan and

nabob of Oude the 21st January 1798.

In A.D. 1790 the dominions of Oude occupied all

the flat country lying on both sides of Ganges (with the

exception of Rampoor) between that river and the northern

mountains; as also the principal portion of the fertile tract

between the Ganges and Jamna named the Doab, to within

forty miles of Delhi. Ever since the pacification between

Lord Clive and Shuja ud Dowlah, in 1765, this territory

had been protected from external enemies, its internal

peace preserved, and its dominions extended by the

assistance of a British subsidiary force, the expense of

which was defrayed by the nabobs of Oude. Subsequent to

the breaking out of the French revolution the exigence of

the times compelled a large augmentation of this standing

army, and the disbursements increased proportionally; but

owing to the mismanagement of the nabob's financial

concerns an uncertainty attended its regular payment,

although his revenues, under a proper administration, were

not only equal to all the necessary expenditure, but

capable, as the result verified, of realizing an enormous

surplus. By a fatality attending the British influence in

Hindostan, it was frequently obliged, in consequence of

remote treaties, to maintain on the throne weak and

profligate princes, who without that support would, in the

4589

natural progression of events, have been supplanted by

some more able competitors. Their dominions in the mean

time suffered by their vices, and their subjects were

abandoned to the capacity of the unprincipled associates of

their low pleasures, who by their cruelty and extortion

depopulated the country, and drove the inhabitants to a

state of desperation. These observations more especially

applied to the Oude territories during the long reign of

Asoph ud Dowlah, and as an opportunity now occurred, the

members of the Bengal presidency deemed it a duty

imposed on them to endeavor to procure for the natives a

better system of government, and at the same time remove

the uncertainty which attended the payment of the

subsidiary force.

In 1807 an extraordinary intrigue was discovered, in

which Saadet Ali's second brother, commonly called Mirza

Jungly, was implicated, which terminated in his removal

from Lucknow to Patna. In 1808 the celebrated eunuch

Almas Ali Khan died, on which event his wealth, which was

considerable, was claimed both by the Bhow Begum (the

nabob's mother) and by the nabob. The first grounded her

pretensions on the circumstances of Almas Ali having been

her servant; while the latter asserted that all the property

having been acquired in the service of the Oude

sovereignty, and from the resources of the country, the

reigning prince was the legitimate heir of a person who

could have no natural ones, and in this view of the subject

he was supported by the supreme Government. Besides

this, many other petty and vexatious disputes arose between

4590

the two begums and the nabob, who always evinced a

strong disinclination to employ British troops in

suppressing the disturbances that occasionally broke out in

the jaghires of the Bhow Begum, the younger Begum, and

other persons under the direct protection of the British

government; indeed he seemed to have no desire that they

should be suppressed by any means. According to the

construction of subsisting treaties, it did not appear that

any other measures on the part of that government were

admissible beyond those of remonstrance, and the resident

was directed to endeavour to convince his excellency of the

impolicy, as well as injustice, of countenancing

disturbances within the lands of his jaghiredars and the

danger to which the general tranquility of his country

would be exposed, not to mention the injury his own

reputation would sustain by tolerating insurrection within

the limits of his own dominions.

Such, exclusive of some petty insurrections of

reminders, were the principal causes of internal irritation.

With his powerful allies of Bengal, various collusion of

interest and authority took place, for the British

functionaries on his frontier, after several years'

experience, found that all their applications to the nabob

for the apprehension of offenders who had sought refuge

within his territories, almost invariably failed of success.

Although on these occasions this potentate issued strict

orders to his officers, they were either mere matters of

form, or so considered by the persons to whom they were

addressed. Of these two conclusions the latter seemed the

4591

most probable, as it would have greatly derogated from his

excellency's character to have supposed him indifferent to

the bringing of public offenders to justice, or that the

orders issued by him on such occasions were not intended

to be authoritative. Yet, when the feeble and inefficient

system of all native administration is considered, it might

reasonably be doubted whether he in reality possessed a

degree of control over his officers sufficient to enforce their

obedience, especially as the granting of an asylum within

jurisdictions of offenders constituted a regular source of

their profits.

On some occasions the nabob evinced a favourable

disposition, by permitting British troops to act within his

territories for the express purpose of apprehending

delinquents; but at other times he proved restive, and

withheld his consent without assigning any reason. The

inconveniences resulting from this line of conduct, and the

obstruction it occasioned to the due administration of

justice within the British districts contiguous to those of

Oude, were such, that one of the first stipulations entered

into with his successor, authorized the British magistrates

to pursue and seize public offenders within the reserved

dominions of Oude. The interior management of Saadet

Ali's territories was also extremely defective, and he was

repeatedly urged by the Bengal government to adopt a line

of conduct more creditable to himself, and more consistent

with the obligations of existing treaties; but in vain, for

although at one time he had given his consent to a reform,

he afterwords retracted it; and as no hopes of success

4592

could be entertained from any further endeavours, short of

compulsion, the further prosecution of the original

arrangement was desisted from, and all attempts at a

modification were put an end to by his unexpected death.

In 1801 a treaty was concluded, by the conditions

of which certain districts yielding a gross annual

revenue of 1,35,23,274 rupees, were ceded to the British

government, in commutation of subsidy and of every other

claim whatever. It was further stipulated, that until the

formation of a commercial treaty, mutually beneficial, the

navigation of the Ganges and of all the other boundary

rivers of the two states should remain free and

uninterrupted. When these arrangements were concluded,

Saadet Ali assumed the uncontrolled management of his

reserved territories, and being a man of abilities greatly

superiors to the generality of native princes, and habitually

disposed to business, he retained the conducting of the

affairs of government under his own immediate direction

until his death.

This event happened on the 11th July 1814, when he

was suddenly taken ill, and expired before medical

assistance could be procured, supposed from apoplexy, or

the bursting of a blood-vessel. On this emergency every

necessary precaution was taken by the resident, and the

occasion of the nabob Ghazi ud Deen Hyder took place

without the smallest interruption or disturbance. He

confirmed all the subsisting treaties; acceded with

apparent alacrity to the adjustment of many questions long

pending with the British government; and, agreeably to the

4593

course followed on the accession of his father, Saadet Ali,

assumed the title of vizier, without any reference to the

Mogul at Delhi. In 1814 and 1815 he lent the British

government two crores of rupees at six per cent.,

exhibiting the novel spectacle of a native prince a creditor

of the British government to an amount exceeding to

millions sterling, and regularly receiving the interest

thereon. At a subsequent period the transfer of the terriana,

or low country, acquired from the Nepaulese, was made the

means of redeeming one of the crores borrowed.

For almost half a century the British government had

been endeavouring to prevail on the sovereigns of Oude to

establish an improved system of administration, especially

in revenue matters, within their hereditary dominions, but

uniformly without success. The accession of Ghazi ud Deen

held out another opportunity, and at the recommendation of

the British government tehsildars (native collectors), with a

commission of ten per cent., were appointed, with a view of

making a triennial settlement to ascertain the resources of

the nabob's dominions, and fix the principles on which a

future and permanent settlement should be made. Nazims

(native judicial officers) were also appointed for the

distribution of justice. With these measures, however, the

nabob being very soon dissatisfied, he superseded them,

and promulgated regulations of his own, the result of which

threatened an extraordinary defalcation of the instalments

for the approaching year, and a recurrence to the system of

farming as established in the time of his father. Since that

distant period (1814) to the present day (1827) nothing has

4594

occurred to shew that any improved revenue and judicial

system has been seriously contemplated, far less

established. Recently, indeed, his majesty has admitted the

expediency of abolishing the farming system, and has

expressed his willingness to introduce gradually the plan of

collecting the revenue through officers immediately

responsible to government for the amount of their actual

collections, but no overt act towards the carrying of this

scheme into execution has as yet taken place.

Under an Indian prince the department of acbar

(intelligence) is a system of esplouage, which pervaded

every district of this country, as well as the court and

capital, during the life-time of Saadet Ali, and furnished

daily grounds for the imprisonment of some subject or

servant with a view to confiscation and forfeiture. The

expense of it is nearly equal to an efficient police, and the

channels of corruption and oppression which it opens, by

encouraging false accusations, are destructive to the

morals of the people and of the safety of their property, as

well as of the true interests of the sovereign. On the

accession of Ghazi ud Deen the acbar establishment was

abolished, but the system is so congenial to the habits and

principles of native chiefs, and to the personal character of

the reigning king, that he soon revived it. At the earnest

solicitation of the British government, soon after the

commencement of his reign, he appointed ostensib's

ministers for the transaction of public business; but in

process of time, after much wavering and inconsistency, the

arrangement terminated, first in their suspension, and

4595

afterwords in their dismissal. The inherent fickleness of the

nabob's disposition, his ready and implicit belief in the

scandalous reports of his news-writers, and of the

intriguing persons around him, destroy the confidence and

subvert the authority of his ministers, and preclude the

beneficial exercise of any one of their functions, so that if

one set retire or be dismissed, a similar state of affairs

within a short period of time will be produced with respect

to their successors.

On the 9th of October 1810 Ghazi ud Deen, the

reigning nabob, renounced all titular subservience to the

throne of Delhi, assuming the title of king instead of vizier

of Oude, and issuing at the same time a new currency,

impressed with his own name and legend, but of the same

weight and standard as before. This change was cheerfully

acquiesced in by the British government, whose interest it

was to detach the rich and populous province of Oude from

all subordination to the Mogul empire, or sympathy with

the Mussulman cause generally. On this occasion the ex-

nabob assumed many pompous titles, such as “king of the

age,” and “king conqueror of infidels,” hitherto peculiar

to the house of Timour, and not at all creditable to his

majesty's common sense, or complimentary to his infidel

allies. While the Marquis of Hastings was Governor-

general he used to address that nobleman and the British

government figuratively as his uncle, and the reply was

addressed to the nabob as nephew; but so much familiarity

appearing inconsistent with his augmentation of dignity, he

requested the form might be abrogated, which was done

4596

accordingly, and he is now addressed as Ghazi ud Deen

Hyder Shah (Padshahi Oude, king of Oude). In 1827 he

lent the British government a crore of rupees.

The reserved territories of Oude occupy an area of

about 21,000 square miles, and contain a population of at

least three millions ; but the sovereignty is too dependent

on the British government to be regarded as one of the

political states of Hindostan. On account of a defective

system the revenue derived from such an extent of fertile

country is very inferior to what it might be made to produce

under a more enlightened system of taxation; but the

income of the Oude sovereigns is to be estimated rather

negatively than positively, rather from the absence of

taxation than the magnitude of the receipts; for being

relieved by their alliance with the British government from

all external alarms, and having no funds or national debt,

their expenses are merely fiscal and personal; and without

diminishing the splendour of his court or the comfort of his

style of living. Ghazi ud Deen might, with the alightest

attention, annually lay aside (as was supposed to have been

done by his father, Saadet Ali) half a million sterling--

(Public MS. Documents, Marquis of Hastings, Major

Baillie, Guthrie, Rennell, & c.)

4219. The above discription from the face of it relates to

Oudh as 'Province' as it stood at that time. The township of

'Oudh' has been narrated later on at page 353 onwards under the

heading "Oude" and states:

“OUDE.--The ancient capital of the province of

Oude, situated on the south side of the Goggra, seventy

4597

nine miles east from Lucknow; lat, 260 48' N., lon. 820 4' E.

By Abul Fazel in 1582 it is described as follows. “Oude is

one of the largest cities of Hindostan. In ancient times this

city is said to have measured 148 coss in length and thirty-

six coss in breadth. Upon sifting the earth which is round

this city small grains of gold are sometimes found in it.

This town is esteemed one of the most sacred places of

antiquity.”

Pilgrims resort to this vicinity, where the remains of

the ancient city of Oude, and capital of the great Rama,

are still to be seen; but whatever may have been its former

magnificence it now exhibits nothing but a shapeless

mass of ruins. The modern town extends a considerable

way along the banks of the Goggra, adjoining Fyzabad,

and is tolerably well peopled; but inland it is a mass of

rubbish and jungle, among which are the reputed site of

temples dedicated to Rama, Seeta, his wife, Lakshman,

his general, and Hanimaun (a large monkey), his prime

minister. The religious mendicants who perform the

pilgrimage to Oude are chiefly of the Ramata sect, who

walk round the temples and idols, bathe in the holy pools,

and perform the customary ceremonies.”

4220. Dr. Buchanan was appointed to make a survey of the

area within the reign of East India Company in early 19th century

by an order of Lord Wellesley. Between 1807 to 1814 Dr.

Buchanan surveyed the area which mainly consisted of Bengal,

Bihar and Eastern part of the present U.P. including Ayodhya

and sent his documents to the Head Office of the Company in

London in 1816 but could not complete his report. Subsequently,

4598

it was studied by Robert Montgomery Martin, an official of the

Company at London and he got published “Eastern India” in

1838 (supra) wherein the details of Oudh were mentioned in

Vol. II, pages no. 331 to 337. The relevant extract of this book

we have already quoted above in para 1600 of this judgment

while discussing the issues relating to the person and period-

who and when constructed the disputed building.

4221. Edward Thornton's Gazetteer titled as “A Gazetteer

of the Territories under the Government of the East-India

Company and of the native States on the Continent of India”

(in short “Thornton's Gazetteer, 1858”), first published in 1858

and reproduced in 1993 by Low Price Publications, Delhi (Book

No. 10). Descriptions of “Oudh” given by Sri Thornton on page

739 (Ex.5 Suit 5) was placed before us to show that it mention

about a Temple at Janamsthan, demolished for constructing

mosque on the site.

4222. From preface of the book it does appear that the

General Courts of the East India Company authorised 'Edward

Thornton', Esq. to compile and publish an authentic Gazetteer of

India. The said author had already prepared a “Gazetteer of

India” in 1854 in four volumes. Thereafter under the authority

of the Court of Directors of East India Company compiled a

single volume of “Gazetteer of the Territories under the East

India Company and of the native States on the continent of

India”. The book does not give any information about Edward

Thornton, namely, about his qualifications, position he held at

that time etc. The book which has been placed before the Court

mentioned that it was first published in 1858 and reprinted in

1893.

4599

4223. On page 735 it contains the details of the province

"OUDE" wherefrom it appears that the province Oude covered a

number of divisions and sub-divisions covering, Aldemau,

Pertabgurh, Pachhamrat, Bainswara, Salon, Ahladganj, Gonda,

Bahraich, Sarkar Khairabad, Sandi, Rasulabad and Lucknow.

The details of divisions and sub-divisions contained on page 737

are as under:

"The kingdom contains the following divisions and

subdivisions:--I. Chakla Sultanpore, containing

pergunnahs: 1. Sultanpore, 2. Jagdispore, 3. Chanda, 4.

Isauli, 5. Tappa Asl, 6. Bilahri. II. Chakla Aldemau,

containing pergunnahs: 1. Aldemau, 2. Akbarpore, 3.

Dostpore, 4. Berhar, 5. Tanda. III. Chakla Pertabgurh,

containing pergunnahs: 1. Pertabgurh, 2. Amethi, 3.

Dalipore Palti. IV. Chakla Pachhamrat, containing

pergunnahs: 1. Manglasi, 2. Rat Haveli or Faizabad, 3.

Rampore. V. Chakla Bainswara, containing pergunnahs:

1. Ranjitpurua, 2. Harha, 3. Ateha, 4. Mauhranwa, 5.

Kumranwa, 6. Daundiakhera, 7. Hasnganj, 8. Majranw, 9.

Haidargarh, 10. Rae Bareli, 11. Dalamau, 12. Sarendi, 13.

Bardar. VI. Chakla Salon, containing pergunnahs: 1.

Salon Khas, 2. Parsadipore, 3. Jayis, 4. Ateha. VII. Chakla

Ahladganj, containing pergunnahs: 1. Ahladganj, 2. Bihar,

3. Manikpur, 4. Rampore. VIII. Chakla Gonda Bahraich,

containing pergunnahs: 1. Bahraich, 2. Gonda Khas, 3.

Muhammadabad, 4. Bari, 5. Atraula. IX. Chakla Sarkar

Khairabad, containing pergunnahs: 1. Khairabad, 2.

Nimkharmisrik, 3. Khirilahrpur, 4. Bangar, 5. Muhemdi, 6.

Biligram, 7. Fattehpur Biswa, 8. Sandila, 9. Malihabad,

4600

10. Kakori, 11. Bijnaur, 12. Kasmandi, 13. Kalanwa. X.

Chakla Sandi, containing pergunnahs: 1. Sandi, 2. Pali, 3.

Saromnagar, 4. Shahabad. XI. Chakla Rasulabad,

containing pergunnahs: 1. Safipur, 2. Rasulabad or

Miyanganj, 3. Asiman, 4. Unnaw or Onaw, 5. Muhan. XII.

Chakla Lucknow, containing pergunnahs: 1. Rudauli

Daryabad, 2. Goshaenganj, 3. Dewe-Jahangirabad, 4.

Kursi, 5. Sidhaur."

4224. Thereafter again on page 739 (Ex.5 Suit-5) under the

same title, namely, "OUDE" it has given the details of the town

which we understand and also not disputed by the parties as to

that referred to Ayodhya. The entire description of Oude town

(Ayodhya) in the aforesaid Gazetteer 1858 by Thornton is as

under:

"OUDE.--A town in the kingdom of the same name. It is

situate on the right bank of the river Ghogra, which

Buchanan considers here to be "fully larger than the

Ganges at Chunar," and which is navigable downwards to

its mouth, upwards to Mundiya Ghaut, in the district of

Bareilly. It extends about a mile in a south-east direction,

from the adjoining recent city of Fyzabad; the breadth of

the town is something less from north-east to south-west, or

from the river landwards. The greater part of the site is on

gently-swelling eminences; but to the north-west, or

towards Fyzabad, is low. Most of the houses are of mud,

and thatched, though a few are tiled. Here, in a large

building a mile from the river, is an extensive

establishment, called Hanumangurh, or Fort of Hanuman,

in honour of the fabled monkey-god the auxiliary of Rama.

4601

It has an annual revenue of 50,000 rupees, settled on it by

Shuja-ud-daulah, formerly Nawaub Vizier. It is managed by

a Malik or abbot, the spiritual superior; and the revenues

are dispensed to about 500 bairagis or religious ascetics,

and other Hindoo mendicants of various descriptions; no

Mussulman being allowed within the walls. Other

establishments of similar character are Sugrimkilla, Ram-

Parshad-Ka-Kana, and Bidiya-Kund; maintaining

respectively 100, 250 and 200 bairagis. Close to the town

on the east, and on the right bank of the Ghogra, are

extensive ruins, said to be those of the fort of Rama,

king of Oude, hero of the Ramayana, and otherwise

highly celebrated in the mythological and romantic

legends of India. Buchanan observes, "that the heaps of

bricks, although much seems to have been carried away by

the river, extend a great way; that is, more than a mile in

length, and more than half a mile in width; and that,

although vast quantities of meterials have been removed

to build the Mahomedan Ayodha or Fyzabad, yet the

ruins in many parts retain a very considerable elevation;

nor is there any reason to doubt that the structure to

which they belonged has been very great, when we

consider that it has been ruined for above 2,000 years."

The ruins still bear the name of Ramgurh, or "Fort or

Rama;" the most remarkable spot in which is that from

which, according to the legend, Rama took his flight to

heaven, carrying with him the people of his city; in

consequence of which it remained desolate until repeopled

by Vikramaditya, king of Oojein, half a century before the

4602

Christian era, and by him embellished with 360 temples.

Not the smallest traces of these temples, however, now

remain; and according to native tradition, they were

demolished by Aurungzebe, who built a mosque on part

of the site. The falsehood of the tradition is, however,

proved by an inscription on the wall of the mosque,

attributing the work to the conqueror Baber, from

whome Aurungzabe was fifth in descent. The mosque is

embellished with fourteen columns of only five or six

feet in height, but of very elaborate and tasteful

workmanship, said to have been taken from the ruins of

the Hindoo fanes, to which they had been given by the

monkey-general Hanuman, who had brought them from

Lanka or Ceylon. Altogether, however, the remains of

antiquity in the vicinity of this renowned capital must give

a very low idea of the state of arts and civilization of the

Hindoos at a remote period. A quadrangular coffer of

stone, whitewashed, five ells long, four broad, and

protruding five or six inches above ground, is pointed

out as the cradle in which Rama was born, as the

seventh avatar of Vishnu; and is accordingly abundantly

honoured by the pilgrimages and devotions of the

Hindoos. Ayodha or Oude is considered by the best

authorities to be the most ancient city in Hindostan; and

Prinsep mentions that some of its coins in the cabinet of the

Asiatic Society of Bengal are of such extreme antiquity that

the characters in which their legends are graven are totally

unknown. According to Elphinstone, "from thence the

princes of all other Indian countries are sprung."

4603

Buchanan conjectures that it was founded by Brahmins,

whom he considers as an immigrant race, more advanced

in civilization than the indigenous Indians. "These

personages came from western Asia, introducing with them

the Sanskrit language, generally admitted to be radically

the same with the Persian dialect; while the languages

spoken among all the rude tribes that inhabit the fastnesses

of India, and which are, probably, remains of its ancient

tongue, have no sort of analogy to the languages of the

West." This author supposes the city to have been

founded by Vaiwaswata, one of this race, about 1,366

years before the Christian era. He considers that its

renowned rule Rama perished A.C. 775, involved in the

destruction of his city by the hostile confederacy of his

sons; that being rebuilt, it suffered a similar fate under

the reign of Vridhabala, A.C. 512; and having lain from

centuries desolate, was rebuilt A.C. 57, by Vikramaditya,

the celebrated king of Oojein. Tod, however, and Wilford,

fond of large numbers, place the foundation of Ayodha

in an era more than 2,000 years B.C. The former writer

states, without comment, a tradition that Lucknow, distant

eighty miles from the present city of Oude, was formerly

one of its suburbs. The great decline of Oude is of

comparatively recent date, as it is described in the Ayeen

Akbery as one of the largest cities of Hindostan; and it is

farther stated, "In ancient times this city is said to have

measured 148 cose [perhaps 200 miles] in length, and

thirtysix cose in breadth. It is esteemed one of the most

sacred places of antiquity." With the havili or municipal

4604

district attached, the city is assessed in the Ayeen Akbery at

50,209 rupees, a sum so moderate as to throw discredit on

the previous statement of its being one of the greatest cities

of India. The present population, according to Butter, is

8,000, including 500 Mussulmans. Distant E. from

Lucknow 75 miles, N. from Allahabad 95. Lat 26* 47',

long. 82* 11'." (emphasis added)

4225. “Archaeological Survey Of India Four Reports

Made During the Years 1862-63-64-65” by Alexander

Cunningham, Director General of the Archaeological Survey of

India, first edition published in 1871, reprinted in 2000; (Book

No. 43) (hereinafter referred to as “Cunningham's Report,

1871”) dealt with Ayodhya from page 317 to 327. Ex. 6, Suit-5

(Register Vol. 20 Page 25-34) is a photocopy of the map i.e.

Plate XLIX taken from Archaeological Survey of India Four

Report 1862-63-64-65 Vol. 1 by Alexander Cunningham. It is

sought to be pointed out that in the aforesaid map the disputed

place in Ayodhya has been shown as Janam Sthan and there is

no mention of any mosque existing when the said report was

prepared. We find that in the aforesaid map Sarayu, Lakshmana

Ghat, Janam Asthan, Hanuman Garhi, Mani-Parbat and tombs of

Seth and Job are shown. From Pages 27-34 of Register Vol.20

are the photocopies of the pages No.320 to 327 of Vol.I of

Alexander Cunningham's report i.e. Paper No.107C1/13-16A

i.e. Ex.6, Suit-5. It also gives some description of the birth place

temple of Rama, and other details. However, he mistook the city

of “Visakha” described by “Hwen Thsang” or “Sha-chi”

referred to by “Fa Hian” same as the Saket or Ayodhya. This

identification has not been found correct in the subsequent

4605

reports.

4226. Cunningham, before embarking upon the aforesaid

work, it appears, submitted a memorandum proposing

investigation of the archaeological remains of upper India and

it's comments in respect to the work done till then regarding

ancient history was mostly unreliable having been prepared

cursorily or without any proper investigation. It would be useful

to refer to his own comments contained on page III and IV of

the Preface as under :

“During the one hundred years of British dominion

in India, the Government has done little or nothing towards

the preservation of its ancient monuments, which, in the

almost total absence of any written history, form the only

reliable sources of information as to the early condition of

the country. Some of these monuments have already

endured for ages, and are likely to last for ages still to

come; but there are many others which are daily suffering

from the effects of time, and which must soon disappear

altogether, unless preserved by the accurate drawings and

faithful descriptions of the archaeologist,

" All that has hitherto been done towards the

illustration of ancient Indian history has been due to the

unaided efforts of private individuals. These researches

consequently have always been desultory and unconnected

and frequently incomplete, owing partly to the short stay

which individual officers usually make at any particular

place, and partly to the limited leisure which could be

devoted to such pursuits.

" Hitherto the Government has been chiefly occupied

4606

with the extension and consolidation of empire, but the

establishment of the Trigonometrical Survey shews that it

has not been unmindful of the claims of science. It would

redound equally to the honor of the British Government to

institute a careful and systematic investigation of all the

existing monuments of ancient India.”

4227. He also gave a guiding factor, which he would

follow stating that the footsteps of Chinese pilgrim Hwen

Thsang would be the basis of his investigation as is evident from

the following :

" In describing the ancient geography of India, the

elder Pliny, for the sake of clearness, follows the footsteps

of Alexander the Great. For a similar reason, in the present

proposed investigation, I would follow the footsteps of the

Chinese pilgrim Hwen Thsang, who, in the seventh century

of our era, traversed India from west to east and back

again for the purpose of visiting all the famous sites of

Buddhist history and tradition. In the account of his

travels, although the Buddhist remains are described in

most detail with all their attendant legends and traditions,

yet the numbers and appearance of the Brahmanical

temples are also noted, and the travels of the Chinese

pilgrim thus hold the same place in the history of India,

which those of Pausanias hold in the history of Greece.”

4228. It is this memorandum of Cunningham, which was

forwarded for appointment by the Governor General of India in

Council on 22nd January 1862.

4229. From the Chapter “Introduction” of Cunningham's

report, 1871, it would appear as to what was the earlier

4607

historical literature available to the English historians which was

considered and available to Cunningham and other persons who

had written Indian history and in particular the ancient. Just in

brief, we propose to refer hereat the material, which was

considered by Cunningham in his report so as to give an idea

about its authenticity, correctness etc. and the depth of his study.

Cunningham has admitted the commencement of work with the

foundation of Asiatic Society of Bengal in 1784 by Sir William

Jones having its first member Warren Hastings and Charles

Wilkins who claimed themselves to be the first Englishman

having acquired knowledge of Sanskrit and cut with his own

hands the first Devanagari and Bengali types.

4230. As already noted Jones translated Sanskrit literature,

namely, Sakuntala” and the institutes of Manu. His first work

was to establish a systematic and uniform system of orthography

for the transcription of Oriental languages, which, with a very

few modifications, has since been generally adopted. It was

followed by several essays- On Musical Modes- on the origin of

the game of chess, which he traced to India and -On the Lunar

Year of the Hindus and their Chronology. In his last paper he

made the identification of Chandra-Gupta with Sandrakottos. He

also suggested that Palibothra or Pataliputra, the capital of

Sandrakottos, must be Patna and the Son River, which joins

Ganges only a few miles above Patna, was also known as

“Hiranyabahu” or the “golden-armed,” which at once re-called

the Erranoboas of Arrian.

4231. William Jones died in 1794 resulting in disruption of

the work he started. However, it was taken over by the Henry

Colebrooke, who completed “Digest of Hindu Law”, which

4608

was left unfinished by Jones. In the meantime, Charles Wilkins

had translated several inscriptions in the first and second

volumes of Asiatic Researches, but after the death of Jones,

communication with him stopped. Some work by writing a

paper on “Hindu astronomy cycle of Jupiter” was performed

by Samuel Davis.

4232. An Engineer Officer, Francis Wilford said to be a

Sanskrit scholar, commenced his work “Essay on the

comparative Geography of India” but could not finish it due to

his death though his said unfinished work was published in

1851.

4233. Henry Colebrooke referred above had a good

knowledge of Sanskrit language. Besides translations of Visala

Deva's inscriptions on the Delhi pillar and a few others he

wrote “Essay on the Vedas,” giving for the first time a full and

accurate account of the sacred volumes of the Hindus to

Europeans. He also wrote Essay on the Sanskrit and Prakrit

languages; on the Philosophy of the Hindus; on the Indian and

Arabian divisions of the Zodiac; on the notions of Hindu

astronomers concerning the Precession; and on the Algebra of

Brahma Gupta and Bhaskara. He left India India in 1815 but

continued with his studies and essays till his death, i.e., 10th of

March 1837.

4234. The survey conducted by Dr. Buchanan

(subsequently took the name of Hamilton) between in 1807 to

1814, as already said, was ultimately published and edited by

Sir Montgomery Martin in 1838.

4235. Around 1815 Horace Hayman Wilson became

Secretary of the Asiatic Society. He translated “Megha-duta” of

4609

Kalidasa. In 1819, he got published “Sanskrit Dictionary” and

in 1827 “Hindu Theatre”. Besides, he also translated stories

from Sanskrit and of some episodes from Mahabharata. In 1825

he published an essay on the Hindu history of Kashmir but

returned to England in 1833 where he continued with his

Oriental studies. His two principle works are an account of the

coins and antiquities of Afghanistan, contained in “Ariana

Antiqua” and his translation of “Rig-Veda”.

4236. From 1833 to 1837 translation of some important

inscriptions was provided by "Dr. Mill" considered to be

"Sanskrit Scholar". Then comes "James Prinsep", said to be

responsible for partial decipherment of the Arian Pali legends of

the Bactrian Greek coins as well as decipherment of the Indian

Pali legends of the coins of Surashtra, decipherment and

translation of the edicts of Asoka on the pillars at Delhi and

Allahabad. He was also in the process of decipherment of some

other inscriptions etc. but fell ill hence returned to England and

died on 22.07.1840. The work of Prinsep paved way and caused

a great momentum to Indian Archaeology which was continued

by "James Fergusson", "Markham Kittoe", "Mr. Edward

Thomas", and by "Cunningham" in Northern India; "Sir Walter

Elliot" in Southern India; and "Colonel Meadows Taylor", "Dr.

Stevenson" and "Dr. Bhau Daji" in Western India.

4237. Cunningham noticed that from 1784 i.e. from the

foundation of Asiatic Society by Sri William Jones till 1834 the

Archaeological researches in India had been primarily literary

besides a few notable exceptions. It had been confined to

translations of books and inscriptions, with brief notes of the

some of the principal building at Delhi and Agra and other well

4610

known places. Exceptions are the essays by "Hones",

"Wilford", "Colebrooke" and "Wilson" on the religion, the

geography and the astronomy of the Hindus. He said that "True

history was then but little known, and the lying gabble of

Brahmans, which connected every place with the wanderings of

Rama or the exile of the five Pandus, was accepted as the real

voice of genuine tradition." It is claimed that the Masson's

researches in Kabul Valley, Ventura's Court's explorations in

Punjab, Cunningham's excavation of stupa at Sarnath, Banaras

and of the ruins around gave some idea about the unknown

Indian history. However, the facts available were found to be

bare and unconnected, mere fossil fragments of the great

skeleton of lost Indian history, though the entire skeleton yet

was not available, but, the researchers thought to have got a

complete or a fair knowledge of the general outline and of the

various forms which it had assumed at different period. In this

regard, the first archaeological publication was made by "James

Fergusson", i.e., "Rock-cut temples of India, 1845". However, in

respect to determination of period of the work, Fergusson was

not very certain and of the view that inscriptions will not

certainly by themselves answer the purpose. Cunningham,

however, deferred with him on this aspect and said that

"inscriptions are beyond all doubt, the most certain and the most

trustworthy authority for determining the dates of Indian

monuments, whether buildings or caves."

4238. Cunningham demonstrated the error in calculation

of the period by referring to caves of Kanhari in Salset.

Fergusson determined the period in the 4th or 5th century, but

based on decipherment of the inscriptions found thereat and

4611

particularly in one of the inscription the date of 30 of the

Sakaditya-kala, or AD 108 was mentioned and thus

Cunningham treated it of the first and second century of the

Christian era showing difference of about 4 centuries between

his and Fergusson's determination of period.

4239. Another illustration Cunningham has given at page

XXI of the Chapter "Introduction" of the book "Report, 1871"

which reads as under:

"The Karle caves Mr. Fergusson is inclined to assign

to the first, or even the second century before Christ. One

of the caves is certainly older than the Christian era, as it

possesses an inscription of the great Satrap King

Nahapana. But there are two others of King Pudumayi, the

sons of Vasithi, whom I place in the beginning of the second

century of the Christian era, but whom Mr. Fergusson

assigns to the middle of the fourth century, although in his

chronology he admits that Ananda, also a son of Vasithi,

and therefore most probably a brother of Pudumayi, and

the founder of one of the gateways of the Great Sanchi

Tope, lived towards the end of the first century."

4240. Fergusson published some more books namely,

"Picturesque Illustrations of Ancient Architecture in India",

"Handbook of Architecture (1855)", "History of Architecture",

"Illustrated History of Indian Architecture" and lastly "Tree

and Serpent Worship".

4241. "Markham Kittoe" was an Officer in the Army of

East India Company, appointed as Secretary Committee for a

short period in 1838 and 1839 and then given charge of one of

the division of the High Road from Calcutta to Bombay, leading

4612

through Chutia Nagpur till 1846 and then was appointed as

"Archaeological Enquirer" to Government, went back to

England in 1853. He wrote "Illustration of Indian Architecture

in 1838". He prepared the design of Sanskrit College at Banaras

which was approved and the building was constructed in his

supervision. However, Cunningham expressed doubt about his

scholarship and judgement as an investigator and gave the

following illustration:

"I may cite his continued doubts as to the identity of

Asoka and Piyadasi, and his serious suggestion that the

Barabar Cave inscription of Dasaratha, which Prinsep had

truly assigned to the historical Dasaratha of Magadha, one

of the immediate successors of Asoka, might probably be

referred to the half fabulous Dasaratha of Ayodhya, the

father of Rama."

4242. Kittoe, however, described himself in one of his

letter dated 19.05.1852 sent to Cunningham as under:

"Let me not lead you to suppose that I claim knowledge. I

am woefully deficient. I am a self-educated man, and no

Classic or Sanskrit scholar; I merely claim a searching eye

and mind, and a retentive memory of figure and fact, and

place or position. Hence my great success in finding

inscriptions where many have searched in vain!--Cuttack

and Gya to wit."

4243. "Edward Thomas" wrote several essays covering

the period BC-246 to AD-1554. The list of some of which is as

under under:

"1. 1848--Journal of Royal Asiatic Society, Vol. IX.,--

Coins of the Hindu Kings of Kabul.

4613

2. 1848--Ditto ditto, Vol. IX.,--Coins of the Kings of

Ghazni.

3. 1850--Ditto Ditto, Vol. XII., Coins of the Sah Kings

of Saurashtra.

4. 1855--Journal, Bengal Asiatic Society, Vol.

XXIV.,--On the Epoch of the Gupta Dynasty.

5. 1855--Ditto ditto, Vol. XXIV.,--On the Coins of the

Gupta Dynasty.

6. 1855--Ditto ditto, Vol. XXIV.,--On ancient Indian

Numerals.

7. 1858--Prinsep's Indian Antiquities, 2 Vols., thick

8vo; with numerous plates of coins, and many able

independent notices, bringing the state of knowledge in

each branch up to the date of publication.

8. 1860--Journal, Royal Asiatic Society, Vol. XVII.,--

Supplementary Notice of the Coins of the Kings of Ghazni.

9. 1864--Journal, Bengal Asiatic Society, Vol.

XXXIV.,--On ancient Indian Weights (continued in the same

journal for 1835).

10. 1865--Ditto ditto, Vol. XXXV.,--On the identity of

Xandrames and Krananda.

11. 1866--Ditto ditto, Vol. XXXVI.,--The Initial

Coinage of Bengal.

12. 1871--Chronicles of the Pathan Kings of Delhi."

4244. In South, Colonel Machenzie collected 8,076

inscriptions mainly in the Tamilian provinces to the south of

Krishna River while Sir Walter Elliot collected 595 inscriptions

mainly in ancient Karnataka, amongst the upper branches of the

Krishna. Sir Elliot's first contribution was his Historical Sketch

4614

founded solely on the inscriptions of the principal dynasties

which had rule over the countries between the Narbada and the

Krishna for nearly 8 centuries. Of these Chalukya family was

the oldest and the strongest and its line has been traced back to

the early part of the 4th century by the discovery of other

inscriptions. Sir Walter also illustrated the history of Chalukyas

and other southern dynasties by their coins. He was the first to

arrange the coins systematically. All the coins bearing the type

of an elephant were assigned to the Gajapati dynasty, which was

asserted to have reigned over Orissa; all those with a horse to

the Aswapati dynasty; those with the figure of a man to the

Narapati dynasty; and those with an umbrella to the Chhatrapati

dynasty. These were believed to have been the titles of four

tributary princes who held the four chief provinces of Southern

India under the rule of one supreme sovereign of Delhi.

4245. In respect to Western India some work was done by

Colonel Meadows Taylor and Reverend J. Stevenson but heir

findings and observations have not been found to be much

accurate by Cunningham. The work in Western India was

continued by Dr. Bhau Daji, a local scholar who wrote essay on

Poet Kalidasa and translated inscriptions in the Ajanta caves and

that of Rudra Dama and Skanda Gupta at Junagarh and wrote

"Inroads of the Scythians into India".

4246. All these works show that the antiquity of the

country in one or the other manner continued to be revealed by

process of excavation etc. but what could not be find out by the

time or thereafter would not mean that it does not or did not

exist.

4247. However, the part of the report of Cunningham

4615

referred to by Sri P.N.Mishra and R.L.Verma, Advocates is as

under:

“XVII. SAKETA, OR AJUDHYA.

Much difficulty has been felt regarding the

position of Fa-Hian's" great kingdom of Sha-chi, and

of Hwen Thsang's Visakha, with its enormous number of

heretics," or Brahmanists; but I hope to show in the most

satisfactory manner that these two places are identical,

and that they are also the same as the Saketa and

Ajudhya of the Hindus. The difficulty has arisen chiefly

from an erroneous bearing recorded by Fa Hian, who

places Shewei, or Sravasti, to the south of Sha-chi, while

Hwen Thsang locates it to the north-east, and partly from

his erroneous distance of 7+3+10=20 yojans, instead of

30, from the well-known city of Sankisa. The bearing is

shown to be erroneous by the route of a Hindu pilgrim from

the banks of the Godavery to Sewet, or Sravaati, as

recorded in the Ceylonese Buddhist works. This pilgrim,

after passing through Mahissati and Ujani, or Maheshmati

and Ujain, reaches Kosambi, and from thence passes

through Saketa to Sewet, that is, along the very route

followed by Hwen Thsang. We have, therefore, two

authorities in favour of Sewet being to the north of Saket.

With regard to the distance, I refer again to the Buddhist

books of Ceylon, in which it is record that from Sakespura

(or Sangkasyapura, now Sankisa) to Sewet was a journey

of 30 yojans. Now, Fa Hian makes the distance from

Sankisa to Kanoj 7 yojans, thence to the forest of Holi, on

the Ganges, 3 yojans, and thence to Shachi 10 yojans, or

4616

altogether only 20 yojans, or 10 less than the Ceylonese

books. That Fa Hian's statement is erroneous is quite clear

from the fact that his distance would place Shachi in the

neighbourhood of Lucknow; whereas the other distance

would place it close to Ajudhya, or Faizabad, or in the very

position indicated by Hwen Thsang's itinerary. Here,

again, we have two authorities in favour of the longer

distance. I have no hesitation, therefore, in declaring that

Fa Hian's recorded bearing of She-wei from Sha-chi is

wrong, and that "north" should be read instead of " south."

I have now to show that Fa Hian's Sha-chi is the

same as Hwen Thsang's Visakha, and that both are

identical with Saketa or Ajudhya. With respect to Sha-chi,

Fa Hian relates that, on " leaving the town by the southern

gate, you find to the east of the road the place where

Buddha bit off a piece of his tooth brush, and planted it in

the ground, where it grew to the height of seven feet, and

never increased or diminished in size." Now this is

precisely the same legend that is related of Visakha by

Hwen Thsang, who says that " to the south of the capital,

and to the left of the road (that is, to the east as stated by

Fa Hian), there was, amongst other holy objects, an

extraordinary tree 6 or 7 feet high, which always remained

the same, neither growing nor decreasing. This is the

celebrated tooth-brush tree of Buddha, to which I shall

have occasion to refer presently. Here I need only notice

the very precise agreement in the two descriptions of this

famous tree, as to its origin, its height, and its position. The

perfect correspondence of these details appears to me to

4617

leave no doubt of the identity of Fa Hian's Shachi with the

Visakha of Hwen Thsang.

With respect to the identification of Visakha with the

Saketa of the Hindus, I rest my proofs chiefly on the

following points : — 1st, that Visakha, the most celebrated

of all females in Buddhist history, was a resident of Saketa

before her marriage with Purnna Varddhana, son of

Mrigara, the rich merchant of Sravasti; and 2nd, that

Buddha is recorded by Hwen Thsang to have spent six

years at Visakha, while by the Pali annals of Turnour he is

stated to have lived 16 years at Saketa.

The story of the noble maiden Visakha is related at

great length in the Ceylonese books. According to Hardy,

she erected a Purvvarama at Sravasti, whioh is also

mentioned by Hwen Thsang. Now there was also a

Purvvarama at Saketa, and it can hardly be doubted that

this monastery was likewise built by her. She was the

daughter of Dhananja, a rich merchant, who had

emigrated from Rajagriha to Saketa. Now, amongst the

oldest inscribed coins which have been discovered only at

Ajudhya, we find some bearing the names of Dhana Deva

and Visakha-Datta. I mention this because it seems to me to

show the probability that the family of Dhananja and

Visakha was of great eminence Saketa or Ayodhya; and I

infer from the recurrence of their names, as well as from

the great celebrity of the lady, that the city may possibly

have been called Visakha after her name.

The other proof which I derive from the years of

Buddha's residence is direct and convincing. According to

4618

the Ceylonese annals, Buddha was 35 years of age when he

attained Buddhahood; he then led a houseless life for 20

years, preaching in various places in Northern India, all of

which are detailed; and of the remaining 25 years of his

life he spent 9 in the Jetavana monastery at Sravasti, and

16 in the Pubharamo monastery at Saketapura. Now, in the

Burmese annals, these numbers are given as 19 years and 6

years, and in the last figure we have the exact number

recorded by Hwen Thsang. Nothing can be more complete

than this proof. There were only two places at which

Buddha resided for any length of time, namely, Sravaati, at

which he lived either 9 or 19 years, and Saketa, at which he

lived either 6 or 16 years; and as according to Hwen

Thsang he lived for 6 years at Visakha, which is described

as being at some distance to the south of Sravasti, it

follows of necessity that Visakha and Saketa were one

and the same place.

The identity of Saketa and Ayodhya has, I believe,

always been admitted; but I am not aware that any proof

has yet been offered to establish the fact. Csoma-de-koroa,

in speaking of the place, merely says "Saketana or Ayo-

dhya," and H. H. Wilson, in his Sanskrit Dictionary, calls

Saketa "the city Ayodhya." But the question would appear

to be set at rest by several passages of the Ramayana and

and Raghuvansa, in which Saketnagara is distinctly called

the capital of Raja Dasaratha and his sons. But the

following verse of the Ramayana, which was pointed out to

me by a Brahman of Lucknow, will be sufficient to establish

the identity. Aswajita, father of Kaikeyi, offers to give his

4619

daughter to Dasaratha, Rajah of Saketanagara: -

Saketam nagaram Raja namna Dasaratho bali,

Tasmai deya maya Kanya Kaikeyi nama to jana.

The ancient city of Ayodhya or Saketa is described in

the Ramayana as situated on the bank of the Sarayu or

Sarju River. It is said to have been 12 yojans, or nearly 100

miles in circumference, for which we should probably read

12 kos, or 24 miles—an extent which the old city, with all

its gardens, might once possibly have covered. The

(distance from the Guptar Ghat on the west, to the Ram

Ghat on the east, is just 6 miles in a direct line; and if we

suppose that the city with its suburbs and gardens formerly

occupied the whole intervening space to a depth of two

miles, its circuit would have agreed exactly with the

smaller measurement of 12 kos. At the present day the

people point to Ram Ghat and Guptar Ghat as the

eastern and western boundaries of the old city, and the

southern boundary they extend to Bharat-Kund near

Bhadarsa, a distance of 6 kos. But as these limits include

all the places of pilgrimage, it would seem that the people

consider them to have been formerly inside the city, which

was certainly not the case. In the Ain Akbari, the old city is

said to have measured 148 kos in length by 36 koa in

breadth, or in other words it covered the whole of the

Province of Oudh to the south of the Ghaghra River. The

origin of the larger number is obvious. The 12 yojans of the

Ramayana, which are equal to 48 kos, being considered too

small for the great city of Rama, the Brahmans simply

added 100 kos to make the size tally with their own

4620

extravagant notions. The present city of Ajudhya, which

is confined to the north-east corner of the old site, is just

two miles in length by about three-quarters of a mile in

breadth; but not one-half of this extent is occupied by

buildings, and the whole place wears a look of decay.

There are no high mounds of ruins, covered with broken

statues and sculptured pillars, such as mark the sites of

other ancient cities, but only a low irregular mass of

rubbish heaps, from which all the bricks have been

excavated for the houses of the neighboring city of

Faizabad. This Muhammadan city, which is two miles

and-a-half in length, by one mile in breadth, is built chiefly

of materials extracted from the ruins of Ajudhya. The

two cities together occupy an area of nearly six square

miles, or just about one-half of the probable size of the

ancient Capital of Rama. In Faizabad the only building of

any consequence is the stuccoed brick tomb of the old Bhao

Begam, whose story was dragged before the public during

the famous trial of Warren Hastings. Faizabad was the

capital of the first Nawabs of Oudh, but it was deserted

by Asaf-ud-daolah in A. D. 1775.

According to the Ramayana, the city of Ayodhya

was founded by Manu, the progenitor of all mankind. In

the times of Dasaratha, the father of Rama, it was fortified

with towers and gates, and surrounded by a deep ditch. No

traces of these works now remain, nor is it likely, indeed,

that any portion of the old city should still exist, as the

Ayodhya of Rama is said to have been destroyed after the

death of Vrihadbala in the great war about B. C. 1426,

4621

after which it lay deserted until the time of

Vikramaditya. According to popular tradition this

Vikramaditya was the famous Sakari Prince of Ujain, but

as the Hindus of the present day attribute the acts of all

Vikramas to this one only, their opinion on the subject is

utterly worthless. We learn, however, from Hwen Thsang

that a powerful Prince of this name was reigning in the

neighbouring city of Sravasti, just one hundred years after

Kanishka, or close to 78 A. D., which was the initial year of

the Sake era of Salivahana. As this Vikramaditya is

represented as hostile to the Buddhists, he must have been

a zealous Brahmanist, and to him therefore I would

ascribe the re-building of Ayodhya and the restoration of

all the holy places referring to the history of Rama,

Tradition says that when Vikramaditya came to Ayodhya

he found it utterly desolate and overgrown with jangal,

but he was able to discover all the famous spots of

Rama's history by measurements made from Lakshman

Ghat on the Sarju, according to the statements of ancient

records. He is said to have erected 360 temples, on as many

different spots, sacred to Rama, and Sita his wife, to his

brothers Lakashmana, Bharata, and Satrughna, and to the

monkey god Hanumana. The number of 360 is also

connected with Salivahana, as his clansman the Bais

Rajputs assert that he bad 360 wives.

There are several very holy Brahmanical temples

about Ajudhya, but they are all of modem date, and

without any architectural pretensions whatever. But there

can be no doubt that most of them occupy the sites of

4622

more ancient temples that were destroyed by the

Musulmans. Thus Ramkot, or Hanuman Garki, on the

east side of the city, is a small walled fort surrounding a

modem temple on the top of an ancient mound. The

name Ramkot is certainly old, as it is connected with the

traditions of the Mani Parbat, which will be hereafter

mentioned; but the temple of Hanuman is not older than

the time of Aurangzib. Ram Ghat, at the north-east corner

of the city, is said to be the spot where Rama bathed, and

Sargdwari or Swargadwari the " Gate of Paradise." On the

north-west is believed to be the place where his body was

burned. Within a few years ago there was still standing a

very holy Banyan tree called Asok Bat or the " Griefless

Banyan," a name which was probably connected with that

of Swargadwari, in the belief that people who died or were

burned at this spot were at once relieved from the necessity

of future births. Close by is the Lakshman Ghat, where his

brother Lakshman bathed, and about one-quarter of a

mile distant, in the very heart of the city, stands the

Janam Asthan, or " Birth-place temple" of Rama.

Almost due west, and upwards of five miles distant, is the

Guptar Ghat, with its group of modem white-washed

temples. This is the place where Lakshman is said to have

disappeared, and hence its name of Guptar from Gupta,

which means "hidden or concealed." Some say that it -was

Rama who disappeared at this place, but this is at variance

with the story of his cremation at Swargadvari.

The only remains at Ajudhya that appear to be of any

antiquity, are three earthen mounds to the south of the city,

4623

and about a quarter of a mile distant. These are called

Mani Parbat, Kuber, Parbat, and Sugrib-Parbat. The

first, which is nearest to the city, is an artificial mound, 65

feet in height, covered with broken bricks and blocks of

kankar. The old bricks are eleven inches square and three

inches thick. At 46 feet above the ground on the west side,

there are the remains of a curved wall faced with kankar

blocks. The mass at this point is about 40 feet thick, and

this was probably somewhat less than the size of the

building which once crowned this lofty mound. According

to the Brahmans the Mani-Parbat is one of the hills which

the monkeys made use of when assisting Rama. It was

accidentally dropped here by Sugriva, the monkey-king of

Kishkindhya. But the common people, who know nothing of

this story, say that the mound was formed by the labourers

shaking their baskets on this spot every evening on their

return home from the building of Ramkot. It is therefore

best known by the name of Jhowa-Jhar or Ora Jhar, both of

which mean " basket-shakings." A similar story is told of

the large mounds near Banaras, Nimsar, and other places.

Five hundred feet due south from tho large mound

stands the second mound called Kuber-Parbat, which is

only 28 feet in height. The surface is an irregular heap of

brick rubbish, with numerous holes made by the people in

digging for bricks, which are of large size, 11 inches by 7 ¼

by 2. It is crowned by two old tamarind trees, and is

covered with jangal. Close by on the south-west there is a

small tank, called Ganes-Kund by the Hindus, and

Husen Kund or Imam Talao by the Musulmans, because

4624

their Tazias are annually deposited in it. Still nearer on

the south-east there is a large oblong mound called

Sugrib-Parbat, which is not more than 8 or 10 feet above

the ground level. It is divided into two distinct portions;

that to the north being upwards of 300 feet square at top,

and the other to the south upwards of 200 feet. In the center

of the larger enclosure there is a ruined mound containing

bricks 8 ½ inches square, and in the center of the smaller

mound there is a well.

Between the Mani and Kuber mounds there is a

small Muhammadan enclosure, 64 feet long from east to

west and 47 feet broad, containing two brick tombs,

which are attributed to Sis Paighambar and Ayub

Paighambar, or the "prophets Seth and Job." The first is

17 feet long and the other 12 feet. These tombs are

mentioned by Abul Fazl, who says—"Near this city are two

sepulchral monuments, one seven and the other six cubits

in length. The vulgar pretend that they are the tombs of

Seth and Job, and they relate wonderful stories of them."

This account shows that since the time of Akbar, the

tomb of Seth must have increased in length from 7

cubits, or 10 ½ feet, to 17 feet through the frequent

repairs of pious Musulmans.

The mounds are surrounded by Musulmans tombs,

and as it is the Muhammadan practice to bury the dead

along the sides of the high roads close to their cities, I infer

that the road which now runs close to the westward of the

mounds, is one of the ancient high ways of the district. This

is confirmed by the existence of an old masonry bridge of

4625

three arches over the Tildhi nala, to the north-west of the

Mani-Parbat, as well as by the direction of the road itself,

which leads from the south-end of the city straight to the

Bharat-kund, and onwards to Sultanpur or Kusapura, and

Allahabad or Prayaga. I notice this road thus minutely,

because the identifications which I am about to propose are

based partly on its position and direction, as well as on the

general agreement of the existing remains with the holy

places described by the Chinese pilgrims.

According to Fa Hian the place where Buddha

planted the holy trees was to the east of the road, on

issuing from the town by the southern gate. Hwen Thsang's

account agrees with this exactly in placing the

"extraordinary tree" to the south of the capital and to the

left of the route. This tree was the celebrated " tooth

brush," or twig used in cleaning the teeth, which having

been cast away by Buddha, took root and grew to between

6 and 7 feet in height. Now, it will be observed that the

ruined mounds that still exist, as well as the tombs of Seth

and Job, are to the south of the city and to the east or left of

the road. The position, therefore, is unmistakably the same

as that described by the Chinese pilgrims, and as the actual

state of the ruins agrees well with the details given by

Hwen Tbsang, I think that there can be no reasonable

doubt of their identity.

Hwen Thsang describes the city of Visakha as

being 16 li, or 2 2/3 miles in circuit. In his time, therefore,

the capital of Kama was not more than half of its present

size, although it probably contained a greater population,

4626

as not above one-third, or even perhaps less, of the present

town is inhabited. The old city then possessed no less than

twenty monasteries with three thousand monks and about

fifty Brahmanical temples, with a very large

Brahmanical population. From this account we learn

that so early as the seventh century more than three

hundred of the original temples of Vikramaditya had

already disappeared, and we may therefore reasonably

infer that the city had been gradually declining for some

time previously. The Buddhist monuments, however, would

appear to have been in good order, and the monks were just

as numerous as in the eminently Buddhist city of Banaras.

The first monument described by Hwen Thsang is a

great monastery without name, but as it was the only

notable monastery, it was most probably either the

Kalakarama of Saketa, or the Purvvarama, both of which

are mentioned in the Ceylonese Mahawanso. The monks

were of the school of the Samattiyas, and their monastery

was famous for having produced three of the most eminent

Buddhist controversialists. This monastery I would

identify with the Sugrib Parbat which I have already

described as being about 500 feet long by 300 feet broad.

The great size and rectangular form of this ruin are

sufficient to show that it must have been a monastery,

but this is placed beyond all doubt by the existence of an

interior well and by the remains of cloistered rooms

forming the four sides of the enclosure. Its position to the

south of the city, and to the east or left of the road, has

already been specially noticed as agreeing with the

4627

recorded position of the monastery.

Beside the monastery there was a Stupa of Asoka,

200 feet in height, built on the spot where Buddha

preached the law during his six years' residence at Saketa.

This monument I would identify with the Mani-Parbat,

which is still 65 feet in height, and which with its masonry

facing must once have been at least as high again, and with

the usual lofty pinnacle of metal may easily have reached a

height of 200 feet. Hwen Thsang ascribes the erection of

this monument to Asoka, and I see no reason to question

the accuracy of his statement, as the mixed structure of

half earth and half masonry must undoubtedly be very

ancient. The earliest Stupas, or topes, were simple

earthen mounds or barrows, similar to those that still

exist in England. There are many of these barrows still

standing at Lauriya-Navandgarh to the north of Bettiya,

but this is the only place where I have yet seen them. They

are undoubtedly the most ancient monuments of the

Indian population, and I firmly believe that even the

very latest of them cannot be assigned to a lower date

than the fifth century before Christ. I base this belief on

the known fact that all the monuments of Asoka's age,

whether described by Hwen Thsang, or actually opened

by myself near Bhilsa, are either of stone or brick. The

earthen- barrows are therefore of an earlier age; but such

as are Buddhist cannot possibly be earlier than the

beginning of the fifth century before Christ. In the case of

the Mani-Parbat at Ajudhya I infer that the earthen barrow,

or lower portion, may belong to the earlier ages of

4628

Buddhism, and that the masonry or upper portion was

added by Asoka. At the foot of the mound I picked up a

broken brick with the letter sh, of the oldest form, stamped

upon it; but as this is almost certainly of later date than

Asoka, it most probably did not belong to the Mani-Parbat

building.

Hwen Thsang next describes the sites of the tooth-

brush tree and of the monument where the four previous

Buddhas used to sit and to take exercise, as being close to

the great Stupa. These places I would identify with the

court-yard containing the tombs of Seth and Job, which

touches the south side of the Mani-Parbat. The two tombs

I take to be the remains of the seats of the four previous

Buddhas, and the paved court-yard to be the scene of their

daily walks, although I was unable to trace their foot-

marks, which were seen by the Chinese pilgrim.

The last monument described by Hwen Thsang is a

Stupa containing the hair and nails of Buddha. This was

surrounded by a number of smaller monuments which

seemed to touch one another, and by several tanks which

reflected the sacred buildings in their limpid waters. The

Stupa I would identify with the Kuber-Parbat, which

touches the south side of the enclosure round the tombs of

Seth and Job, and is close to the west side of the ruined

monastery. One of the tanks described by the pilgrim may

be the Ganes- Kund, which has already been noticed; but

all the smaller monuments have disappeared long ago,

as they afforded cheap and ready materials for the

construction of the numerous Muhammadan tombs, as

4629

well as of the neighboring bridge and mosque. If I am

right in my identification of this mound as the remains of

the Stupa containing the hair and nails of Buddha, I think

that an excavation in the centre of the mound might,

perhaps, verify the accuracy of my conclusions.

The people are unanimous in their assertion that the

old city to the north of these mounds was called Bareta.

Ayodhya or Ajudhya, they say, was the capital of Rama,

but the later city was called Bareta. As this name has no

similarity either to Saketa or Visakha, I can only set it

down as another appellation of the old town, for which we

have no authority but tradition. I was disappointed when

at Ajudhya in not hearing even the most distant allusion to

the legend of the tooth-brush tree of Buddha, but the

tradition still exists, as I heard of it quite unexpectedly at

two different places immediately afterwards, first at Halila,

distant 15 miles, and next at Gonda, 29 miles to the north

of Ajudhya.”

4248. We also find from the aforesaid report of

Cunningham that he also discussed A-yu-to or Ayodhya of

Hwen Thsang and according to his view, it was not the Ayodhya

of Lord Rama. The discussion is on page 293 to 296 and reads

as under :

“XI. A-YU-TO, OR AYODHYA.

From Kanoj the two Chinese pilgrims followed

different routes, Fa Hian having proceeded direct to Ska-

chi (the modem Ajudhya, near Fyzabad on the Ghaghra),

while Hwen Thsang followed the course of the Ganges to

Prayag, or Allahabad. The first stage of both pilgrims

4630

would, however, appear to be the same. Fa Hian states that

he crossed the Ganges and proceeded 3 yojans, or 21

miles, to the forest of Holi, where there were several Stupas

erected on spots where Buddba had "passed, or walked, or

sat." Hwen Thsang records that he marched 100 li, nearly

17 miles, to the town of Nava-deva-kula, which was on the

eastern bank of the Ganges, and that at 5 li, or nearly 1

mile, to the south-east of the town there was a Stupa of

Asoka, which was still 100 feet in height, besides some

other monuments dedicated to the four previous Buddhas. I

think it probable that the two places are the same, and that

the site was somewhere near Nobatganj, just above the

junction of the Isan River and opposite Nanamow Ghat.

But as there are no existing remains anywhere in that

neighborhood, the place has been most likely swept away

by the river. This is rendered almost certain by an

examination of the Ganges below the junction of the Isan.

Formerly the river continued its course almost due south

from Nanamow for many miles, but some centuries ago it

changed its course first to the south-east for 4 or 5 miles,

and then to the south-west for about the same distance,

where it rejoined its old bed, leaving an island, some 6

miles in length by 4 in breadth, between the two channels.

As Hwen Thsang's account places Nava-deva-kula on the

very site of this island, I conclude that the town as well as

the Buddhist monuments must all hare been swept away by

the change in the river's course.

On leaving Nava'deoa-kula, Hwen Thsang proceeded

600 li, or l00 miles, to the south-east, and re-crossing the

4631

Ganges he reached the capital city of A-yu-to, which was

20 li, or upwards of 3 miles, in circuit. Both M. Julien and

M. St. Martin have identified this place with Ayodhya, the

once celebrated capital of Rama. But though I agree with

them as to the probable identification of the name as that of

the country, I differ with them altogether in looking for the

capital along the line of the Ghaghra River, which is due

cast from Kanoj, whereas Hwen Thsang states that his

route was to the south-east. It is, of course, quite possible

that the pilgrim may occasionally use the generic name of

Ganges as the appellation of any large river, such, for

instance, as the Ghaghra; but in the present case, where

the recorded bearing of south-east agrees with the course

of the Ganges, I think it is almost certain that the Ganges

itself was the river intended by the pilgrim. But by adopting

the line of the Ganges we encounter a difficulty of a

different kind in the great excess of the distance between

two such well known places as Kanoj and Prayag.

According to Hwen Thsang's route, he first made 100 li to

Nava-deva-kula, then 600 li to Ayutko, then 300 li by water

to Hayamukha, and lastly 700 li to Prayaga. All these

distances added together make a total of 1,700 li, or 283

miles, which is just 100 miles, or 600 li, in excess of the

true distance. But as a part of the journey, viz., 300 li, or 50

miles, was performed by water, the actual excess may,

perhaps, not be more than 85 or 90 miles; although it is

doubtful whether the distance of 300 li may not have been

the road measurement and not the river distance. It is

sufficient for our purpose to know that Hwen Thsang's

4632

recorded measurement is somewhere about 100 miles in

excess of the truth. The only explanation of this error that

suggests itself to me is, that there may have been an

accidental alteration of one set of figures, such as 600 li for

60 li, or 700 li for 70 li. Supposing that the former was the

case, the distance would be shortened by 540 li, or 90

miles, and if the latter, by 630 li, or 105 miles. This mode of

correction brings the pilgrim's account into fair

accordance with the actual distance of 180 miles between

Kanoj and Prayag.

By adopting the first supposition, Hwen Thsang's

distance from Nava-deva-kula to the capital of Ayutho will

be only 60 li, or 10 miles, to the south-east, which would

bring him to the site of an ancient city named Kakupur, just

1 mile to the north of Seorajpoor, and 20 miles to the north-

west of Cawnpoor. If we adopt the latter correction, the

pilgrim's distance to Ayutho of 600 li, or 100 miles, will

remain unchanged, and this would bring him via Manikpur,

which is also an ancient place. By the first supposition the

subsequent route would have been from Kakupur to

Daundiakhera by boat, a distance of exactly 50 miles, or

300 li, and from thence to Prayag, a distance of more than

100 miles, which agrees with the 700 li, or 116 miles, of the

pilgrim. By the second supposition the subsequent route

would have been from Khara to Papamow by water, about

50 miles, and thence to Prayag, about 8 miles of land,

which agrees with the 70 li of the proposed correction. In

favour of this last supposition is the fact that the bearing

from Khara to Papamow of east by south is more in

4633

accordance with Hwen Thsang's recorded east direction

than the south-east bearing of Daundiakhera from

Kakupur. I confess, however, that I am more inclined to

adopt the former correction, which places the chief city of

Ayutho at Kakupur, and the town of Hayamukka at

Daundiakhera, as we know that the last was the capital of

the Bais Rajputs for a considerable period. I am partly

inclined to this opinion by a suspicion that the name of

Kakupur may be connected with that Bagud, or Vagud, of

the Tibetan books. According to this authority a Sakya,

named Shampaka, on being banished from Kapila retired to

Bagud, carrying with him some of Buddha's hairs and nail-

parings, over which he built a chaitya. He was made King

of Bagud, and the monument was named after himself (?

Shyampaka Stupa). No clue is given as to the position of

Bagud; but as I know of no other name that resembles it, I

am induced to think that it is probably the same place as

the Ayutho of Hwen Thsang, which was also possessed of a

Stupa containing some hairs and nail-parings of Buddha.

Kakupur is well-known to the people of Kanoj, who affirm

that it was once a largo city with a Raja of its own. The

existing remains of Kakupur consist of numerous

foundations formed of largo bricks, and more particularly

of a connected set of walls of some large building which the

people call " the palace." I have not yet visited this place,

winch lay out of my line of route, but I hope to have an

opportunity of examining it hereafter.”

4249. However, in the meantime Robert Montgomery

Martin published another work in two volumes, i.e., "The

4634

History of the Indian Empire" first published in 1983 by

Mayur Publications Delhi. In his Introduction part the author

gave a very brief history of India and then the experience,

Britishers had vis a vis Hindu and Muslims, and strategy to be

adopted to consolidate their gains. This itself is revealing and an

eye opener.

"INTRODUCTION.

The Anglo-Indian Empire! What do these words represent

in the minds of the people of Britain?

They speak of dominion over a far-distant sunny

land, rich in barbaric gold, precious stones, and

architectural beauty, occupying upwards of a million

square miles of the most varied, fertile, and interesting

portion of this globe, and inhabited by more than one

hundred million of the human race.

The early history of this wonderful country lies hid in

deep obscurity. Not the obscurity that naturally attends

insignificance, but, far otherwise, caused by the dense veil

which Time drew around Ancient India, in thickening folds,

during centuries of deterioration; leaving the ruins of

magnificent cities, and widely-scattered records graven in

mysterious characters on almost imperishable materials, to

attest the existence of civilised races-regarding whom even

tradition is silent-at a date long prior to the Christian era.

Whence India was peopled, is quite unknown; but

thirty different languages, and an equal diversity of

appearance and character, dress, manners, and customs,

seem to indicate long-continued immigration from various

quarters.

4635

The Alexandrine era (B.C. 330) throws light on little

beyond the Macedonian invasion of the north-western

frontier; the Arab incursions (A.D. 709) afford only a few

glimpses of the borders of the Indus; and the thirteen

expeditions of Mahmood the Ghuznivede (A.D. 1000 to

1025), give little beyond a vague and general idea of the

wealth of the country and the dense population of the

Western Coast, whose idolatry Mahmood was empowered

to scourge with the strong arm of an Iconoclast; though he

himself was but an instrument in the hands of Providence;

and in battering down guardian fortresses and destroying

temples and shrines dedicated to false gods, had evidently

no higher motive than that of pillaging the dedicated

treasures, and carrying away the worshippers into slavery.

From this period we can faintly trace the progress of

Mohammedan conquest in India, to the establishment of the

dynasty known as the Slave Kings of Delhi (A.D. 1208.) Its

founder, Kootb-oo-deen, originally a Turki slave,

established the centre of Moslem dominion in the grand old

Hindoo capital, chiefly by reason of the disunion which had

arisen among the leading Rajpoot princes upon the failure

of a direct heir, and the consequent jealousies and disputes

regarding the succession.

Then the page of history becomes more and more

legible until it records the invasion of Timur or Tamerlance

(A.D. 1398), the terrible details of the siege of Delhi, and

the general massacre in which it terminated; and all the

horrors enacted before "the apostle of desolation" took his

departure, carrying off men and women of all ranks and

4636

ages into slavery, and leaving the devoted city without a

government, and almost without inhabitants.

The succeeding Indian annals, though confused, are

tolerably full to the commencement of that important epoch

which comprises the reigns of the Great Moguls. This

brings us within the pale of modern history: we can note

the growth and decay of Mogul dominion, and trace, at

least in measure, the operating causes of its extension and

decline. Viewed as a mere series of biographies, the lives of

the Great Moguls attract by incidents, which the pen of

fiction, fettered by attention to probability, would hardly

venture to trace. The members of this dynasty had a

decidedly literary turn, and several of them have left

records not only of the public events in which they played a

leading part, but also of the domestic scenes in which they

figured as sons, husbands, or fathers.

The value of these memoirs in elucidating or

corroborating the histories of the period, is, of course, very

great, and their authenticity rests on solid grounds, apart

from the strong internal evidence they afford of having

been actually written by the persons whose names they

bear.

Nothing can be more characteristic than the intense

self-adulation with which Timur, or Tamerlane, narrates his

perfidious and sanguinary career, except perhaps the

peculiar power of observation and analysis brought to bear

on new scenes which mark the autobiography of his

descendant Baber, who, following in his footsteps, invaded

India from Cabool, and, after a fierce struggle on the

4637

plains of Paniput (A.D. 1526), gained easy possession of

Delhi and Agra, and succeeded in laying the foundation of

an extensive empire.

Humayun (A.D. 1530), Akber (A.D. 1556), Jehangeer

(A.D. 1605), Shah Jehan (A.D. 1638), all encountered

vicissitudes of the most singular and varied character; and

the Mogul history increases in interest until it culminates in

the long reign of Aurangzebe (A.D. 1658), the ablest and

most powerful, but the most ambitious and bigoted of his

race. During his sway the predatory hordes of

Maharashtra were formed by the Hindoo adventurer,

Sevajee, into a powerful state; the hated and despised

Mahrattas grew strong upon the spoil of independent

kingdoms demolished by the haughty emperor; and finally,

his troops, worn by incessant toil, became mutinous for

want of pay and provisions, and suffered their aged leader

to be hunted even to the death by foes he had been

accustomed to treat as utterly contemptible. The decay of

the empire, which commenced several years before the

death of Aurungzebe (A.D. 1707), then became rapid;

usurping viceroys, rebelling against their government and

warring with the rulers of neighbouring states or

provinces, aggravated the internal disorganisation. Nor

were external foes wanting to complete the work of

destruction: adventurers of all creeds and complexions

fought fiercely over the ruins; while, distancing meaner

competitors, Nadir Shah (A.D. 1739) and Ahmed Shah

(A.D. 1759), the robber kings of Persia and Affghanistan,

swooped down like vultures to secure their share of the

4638

carcass; and the chief cities of India, especially Delhi,

repeatedly witnessed the most sanguinary enormities, and

continued to do so until, one by one, they became gradually

included in the widening circle of British supremacy.

And why dwell thus on the past at such a crisis as

this, when the magic circle of our power has been rudely

broken- when Delhi, filled to overflowing with all the

munitions of war, has been treacherously snatched from our

unsuspecting hands- and when the Crescent, raised again

in deadly strife against the Cross, has been reared aloft as

if in testimony that the Moslems who came into India

proclaiming war to the death against idolatry, have quite

abandoned their claim to a Divine mission, and are

affecting to make common cause with the Hindoos, whose

creed and practice they formerly declaimed against with so

much horror and disgust? Now Mohammedans and

Hindoos unite in committing crimes of a character so

deep and deadly, so foul and loathsome, that we find no

parallel for them; not in the relentless, inventive

vengeance of the Red Indians; not even in that crisis of

civilised infidelity, that fierce paroxysm of the French

Revolution, still shudderingly called the "Reign of

Terror." The Red Republicans made public avowal of

atheism; and awful was the depravity into which they sank,

world-wide the shame they incurred: but recantation soon

followed. These treacherous Sepoys, who have so

suddenly risen in a body, violating every oath of fidelity,

every tie of feeling and association-they, too, have their

watchword: it is not "there is no God;" it is "Death to

4639

the Christians!"

As in France, no religions persecution, but rather a

state of conventional apathy, leavened by the poison of

Voltaire, Diderot, Condorcet, and their clique, preceded the

atheistical and sanguinary outburst; even so has it been

with India. Efforts for the extension of Christianity have

been wholly exceptional; the rule has been tolerance,

amounting to indifference, in all religious matters. Few

who have been in the habit of reading Indian periodicals,

much less of mixing in Indian society, will deny that,

however manifest the desire for the diffusion of the Gospel

might be in individuals, the government had remained

markedly neutral.

The Mussulmans, let it be repeated, subjugated and

governed India in the character of anti-idolaters. They

tolerate—and barely tolerated—the heathenism around

them, to which their aversion was, for the most part, quite

undisguised; and they were always eager for individual

conversions. Their open assertion of the superiority of their

faith was viewed as natural by the Hindoos; nor does any

angry feeling appear to have been excited, save in

exceptional cases of actual persecution. Aurungzebe

certainly alienated a large portion of his subjects by

reviving a long-abandoned capitation-tax on infidels; and

whether he did this from a desire to refill the treasury

emptied by incessant warfare, or from sheer bigotry, the

result was the same. Many causes (among which may be

named, not as the avowed ones, but certainly not as the

least powerful—sloth and sensuality, fostered by an

4640

enervating climate) have concurred in rendering the Indian

followers of Mohammed comparatively regardless of that

integral portion of their creed which enjoins its extension

by all and every means. But no earnest believer in the

Koran can be tolerant of idolatry; and therefore, when

we hear of Moslem and Hindoo linked together in a

most unprovoked crusade against Christians, it is

manifest that the pretext is altogether false, and that the

Mussulman, who is taught by the book he deems

inspired never to name our Blessed Lord without

reverence, or idols without abhorrence, cannot now be

actuated by any religious motive, however perverted or

fanatical, in violating the first principles of his faith and

by affected sympathy with the professors of a creed

heretofore declared utterly polluted and debasing, using

them as dupes and tools in carrying out an incendiary plot,

the planned details of which only Devil-worshippers,

possessed by unclean spirits, could have been supposed

capable of conceiving and executing. The conspiracy,

beyond a doubt, has originated in the desire of the

Mohammedans to recover their lost supremacy in India. Its

immediate and secondary causes are involved in temporary

obscurity; but the primum mobile must be sought for in the

pages of history. It is true the flame has spread like

wildfire: but the important question for those who are

capable of grappling with the complicated bearings of this

all-engrossing subject, is not—what hand applied the

match? but how came such vast masses of combustibles to

be so widely spread, so ready for ignition?

4641

To understand this in any satisfactory degree, the

inquirer must be content to begin at the beginning, by

carefully weighing the fragmentary records we possess of

the history and character of the Hindoos as a distinct

people, nothing the causes which led to their gradual

subjugation by the Moslems; next, those which paved the

way for the introduction of European Power; and, lastly,

the establishment and operation of British supremacy

throughout India.

The indifference which the British nation and its

rulers have so long evinced to the study of Asiatic history,

has been most unfortunate. Wrapped in fancied security, we

have been too ignorant to be anxious, too indolent to be

watchful; and the few who have felt it an imperative duty to

speak words of warning by bringing the experience of the

past to bear upon the signs of the present, have found

themselves set down as alarmists on this point at least,

whatever their general character for ability and sound

judgment. Yet the fact is certain, that almost every leading

authority from the date of our earliest assumption of

territorial power, has dwelt forcibly on the necessity for

unsleeping vigilance in the administration of Indian affairs.

This conviction has been the invariable result of extensive

acquaintance with the natives, and it is abundantly

corroborated by the recorded antecedents of both Hindoos

and Mohammedans.

The history of India, whether in early times or during

the Mohammedan epoch, is—as the brief outline sketched

in preceding pages was designed to indicate—no less

4642

interesting as a narrative than important in its bearing on

the leading events of the present epoch, which, in fact,

cannot, without it, be rendered intelligible. The struggles of

European Powers for Asiatic ascendancy, form leading

features in the annals of each of these states. Portugal was

first in the field, and long and fierce was the combat she

waged to maintain exclusive possession of the rich

monopoly of Oriental commerce. The Dutch (then known as

the Netherlanders) enjoyed a share of the profits in the

capacity of carriers between the Portuguese factories and

the northern nations of Europe; but when, in 1579, they

formed themselves into a separate government in defiance

of the power of Philip of Spain, that monarch, who then

governed with an iron sceptre the united kingdoms of Spain

and Portugal, forbade the employment of the Dutch as

intermediaries - a prohibition which led to their trafficking

on their own account, forming various trading settlements

in the East in the commencement of the seventeenth

century, and supplanting their former employers.

The first attempts of England were made, at the same

period, by a company of London merchants, warmly

encouraged by the Queen, who signed a charter on their

behalf on the last day of the sixteenth century. During the

following century the English continued to be simply

traders, with no cravings for political or territorial

aggrandisement - absorbed in the business of buying and

selling, and anxious only for the safety of their fleet, which

rapidly became more formidable and extensive in

proportion to the rich freight it was destined to bear

4643

through seas infested with pirates, and frequently

preoccupied by hostile European squadrons.

The eighteenth century opened upon an entirely new

phase of Indian annals. The decay of Mogul power, which

had, as has been stated, commenced before the death of

Aurungzebe in 1707, was greatly accelerated by that event,

and by the war of succession which followed, as a natural

consequence, the death of a mogul emperor. The will of the

deceased ruler decreed the division of his dominions

among his sons; and had they consented to this

arrangement, and cordially united in carrying it out, their

allotted portions might possibly have been consolidated

into distinct kingdoms. But brotherly love rarely flourished

under the shadow of a despotic throne; and the House of

Timur formed no exception to this rule, having evinced a

remarkable tendency to fratricide throughout the entire

period of its Indian career. The younger sons of

Aurangzebe went to war with their elder brother, each on

his own account, and died the death they had provoked,

leaving the survivor, Bahadur Shah, to rule as best he

might the scattered territories styled the Empire. Anything

more devoid of organisation - of any approach to unity -

than the so-called Empire, cannot well be conceived. When

Auraungzebe snatched the sceptre from the hands of his

father, Shah Jenhan, and condemned him to life-long

captivity, the dominions he usurped were comparatively

well governed, and might, under the sway of a ruler of such

unquestionable ability, such indomitable perseverance,

have been consolidated into a comparatively homogeneous

4644

mass. But the unhallowed ambition at whose shrine he had

sacrificed the liberty of his father and the lives of his

brothers, still hurried him on, rendering him reckless of the

internal decay which was manifestly at work in the very

heart of his kingdom, while he was lavishing his resources

in spreading desolation and ruin, famine and the sword,

through every independent kingdom within his reach -

extending his own only in name, throwing down

governments and ancient land-marks, yet erecting none in

their stead; becoming terrible as a destroyer, when he

might have been great as a statesman and a consolidator.

A right view of the character of Aurungzebe, and a

patient investigation of his career, is absolutely necessary

to the obtainment of a clear insight into the state of India at

the period when the English East India Company began to

exchange their position of traders on sufferance for that of

territorial lords. The first steps of this strange

transformation can hardly be said to have been voluntary.

The English merchants were still essentially traders. An

examination of the East India House records (and no

attempt had ever been made to garble or hide them away

from friend or foe), will prove to the most prejudiced

observer, that, as a body, they persistently opposed the

acquisition of dominion. Nothing short of complete

indifference can account for the excessive ignorance of

Indian politics manifested in their official correspondence.

It may, indeed, be urged that English factors in a foreign

land, in addition to their characteristic reserve, are

naturally much engrossed by the duties and cares of their

4645

calling, and, apart from prejudice, may well be excused for

a degree of preoccupation which prevents them from

making any very vigorous effort to penetrate the barriers of

language and creed, manners and customs, which separate

them from the people with whom they come to traffic. A

time arrived, however, when the English could no longer be

blind to the alarming political and social state of India.

Every year, much more every decade, the disorganisation

increased. Certain native Hindoo states, such as Mysoor,

Travancore, the little mountainous principality of Coorg,

and a few others, had been exempted, by their position or

their insignificance, from Moslem usurpation. With these

exceptions, strife and anarchy spread over the length and

breadth of India. It was no organised struggle of race or

creed; for Mussulman fought against Mussulman, Hindoo

against Hindoo, and each against the other; Affghan

warred with Mogul, Mogul with Rajpoot; Mahratta with

all. The hand of every man was raised against his

neighbour: the peasant went armed to the plough - the

shepherd stood ready to defend his flock with his life; the

energy and determination of local authorities kept up some

degree of order in their immediate districts; but, in general,

the absence of a government strong enough to protect its

innocent subjects from internal vice or external vice or

external aggression, was manifested in the fearful audacity

with which the Pindarry, Dacoity, and Thug, the trained

marauder, thief, and assassin, pursued their murderous

avocations, in the blaze of noon as in the darkness of

midnight.

4646

The Hindoos fell back upon the ancient village

system, which the usurping Mohammedans had vainly

striven to destroy; and the internal organisation of these

little municipalities, each possessing its own Potail or

Mayor, enabled them to parry, or at least rally from,

attacks from without.

The English laboured for the effectual fortification of

the various factories gradually established in different

parts of India, and included, according to their situation, in

the three presidencies of Calcutta, Madras, and Bombay.

Armed neutrality, however, would have been barely

practicable, even so far as the numerous warring native

powers were concerned. The conduct of their European

rivals rendered such a position quite untenable. The French

East India Company had, so far as trade was concerned,

proved a decided failure: its employes were very inferior to

the English as factors; but as political agents, they

possessed diplomatic instincts peculiar to themselves.

Dumas, Dupleix, and the gifted La Bourdonnais, saw

clearly the opportunity afforded for the territorial

establishment of their nation, and they eagerly took part in

the quarrels around them, making offensive and defensive

alliances with the neighbouring states, interfering in cases

of disputed succession, and taking, with bold and

unfaltering steps, the apparent road to political power.

None of the English functionaries approached their rivals

in ability; but they could not be blind to the increasing

danger of their situation; and the example set by the

French, of drilling native troops and organising them as far

4647

as possible in accordance with European notions, was

followed throughout the British settlements. Then came the

inevitable struggle between the two powers whose

unsleeping rivalry had so often evidenced itself in strife

and bloodshed at the very ends of the earth. At first they

met in indirect hostility as the auxiliaries of native princes;

but the first indications of European war were eagerly

seized on as a cause for direct opposition, and a fierce

struggle ensued, which eventually left the English complete

masters of the field. While the Carnatic, in which Madras is

situated, was the scene of this context, the English in

Bengal were subjected to the most oppressive exactions by

the usurping Mohammedan governor, Surajah Dowlah,

whose seizure and pillage of Calcutta in June, 1756, was

marked by the horrible massacre of the "Black Hole"--a

deed which, up to that period, even Mohammedan annals

can hardly equal in atrocity; but to which, after the lapse of

a hundred years, many terrible parallels have been

furnished.

The tidings spread like wildfire through the British

settlements, and the conviction became deep and general,

that it would be madness to trust to the faith or humanity of

such men as the depraved Surjah Dowlah and his Moslem

compeers. The Mogul empire had become an empty name

so far as the distant provinces were concerned, and there

was absolutely no native state either strong enough to

protect the English settlements, or just enough to be

trusted. Never was the indomitable resolve of Britons in a

foreign land more sternly tested, or more triumphantly

4648

evinced, than when their fortunes seemed at the lowest ebb

—when the French and the Mohammedans, in different

quarters, menaced their overthrow and extinction. "To

drive these dogs into the sea!" was then, as now, the fervent

aspiration of every Moslem regarding every European. But

they wished to squeeze the orange before they threw away

the rind. They were themselves divided, and had plans of

individual aggrandizement to carry out against each other,

and generally over the Hindoos; and they well knew the

value of European co-operation and instruction in the art

of war.

The recapture of Calcutta was speedily effected by a

force of 900 European troops and 1,500 Sepoys,

commanded by a ci-devant writer, who had turned soldier,

and risen to distinction in the Carnatic war.

Robert Clive—for it was he—looked round and saw

the opportunity offered for exchanging the precarious

footing then occupied by his countrymen for one of far

greater importance and security. The Hindoos were daily

becoming more impatient of the Mohammendan yoke, and

the haughty Mussulmans were themselves divided

regarding their ruler, whose reckless profligacy and violent

temper had given many of them provocation of a

description which excites, in an Oriental, feelings of the

fiercest and most enduring revenge. The English watched

the course of affairs with deep anxiety, and soon

ascertained that, in violation of a treaty entered into after

the reconquest of Calcutta, Surajah Dowlah was plotting

with the French for their destruction. Unquestionably, this

4649

procedure justified them in adopting hostile measures

against their treacherous foe; though it does not even

palliate some of the minor details, in which the crooked

policy of Clive appears in painful contract to his bravery as

a soldier and his skill as a general. The result was the

battle of Plassy (A.D. 1757), rapidly followed by the

permanent establishment of British dominion in Bengal.

After this, the tide of success flowed on fast and full.

If the reader will patiently peruse the pages of this history,

he will see that our power has increased with marvellously

little effort on our own part. As, when a stone is flung into

a river, the first small circle expands and multiplies beyond

calculation—so, in India, have we gone on extending our

limits, as from the action of some inevitable necessity; less

from our own will, than because we could not stand still

without hazarding the position already gained. True, there

have been most distressing instances of injustice and

aggression; but these are the few and comparatively

unimportant exceptions. So far as the general obtainment

of political ascendancy in India is concerned, we may

quote the apt comparison used by an old Rajpoot prince to

Colonel Tod, in 1804, as conveying a perfectly correct idea

of our process of appropriation. Alluding to a sort of melon

which bursts asunder when fully matured, Zalim Singh

said, "You stepped in at a lucky time; the p'foot was ripe,

and you had only to take it bit by bit."

The manner in which we have acquired power in

India, is one thing; the use we have made of its, is another

and more complicated question. For my own part, I have

4650

long watched the Anglo-Indian government with feelings of

deep anxiety, and have laboured to the utmost of my ability

to awaken the British nation to a sense of the responsible

and critical situation they had been led to occupy. It is now

close upon twenty years since I was permitted, by the East

India Company, to edit the official records of a survey

made by Dr. Buchanan in Eastern India; and the

impression on my mind was so forcible, that I could not

refrain from prefacing the selections with a declaration that

the handwriting was on the wall, and nothing but a

complete and radical alternation of our system of

government, could avert the punishment justly merited by

our misuse of the great charge committed to us.

The primary reason of this misuse I believe to be the

false and wicked assertion, that "we won India by the

sword, and must keep it by the sword." There is another

aphorism, much older and of much higher authority, which

we should do well to think on--"They that take the sword

shall perish by the sword." We did not conquer India by

violence: we came as peaceful traders and spent long years

in that capacity; and during that time we succeeded in

impressing on the minds of the natives as lively conviction

of our energy, ability, and integrity. When the crisis came-

as come it did, without our knowledge and greatly to our

discomfiture—counting-houses were turned into barracks,

bales of piece-goods helped to make barricades, clerks and

writers were metamorphosed into military leaders, and,

while themselves but learners, drilled the natives round

them into a state of discipline before unknown.

4651

Thus was formed the nucleus of that army on which

we have leaned as if that, land that alone, had been the

means of our obtaining dominion in India. For the perfect

organization of that mighty force, which lately numbered

300,000 men, we laboured with unwearied patience; and to

this grand object we sacrificed every other. So long as the

Sepoys were duly cared for, the condition of the mass of the

people was a matter of comparative indifference. It was not

the Great Ruler of the Universe, whose inscrutable decrees

had placed this vast tract of heathendom in the hands of a

people who professed to serve Him and Him only; rejecting

every tradition of men; relying only on her mediation of

His Son; resting for guidance only on His written word;

asking only the interpretation His Holy Spirit;- not so! The

Anglo Indian Dominion had nothing whatever to do with

any such religious speculations. We were not bound to set

before the people the example of the faith which we affect

to believe the very leaven of the earth. Until the last few

years we did not view it even as a case of stewardship. We

were not even called upon to exert our energy for

developing the physical resources of the country, and

ameliorating the condition of the mass of the people. And

why? Because free Britons, in the middle of the nineteenth

century, have seen fit to assume the position of military

despots, drowning the conviction that India was God-given

trust, in the vague notion of its being "an empire of

opinion;" and then sinking, by an easy transition, from

rationalism into the more popular notion of sheer force--"

an empire of the sword," held by the might of our own

4652

strong arm.

Scepticism and cowardice lie at the root of our

present disasters: deliberately have we chosen the fear of

man, which blinds and enervates, rather than the fear of

God, which enlightens and strengthens. With infatuated

credulity we have nursed in our bosom the serpent that has

stung us to the quick. Tolerance is, indeed, an essentially

Christian quality; but who shall dare assume that praise

for the Christianity which was made in the persons of high

Protestant (?) officials, to bow its head before licentious

profligacy of the Mussulmans, and the heathen

abominations and disgusting impurities of the modern

Brahminical priesthood, land to witness, in silence, the

spiritual enslavement and physical degradation of the

mass?

We though, perhaps, both Mussulmans and Brahmins

too enervated by their respective orgies to be dangerous as

enemies. This but proves our utter ignorance of the oriental

character, especially as developed in the Mohammedans.

Let the reader glance over the history of their founder (and

I have striven to sketch it in a subsequent page, in

faithfulness and not with the pain of a caricaturist), he will

see in the False Prophet the type of sensuality, bigotry,

ambition, grounded and rooted in the fiercest fanaticism;

and that type has been perpetually reproduced, and will

continue to be so until Mohammedanism shall be swept

from the face of the earth.

How soon that may be, none can prophesy; but the

general rising now taking place among the Mussulmans in

4653

Africa and Syria, as well as in India, are pointed at by

many observers as preceding and indicating the death-

throes of this once powerful, but already deeply sunken

race.

For us, if we would hope to conquer, it must be by

turning to the Lord of Hosts, as a nation, in deep

repentance and humility: then only may we justly look for

present help and anticipate for the future that gift in which

we have been so lamentably deficient-- "a right judgment in

all things." Thus favoured, we shall not shrink from the

responsibilities of an evangelized nation; but shall

understand, that there is no surer way of obtaining respect

in the eyes of the quick-written Hindoos, than by a

consistent adherence to our religious professions; the

means commend themselves to every unprejudiced person

really versed in India affairs; and, assuredly, none other

will be blessed of God. We cannot hope to pass off

indifference for tolerance; the Mohammendans see through

the flimsy disguise and bid the heathen throw off the

ignominious yoke of Kafirs (infidels) Christianity they

reverence and dread to see us manifest any tokens of it.

Well they may; for nothing else will conquer our head in

the day of battle. That day has come. May we now have

grace to control the fearful passions provoked by the most

horrible outrages; and may the memory of our own

shortcomings towards God, enable us, if He gives the

victory, to use it mercifully. Let us not forget, that the

innocent blood spilt in the last few weeks, cannot blot out

the memory of the debt which England owes to India.* The

4654

Parliament of Britain now must dictate the course to be

followed in a matter of vital importance to the nation

whose opinions it represents. The portion of the British

public impressed with sound and practical religious views,

is, happily, larger and more influential than would appear

to superficial observers. The fact is indicated in the

increase of missionary enterprise, the extension of

education, and, indirectly, in the progress of public

improvements, and the initiation of reformatory measures.

The faulty judicial system the partial and vexatious land-

tenure, the defective monetary circulation of India, have

come under discussion; and if, as God in mercy grant,

Britain is permitted to retain the brightest jewel in her

crown-- the most valuable of her transmarine possessions

—it is fervently to be desired that we may apply ourselves

diligently to remedy all deficiencies, to repair, as far as

possible, past neglects, and provide against future

emergencies.

The details of the present terrible episode will be

given fully in subsequent pages; day by day that close

seems approaching, with the record of which the Author

hopes to be enabled to terminate this Work.

*The pecuniary debt is wholly on the side of

England. The cost, alike of civil and military government,

including the payment of the royal troops, has been entirely

defrayed from the Indian revenues: so, if we succeed, must

be expenses of the present insurrection. The money

remittances to England from the three Presidencies average

five million sterling for the last sixty years. There is

4655

scarcely a county in the United Kingdom but has had the

value of its landed property enhanced by the investment of

fortunes, the fruit of civil or military services or of

commercial succeeds in Hindoostan. Again, how many

British statesman and commanders have had their genius

elicited and educated in India. A noble field has been

annually opened for the youth of Britain, and an expansive

tone given to society by the constant discussion of great

subjects.

The merchant and the manufacturer can best estimate

the importance of a large, increasing, and lucrative market,

free from high or hostile tariffs; and the advantage of an

almost unlimited command of commodities, the regular

obtainment of which is essential to the steady employment

of their operations. Lastly—nor must it be forgotten, that

Indian Imports and Exports, to the amount of thirty million

sterling, now furnish profitable employment to the best

class mercantile shipping."

"Oude, or Ayodhya, was famous in ancient Hindoo

lore as the kingdom of Dasarath, the father of Rama, the

hero of the famous epic the Ramayana. With the details of

its fall as a Hindoo kingdom, and its history as a province

of the Mogul empire, we are almost entirely unacquainted;

but we know that it has retained its institutions to the

present day, and that, in all respects, the Hindu element

largely predominates throughout Oude." (Vol. II, page 59)

"In the meantime, the disorganisation of Oude was clearly

on the increase, and one of its marked features was a rising

spirit of Moslem fanaticism. It happened that a

4656

Mohammedan fast fell on the same day as a Hindoo feast;

and Ameer Ali, a moolvee, or priest, of high repute, took

advantage of the circumstance to incite his co-religionists

to a fierce onslaught on the Hindoos. Troops were ordered

out to quell the disturbances; but Ameer Ali seized and

confined two of the officers, assembled 3,000 men, and

declared his intention of destroying a certain Hindoo

temple, and erecting a mosque in its stead. At length the

British subsidiary force was employed by the king against

the moolvee. An affray ensued, in which a body of Patans

fought with the recklessness of fanaticism, and were cut

down, standing shoulder to shoulder round their guns, by a

party of Hindoo zemindars and their retainers. In all, 200

Hindoos and 300 Patans perished. This occurred in

November, 1855. About the same time the Oude

government became aware that some great change was in

agitation. They asked the reason for the assembling of so

large a force at Cawnpoor; and were, it is alleged,

solemnly assured that it was intended to keep in check the

Nepaulese, descent towards the district of Nanparah." (Vol

II, page 77)

4250. Then comes the real detailed study conducted by a

local official P. Carnegy who was posted as Officiating

Commissioner and Settlement Officer, Faizabad.

4251. Sri Ravi Shankar Prasad, Sr. Advocate and other

learned Advocates for Hindu parties placed strong reliance on

the findings of P. Carnegy's Historical Sketch (supra)

contained on page 5 to 7, 20 and 21 (Paper No.107C1/18, 19,

20, 22, 23) and Appendix-A & B to the Book. P. Carnegy was

4657

officiating Commissioner and Settlement Officer, Faizabad. Sri

Jilani, learned counsel for the plaintiff (Suit-4), however,

assailed the said findings contending that Carnegy has prepared

his report in 1870. There was no occasion for him to have

personal knowledge of the ancient facts stated in the said report.

He has not referred to any material which was relied upon by

him in recording his findings and, therefore, whatever historical

facts he has written are without any basis and cannot be taken as

a gospel truth or treated as a fact proved. Moreover even in

Carnegy's report, the list of important Hindu religious places in

Ayodhya did not mention anything about Janambhumi temple.

4252. In the introductory part, Sri P. Carnegy has divided

the facts relating to Ayodhya in 3 distinct ages and according to

him the same were as under:

“First, there is the mythic period of Rama and

Vikramaditta, and bearing upon this, we have (1). The

Ramayan of Valmiki, modernized by Tulshi Das in the days

of Shahjehan, and treated in our own days historically by

Wheeler, geographically by Cust, and poetically by Monier

Williams and Griffiths. (2) The Raghuvansa of Kalidasa,

and ornament of the Court of Vikramaditta, to the glory of

whose line the work was composed nearly 2,000 years ago,

and of which I am not aware that there is any complete

English edition; and (3) the Ajudhia Mahatam (for an

epitome see Appendix B) a far less known and more recent

work, complied beyond doubt by Pandits subsequent to the

restoration of Brahminism, the scope of which is to dilate

on the special virtues of the different shrines in and around

Ajudhia.”

4658

Second, the historic age, an acquaintance with which

would necessitate the study of the writings of, (1) the

Chinese travellers of the fourth and sixth centuries, with

the light thrown upon them in these days by Elphinstone,

Cowell and Cunningham; and (2) the Mahomedan

geographers and historians, to the study of whose works

Sir H. Elliot devoted a life.

Third, the modern age', or Oudh under its Nawabs

and Kings, which would entail familiarity with a host of

recent writers from Macaulay downwards.”

4253. In 1870, Ayodhya was part of Pargana Haveli-Oudh

and in respect to its creation, Sri P. Carnegy has given certain

facts as under :

“Pargana Haveli-Oudh takes its name from Oudh,

the capital, and Haveli the name generally used to indicate

the principal station of the chief revenue authorities of the

Moghals. The pargana is bounded on the north and east by

the River Gogra, on the south by the River Marha and

Parganas Pachhamrath and Amsin, and on the west by

Pargana Mangalsi.

In former days the revenue collections of the

pargana, used to be made at the “Kala Mubarak” or

blessed fort, which was situated at Lachhmanghat where

now stands the recently built temple of Jugla Saran. In the

days of Mansur Ali Khan, (A.D. 1739-54), they used to be

made at “Rath Haveli,” and in the time of the Bahu

Begum, at or near the Dilkusha, both of which latter places

are in the city of Fyzabad.

The pargana differs from all others in the district,

4659

inasmuch as there never were any of the usual Tappa sub-

divisions. It contained in the King's time 329 townships.

These were reduced under Summary Settlement to 242 in

number; and they have now been further cut down to 181

demarcated villages, under the redistributions of the

revised settlement.”

4254. According to his investigation, the residents of the

area mainly belong to following categories termed by him as

“chief landed proprietors”:

1. the Vasisht Brahmins

2. the Surajbans Chhatris

3. the Garagbans Chhatris

4. the Bais Chhatris

5. The Upadhia Brahmins

6. The Syads of Bhadarsa

7. The Kurmis of Maujadbanspur

4255. It would be useful to refer his observations in

respect to Vasisht Brahmins as under :

“The Vasisht Brahmins.-The members of this family

assert descent from Vasisht Muni, the spiritual adviser of

the immortal Ram Chandar, from whom that portion of the

town which is still known as Vasisht Tola, takes its name,

and whose sacred memory is still kept fresh by the annual

visits of his votaries to the Vasisht Kund or reservoir, in the

same quarter.

After the vicissitudes of the Budhist and Atheist

periods when the Vedic faith was for the time, it is believed,

locally suppressed, Ajudhia was again traditionally

restored and brahminically re-peopled, through the

4660

exertions of Vikramajit of Ujain; and Kashiram and other

members of the present Vasisht tribe, who now inhabit the

ancient haunts of the family, aver that their ancestors were

then re-called by the sovereign in question, from Kashmere,

and received from him large assignments of revenue-free

land. It is the further averment of these persons that they

retained their possessions during the supremacy of the non-

Brahminic Bhars, but it is almost needless to say that no

proofs are extant either of their advent from Kashmere, or

their steadfastness of faith under the Bhars. In the Ain-i-

akbari, the oldest reliable historical record, Vasisht

Brahmins are stated to be the prevailing caste of zamindars

in this pargana.

The proprietary status of this family waned before the

modern Surajbans clan the annals of which will follow, and

it members are now reduced to the possession of

exproprietary petty holdings (Sir) and dues (Sayer), in the

Ranupali Anjna Narainpur and Luchhmidaspur estates,

which comprise 32 villages in all, in which also they chiefly

reside.”

4256. Ayodhya, its area, topography etc. he has dealt with

on page 5 of the Book reads as under :

“Ajudhia.- Ajudhia, which is to the Hindu what

Macca is to the Mahomedan, Jerusalem to the Jews, has in

the traditions of the orthodox, a highly mythical origin

being founded for additional security not on the earth for

that is transitory, but on the chariot wheel of the Great

Creator himself which will endure for ever.

In appearance Ajudhia has been fancifully likened to

4661

a fish, having Guptar as its head, the old town for its body,

and the eastern parganas for its tail.

Derivation.- The name Ajudhia is explained by well-

known local Pandits to be derived from the Sanskrit words,

Ajud, unvanquished, also Aj, a name of Barmha, the

unconquerable city of the Creator. But Ajudhia is also

called Oudh, which in Sanskrit means a promise, in

allusion it is said, to the promise made by Ram Chandra

when he went in exile, to return at the end of 14 years.

These are the local derivations; I am not prepared to say to

what extent they may be accepted as correct. Doctor

Wilson of Bombay thinks the word is taken from yudh to

fight, the city of the fighting Chhatris.

Area.-The ancient city of Ajudhia is said to have

covered an area of 12 jogan or 48 kos, and to have been

the capital of Utar-Kausala or Kosala, (the Northern

Treasure) the country of the Surajbans race of Kings, of

whom Ram Chundar was 57th in descent from Raja Manu,

and of which line Raja Sumintra was the 113th and last.

They are said to have reigned through the Suth, Tireta, and

Dwapar Jugs, and 2,000 years of the Kul or present Jug or

Era.”

4257. The history and alleged restoration and other events

of Ayodhya, he has dealt with from page 6 to 13 as under :

“With the fall of the last of Rama's line, Ajudhia

became a wilderness, and the royal race became dispersed

even as the Jews. From different members of this dispersed

people, the Rajas of Jaipur, Joudhpur, Udeypur, Jambu,

&c., of modern times, on the authority of “Tirhut Kuth-ha,”

4662

claim to descent. Even in the days of its desertion Ajudhia

is said still to have remained a comparative Paradise, for

the jungle by which it was over-run, was the sweet-smelling

keordh, a plant which to this day flourishes with unusual

luxuriance in the neighborhood.

Ban-Oudha.-In less ancient times when waste began

to yield to cultivation, it took the name of Ban-Oudha or

the Jangle of Oudh. With this period the name of Vikramajit

is traditionally and intimately associated, when Budhism

again began to give place to Brahminism.

The restoration by Vikramajit.- To him the restoration

of the neglected and forest-concealed Ajudhia is

universally attributed. His main clue in tracing the ancient

city was of course the holy river Sarju, and his next was the

shrine still known as Nageshar-Nath, which is dedicated to

Mahadeo, and which presumably escaped the devastations

of the Budhist and Atheist periods. With these clues, and

aided by descriptions which he found recorded in ancient

manuscripts, the different spots rendered sacred by

association with the worldly acts of the deified Rama, were

identified, and Vikramajit is said to have indicated the

different shrines to which pilgrims from afar still in

thousands half-yearly flock.

Ramkot- The most remarkable of those was of course

Ramkot the strong-hold of Ramchandar. This fort covered a

large extent of ground and according to ancient

manuscripts, it was surrounded by 20 bastions, each of

which was commanded by one of Rama's famous generals,

after whom they took the names by which they are still

4663

known. Within the fort were eight royal mansions where

dwelt the Patriarch Dasrath, his wives, and Rama his

deified son, of whom it has been plaintively sung-

“Lord of all virtues, by no stain defiled,

The king's chief glory was his eldest child,

For he was gallant, beautiful, and strong,

Void of all envy, and the thought of wrong.

With gentle grace to man and child he spoke,

Nor could the churl his harsh reply provoke,

He paid due honor to the good and sage,

Renowned for virtue and revered for age.

And when at eve his warlike task war o'er,

He sat and listened to their peaceful lore,

Just, pure and prudent, full of tender ruth,

The foe of falsehood and the friend of truth;

Kind, slow to anger, prompt at miseries call,

He loved the people, and was loved of all,

Proud of the duties of his warrior race,

His soul was worthy of his princely place.

Resolved to win, by many a glorious deed,

Throned with the gods in heaven, a priceless meed

What though Brihaspati might hardly vie,

With him in eloquence and quick reply,

None heard the music of his sweet lips flow

In idle wrangling or for empty show.

He shunned no toils that student's life befit,

But learned the Vedas and all holy writ;

And even eclipsed his father's archer fame,

So swift his arrow and so sure his aim.

4664

To this praise for virtue his ancient father apparently

had no pretension; for we are told that besides the three

wives above marginally indicated, who caused him so much

anxiety, there were 360 others of whom history says little. A

prodigality of connubial happiness which in modern days

found its parallel also in Oudh, in the Kesar Bagh Harem

of Wajid Ali Shah.

Samundra Pal Dynasty.- According to tradition

Raja Vikramaditta ruled over Ajudhia for 80 years, and at

the end of that time he was outwitted by the Jogi Samundra

Pal, who having by magic made away with the spirit of the

Raja, himself entered into the abandoned body, and he and

his dynasty succeeding to the kingdom they ruled over it for

17 generations or 643 years, which gives an unusual

number of years for each reign.

The Siribastam Dynasty.- This Dynasty is supposed

to have been succeeded by the trans-Gogra Siribastam

family of which Tilokchand was a prominent member, a

family which was of the Budhist-Jain persuasion and to

which are attributed certain old Deoharas of places of Jain

worship which are still to be found in Ajudhia, but which

are of modern restoration.

It was probably against the Siribastam dynasty that

Syad Salar made his ill-starred advance into Oudh when in

the earlier Mahomedan invasions, he and his army left

their bones to bleach in the wilds of Baraich (see

chronicles of Oonao Page 83-5).

But the hold of the trans-Gogra rulers of Ajudhia was

soon after this lost, and the place passed under the sway of

4665

the Rajas of Kanouj. Their power however, according to

hazy tradition seems for a time to have been successfully

disputed by the Magadh dynasty, whose temporary rule is

still acknowledged. . . . .

The Kanouj dynasty.-Subsequently to this the

Mahamedans made another partial advance into Hindostan

in alliance with Kanouj whose Raja it again restored to

sovereignty; but in these parts this sovereignty was

altogether repudiated, and minor local rulers sprang up

throughout the land, and a period of territorial confusion

then prevailed which was only finally terminated by the

Mahamedan conquest. A copper grant of Jai Chand the last

of the Karouj Rahtors, dated 1187, A.D. or 6 years before

his death, was found near Fyzabad when Colonel Caulfield

was Resident of Lucknow. See A.S. Jour. Vol. X. Part I

1861.

Sir H. Elliot mentions that on the occasion of

Bikramajit's visit to Ajudhia he erected temples at 360

places rendered sacred by association with Rama. Of these

shrines but 42 are known to the present generation, and as

there are but few things that are really old to be seen in

Ajudhia, most of these must be of comparatively recent

restoration. A list of these shrines is given as Appendix A as

well as of numerous Thakur-dwaras &c. which have been,

or are daily being built by different nobles of Hindostan to

the glorification of Ramchandar, his generals and other

members of his royal race, to the glorification of

Ramchandar, his generals and other members of his royal

race. There are also six Mandirs of the Jain faith to which

4666

allusion has already been made.

The cradle alike of Hindus, Budhists and Jains.-It is

not easy to over-estimate the historical importance of the

place which at various times and in different ages has been

known by the names of Kosala, Ajudhia and Oudh; because

it may be said to have given a religion to a large portion of

the human race, being the cradle alike of the Hindus, the

Budhists, and the Jains.

In the earliest ages, the Hindus were divided into the

two great lines of solar and lunar Chhatris, from whom all

other Chhatris are, by courtesy, descended; and of the

former line Kosala was at once the Kingdom and Capital.

Of this territory Ikshawaku was the first solar King. When

he lived is chronologically unknown, but Hindu Mythology

takes him back to within a few removes of Brahma, the

Creator. Thirty sixth in descent from Ikshawaku was Rama,

the typical Chhatri subjugator of the South, and the glory

of Ajudhia; the contemporary perhaps of Solomon, who

was followed by some sixty more of his line before it

became obliterated.

Of Budhism too, Kosala has without doubt, a strong

claim to be considered the mother. Kapila and Kasinagara

both in Gorakhpur and both of that country (Kosala) are

the Alpha and Omega of Sakya Muni, the founder of that

faith. It was at Kapila that he was born; it was at Ajudhia

that he preached, perhaps composed those doctrines which

have conferred upon him a world-wide fame; and it was at

Kasinagara that he finally reached that much desiderated

stage of annihilation by sanctification, which is known to

4667

his followers as Nirvana B.C. 550.

Again it is in Ajudhia that we still see pointed out the

birth-place of the founder as well as of four other of the

chief-hierarchs of the Jain faith. Here it was that Rikabdeo

of Ikshawaku's royal race matured the schism, somewhat of

a compromise between Brahminism and Budhism, with

which his name will ever be associated.

In Ajudhia then, we have the mother of the Hindus,

as typified by Rama, the conqueror of the South; of the

Budhists, as being the scene of the first great protest

against caste by the originator of a creed whose disciples

are still counted by millions; and of the Jains, as being the

birth-place of the originator of doctrines which are still

revered by several of our most influential mercantile

families.

There are two traditions of the Jains that are at least

curious. The one has just been mentioned that the founder

of the Jain creed was of the Ajudhia solar race: the other,

and it is maintained by the Khattria also, that only such

Chhatris as are descended from Jains are pure. There is

here a good deal of room for speculation. Abu was the

fountain head of the Jain faith; there the founder of that

faith lived and died, and on that mount there is still a

temple to is revered memory nearly 1000 years old. It was

at Abu too, it will be remembered, that a convocation of the

gods recreated the Agnicula quartet of Chhatris, to put

down the Budhists and atheists who had overrun the

country. May not this mythical recreation point to the

revival of Brahminism in even the very stronghold of the

4668

Jain faith? It is with this agnicula recreation on mount Abu

that many of the oldest of our Chhatri clans seek to connect

their origin. Such a recreation is of course absurd, but it is

not absurd to suppose that Abu, peopled with the

descendants of Ikshawaku, a solar prince of Oudh, may

have been the scene of a Brahminical revival which spread

far and wide, reaching in time the Chauhans of Mainpuri,

and through one of them, Bariar Singh, the founder of at

least 4 of our present chief families, extending itself into

eastern Oudh also, where the darkness of the Magadh

period was yet represented by the disbelieving caste

neglecting Bhars.

The Sarju.- The origin of the river Sarju is highly

fanciful. On an occasion of mirth tears of joy flowed from

the eyes of Narain, the Supreme Being, which were

reverently saved from falling to the ground by Brahma, the

Creator, who caught them in his watercan (Kamandal) and

carefully deposited them in the Mansarwar lake. When the

city of Ajudhia had been fairly established the people

longed for the sight of flowing water, and they made known

their wishes to the far famed Local Divine Vasisht Muni

(the ancestor of the Vasisht tribe of Brahmins). The latter

entered into the spirit of their wishes and by severe

penance and sacrifices to Brahma, the tear-preserved

waters of Mansarwar were made to flow past the city of

bliss. For these reasons the Sarju is still sometimes

fancifully called the Vasisht-ki-kunnya, or the Vasisht

nymph, and also Vasisht Gunga.

The Ajudhia Mahatum.-No account of Ajudihia

4669

would be complete which did not throw some light on the

Ramayan and the Ajudhia Mahatum. Of the former of these

works, I need not speak, for through the writings of

Wheeler, Cust, Monier Williams &c. most readers are

familiar therewith. I will therefore confine my remarks to

the Ajudhia Mahatum, which is comparatively unknown.

This work was prepared to the glorification of

Ajudhia according to some, by Ikshawaku of the Solar race,

while others with more probability aver that it is a

transcript from the Askundh and Padam Purans, and is not

the production of any Raja. Be that as it may it is well that

the essence of the work should be made available to the

public, and in this view Mr. Woodburn c.s. has been good

enough to make a connected abstract for me, from a literal

translation which I had made some years ago. This

abstract is given as Appendix B.

Limits of Oudh.- It is not always easy to

comprehend what is meant by the Oudh or Ajudhia of

ancient times, for that territory has been subjected to many

changes. So far as these are known to me, I give them

below-

The Oudh of Rama.- Such intelligent natives as

Maharaja Man Singh have informed me that at this period

Oudh was divided into five portions, thus :- (1) Kosala or

Utar Kosala, which included the present Trans-Gogra

districts of Gorakhpur, Busti, Gondah and Baraich, (2)

Pachhamrath, which included the country between the

rivers Gogra and Gomti, extending westwards from Ajudhis

to Nimkhar in Sitapur. (3) Purabrath, or the territory

4670

between the same rivers, extending eastwards towards

Jaunpur, the limit not being traceable. (4) Arbar being the

country around Pertabgurh, lying between the rivers Gomti

and Son, probably the same that it still known as Aror or

Arwar : and (5) Silliana, which included some portion of

the Nepal hills running along the then Oudh frontier.

The Oudh of Akbar.- Mention is made of the title of

Subadar of Oudh as early as A.D. 1280, and it was one of

the 15 Subas or Governorships into which Akbar

subdivided the empire in 1590 A.D. The Mahamadan

attempt to change the name from Oudh to Akhtarnagar,

never seems to have succeeded fully.

The boundaries of the old Suba differed materially

from those of the present day, and a large part of what is

now the eastern portion of the Province, including Tanda,

Aldemau, Manikpur, &c. was not in those days included in

Suba Oudh, but in Allahabad. According to the Ain-i-

Akbari the Suba then extended from and inclusive of Sirkar

Gorakhpur, to Kanouj, and from the Himalayas to Suba

Allahabad, 135 kos by 115 kos.

Suba Oudh contained five Sirkars, viz. (1) Oudh;

(2) Lucknow; (3) Baraich; (4) Khyrabad; and (5)

Gorakhpur. The details of these are given below, but they

are only approximately correct, and in regard to some

places my information is incomplete.

The Oudh of Shuja-ud-Dowlah.-At this period

Gorakhpur and Azimgarh were of the Province, and with

the co-operation and aid of the English, Kurra, Allahabad

and Rohelkhund wee added to it, Ghazipur and Benares

4671

were made over to the English during this reign.

The Oudh of Sadut Ali.- In this reign the province

was reduced by the transfer to the British by treaty, of

Rohelkhund, Allahabad, Farrakabad, Mainpuri, Etawa,

Gorakhpur, Azimgarh, Cawnpur and Fattehpur, and in

Ghazi-ud-din Haidar's reign which followed, the Nepal

Terai, given back by Lord Canning after the Mutiny, was

added by us to the Kingdom. So, with the exception of some

changes of Parganas for mutual convenience, on the

Allahabad, Gorakhhpur and Rohelkhund frontiers, the

Province remained till we acquired it in 1856.

The town of Ajudhia comprised the lands of four

entire mauzas, (Barehta, which has been washed away,

Faridipur, Bagh Kesari Singh and Rowza Shah Juran) and

portions of three others; (Ranupali, Miraapur and

Derabibi;) besides Kasbah Kirki. It contains the 26

mohallahs marginally named.

1. Bazar Sherganj 2. Kythanna 3. Gariwan Tollah 4.

Bhararia Tollah 5. Babhan Kuliah 6. Bazdari Tollah 7.

Vashist Kund 8. Tenrhi Bazar 9. Syudwara 10. Shekhana

11. Mirapur 12. Kundurpura 13. Shah Madar 14. Kaziana

15. Begampura 16. Buxaria Tollah 17. Durbar Dwara 18.

Panji Tollah 19. Dorahe Kuan 20. Dhana Mandi 21.

Alamganj 22. Kattra 23. Moghalpura 24. Surgadwar 25.

Hateh Surat Singh 26. Urdu Bazar”

4258. About the Janamsthan and other temples/Babar's

mosque and the dispute amongst the two communities, P.

Karnegy has written on pages 20 and 21 as under :

The Janamsthan marks the place where Ram

4672

Chandra was born. The Sargadwar is the gate through

which he passed into Paradise, possibly the spot where his

body was burned. The Tareta-Ke-Thakur was famous as the

place where Rama performed a great sacrifies, and which

he commemorated by setting up there images of himself

and Sita.

If Ajudhia was then little other than a wild, it must

at least have possessed a fine temple in the Janamsthan;

for many of its columns are still in existence and in good

preservation, having been used by the Musalmans in the

construction of the Babari Mosque. These are of strong

close-grained dark slate-colored or black stone, called by

the natives Kasoti (literally touch-stone,) and carved with

different devices. To my thinking these strongly resemble

Budhist pillars that I have seen at Benares and elsewhere.

They are from seven to eight feet long, square at the base,

centre and capital, and round or octagonal intermediately.

Hindu and Musalman differences.-The Janamsthan is

within a few hundred paces of the Hanuman Garhi. In 1855

when a great rupture took place between the Hindus and

Mahomedans, the former occupied the Hanuman Garhi in

force, while the Musalmans took possession of the

Janamsthan. The Mahomedans on that occasion actually

charged up the steps of the Hanuman Garhi, but were

driven back with considerable loss. The Hindus then

followed up this success, and at the third attempt, took

the Janamasthan, at the gate of which 75 Mahomedans

are buried in the “Martyrs' grave” (Ganj-Shahid.) Several

of the King's Regiments wee looking on all the time, but

4673

their orders wee not to interfere. It is said that up to that

time the Hindus and Mahomedans alike used to worship

in the mosque-temple. Since British rule a railing has

been put up to prevent disputes, within which in the

mosque the Mahomedans pray, while outside the fence

the Hindus have raised a platform on which they make

their offerings.

The two other old mosque to which allusion has been

made (known by the common people by the name Nourang

Shah, by whom they mean Aurangzeb,) are now mere

picturesque ruins.

4259. About other temples or religious places of Jains and

Buddhists, he has also given certain facts which we are omitting

at this stage. He has referred to the inscriptions found on the

building in dispute on page 27 under Section VI.-Concluding

Remarks Para (IV) under the heading “Buildings” which reads

as under :

“(IV.) Buildings.- Of these we have; (1) the enshrined

tomb of Syad Masud Behani, in the village of Behawan,

Pargana Birhar, a reputed follower pf Suad Salar, A.D.

1030; (2), the tomb at Ajudhia, of Makhdum Shah Juran-

Ghori, a lieutenant it is alleged, of Shahab-ud-din Ghori,

the conqueror of Dehli and Kanauj, A.D. 1192-4; (3), the

tomb at Ajudhia of the Sharki period, perhaps of Khawaja

Jahan, the founder of the Jaunpur dynasty himself, who

died A.D. 1399; (4), the enshrined tomb of Makhdum

Ashraf at Kachhocha, the author of the Lataif-i-Ashrafi,

and the contemporary of Ibrahim Shah of the Sharki

dynasty, A.D. 1401-40; (5), Babar's mosque with stone

4674

inscriptions in Ajudhia, date A.D. 1528, and stone

columns of infinitely greater antiquity; (6) the stone-

faced fort of Salemgarh on the Gumti, a stronghold of

Salem Shah, A.D. 1545-53; (7), the fort and bridge with

stone inscriptions, at Akbarpur, a resting place of the

Emperor Akbar, A.D. 1556-86; (8), the mosque of Alamgir

(Aurangzeb) at Ajudhia, A.D. 1658-1707; (9), and lastly,

the more modern buildings of Fyzabad, such as the

Dilkusha, the forst, &c., mostly of Shuja-ud-dowlah's time,

A.D. 1753-75”

4260. The report is said to have been signed in October

1870 by Sri P. Carnegy at Faizabad. Appendix-A (Ex. A-10,

Suit-4) of the Book P. Carnegy's Historical Sketch gives the

list of sacred places in and about Ayodhya and the same has

been placed before us elaborately by both the side.

4261. Besides, there is a site map of Fyzabad Municipality

which is also part of the book and has been sited by the parties

showing the position as it was in 1870. It is appended as

Appendix 6.

4262. They also placed before us Appendix-B (Paper

No.258 C1/1) which is under the heading of report on “Ajudhia

Mahatum” and reads as under :

“APPENDIX-B.

EPITOME OF THE “AJUDHIA MAHATAM,” WHICH

AGAINI IS TAKEN FROM THE PURANS

The holy city of Ajudhia, of saving virtues and

ancient renown, was built they say by Brahma, and given to

his eldest son for an earthly dwelling-place. The earth

being but transitory, Brahma laid the foundation in his own

4675

discus, the Sudarsan Chakra, which still gives its shape to

the city. On this was reared a stately capital for the son of

God, and it was presented to him complete, fitted, declare

the chronicles, with shrines, places, roads, markets,

gardens, and fruit trees, glittering with jewels, and

resounding with the melody of birds. Its men and women

were holy, as befitted the subjects of a Divine King, and

their righteousness was rewarded by incalculable wealth in

elephants and oxen, horses and chariota. Its boundaries

were fixed by the Sarju, and the Tons, and from Lachman

Kund a jojan to the east and to the west.

In this city was supposed to reside a sanctifying

virtues of extraordinary efficacy. When a man merely

projected a pilgrimage to it, he purchased the salvation of

his ancestors. Every step he took on his way had the

efficacy of an aswa-medha jug. To him, who gave a pilgrim

the road expenses of the journey, was assigned a passport

to heaven with all his sons and grandsons. To him, who

provided a weary pilgrim with conveyance, was promised a

passage to the divine abodes in the chariots of the Gods.

He, who fed a hungry pilgrim, reaped the benefit of many

oblations at Gya and ablutions at Prag, and earned for his

forefathers an eternity of happiness. He who anointed a

pilgrim’s feed with on, would obtain his desires in both

worlds. The mere sight of Ajudhia absolved from all

trivial sin. To journey to it measuring the way with the

outstretched body was penance, which atoned for the most

heinous crime. The water of the Sarju washed away sin;

obeisance to it removed all worldly trouble. He who lived

4676

in Ajudhia, redeemed his soul from the pains of

transmigration; a residence of a night rehabilitated a man.

Who had been degraded in his caste. Seven holy placed in

India made up the body of Vishnu, and the boastful priest

aver that Ajudhia was the head.

Similarly sacred was the origin of the Sarju. In the

beginning of creation a lotus sprang from the naval of

Narayana, which gave birth to Brahma. Then Brahma

worshipped Narayana, and when he had worshipped fro a

thousand years, Vishnu, gratified by such devotion, blessed

him, with tears of affection in his eyes. The adoring

Brahma caught the dropping tears in the hollow of his

palm, and stored them in a wooden vessel, which he kept

next his heart. Ages after, Manu, the first of the solar race,

was king in Ajudhia. His son Iksawaku was so studious in

his devotions, that the great Brahma, pleased, told him to

ask a boon. Ikshwaku asked for a holy river, and Brahma

gave him the treasured tears of Narayana, which

thenceforward flowed as the Sarju. The bank of his river,

nominally for a distance of 318 yards, bears the name of

Swargdwar, the gate of Heaven. The Purans affirm it to

be the holiest spot on earth. He who dies there passes

straight to heaven, receiving the pardon of the sins of a

thousands births. Even Mahomedans, even animals, birds

and insects, obtain there in death salvation in an eternal

life with the Gods.

In the gate of heaven are seven “Hars” or

representations of Vishnu, Gupt Har, Chandra Har, Chakra

Har, Vishnu Har, Dharma Har, Belma Har and Pun Har.

4677

Chandra Har was fixed by Vishnu in honour of the

moon, who had at that spot ended her pilgrimage and

offered her prayers. Ho gets himself shaved there, fasts,

bathes, and then visits Chandra Har, has his capital sins

washed away and is secured of heaven. The season of

greatest efficacy is the full moon of Jeth.

The only other important Har is the Dharma Har, but

between the two Hars is Nageshwar, the origin of which

was this:-Kush, the son of Ramchandr was bathing in the

river, Kamudti, the sister of Sakun, a serpent that inhabited

the Sarju, became enamoured of the handsome Kush, and

stole his bracelet for a love-token. The bracelet was one on

which Kush set great value, and when he discovered his

loss on reaching the shore, in his rage he fitted to his bow

an arrow of fire wherewith to dry up the waters of the

offending Sarju. The Sarju fell at his feet for mercy, and

denounced the real culprit. Then Kush muttered an

incantation over the arrow, and discharged it against the

serpent. The serpent with his sister immediately appeared

and restored the ornament, praying for forgiveness. The

serpent was a worshipper of Mahadeo, and the not-

forgetful God appeared at this moment to shield his

servant. He promised Kush he would grant any boon he

asked if the serpent were forgiven, and it was accordingly

ordained at the wish of the patriotic Kush, that the

presence of Mahadeo should henceforth reside on the spot,

and that whoever should bathe at Swargdwar and worship

at Nageshwar, should be satisfied in every wish, and enjoy

the fruits of an efficacious pilgrimage.

4678

Dharma Har to the Sough-east of Nageshwar takes

its name from the God of Virtue and Justice. Dharma

composed here a hymn of such transcendent grandeur that

Mahadeo decreed that the place should stand consecrated

in their joint names, and that whoever should after bathing

in the Sarju, read there this hymn, would be blessed with

riches and the esteem of his fellows. The holy day at

Dharma Har is the 11th of the lunar half of the month

Asarh.

Opposite Dharm Har on the river is Janki Ghat,

where they bathe on the 3rd of the lunar half of Sawan, and

immediately below this is the Ram-Ghat, where the

Swargdwar ends; all south of this is called Ajudhia Pith.

Behind Ram Ghat is Ram Sabha,where Ram Chandr

is believed to sit enthroned, surrounded by his brothers,

Sought of it is the Dhawan Kund, in which he who bathes

on the 9th of the lunar half of Chait, is freed from all pride.

On one occasion Kundani, a saint, had bathed in this pool

and was engaged in prayer, when the wind suddenly blew

his deer-skin mat into the water. To the astonishment of

every one the deer-skin at once assumed the form of a

glorious deity, seated on a magnificent throne, and to Ram

Chandr the deity gave this history. He was at first a Vaisya,

obdurate in his pride of riches and perversely disobedient

to the Veds. But one day he unintentionally did a good

action. He sprinkled water on a Tulshi shrub. For this he

was made a deer, and his skin was given to a pilgrim bound

for Ajudhia, and now the skin on touching the water of the

sacred pond had changed into this heavenly body. The

4679

glorified shape prayed for admittance to heaven, and

straightway passed in a chariot into the regions pf Ram

Chandr, “whence there is no returning.” It is in this pond,

that Raghunathji, as the pandits say, “performs with the

tooth brush.”

In the heart of the city lies the great Ram Kot, the fort

of Ram, with its gates guarded by the immortal monkeys

who accompanied him on his return from Ceylon. On its

western side is the Janam Bhum or Janam Asthan, the birth

place of the hero. To visit this on the Ram-Nomi, that

sacred ninth which falls in Chait, delivers the pilgrim from

all the pains of the transmigration of souls. The virtue of

this act is as if the pilgrim had given 1,000 cows, or

performed a thousand times the sacrifices of the Raj Suiji

or Agin-hotra, “but the fool, who eats on that day shall go

to hell, where all the vicious are thrown into boiling oil”

They say there was once a band of five thieves, who had

been banished from their native country for highway

robbery, adultery, murder of cows and other heinous crime.

These five men spent their days alternately in robbing

pilgrims and in riotous living. A party of pilgrims from

Delhi passed through the forest in which was the den of

these robbers, and the robbers joined them in the guise of

travellers from a far country. But as they neared Ajudhia

the guardian-angels of the holy city, who are stationed to

prevent the entrances of the deliberately wicked, took

visible shape and began to beat the robbers with their

clubs. A sage who lived near by, Asit Muni, hearing their

cries, interfered in their behalf. They were released at his

4680

intercession, and in gratitude they obeyed their preserver's

command to complete the pilgrimage to Ajudhia, and

secure salvation by performing the prescribed ritual. As

they entered the city Ajudhia appeared as a beautiful

goddess, clad in white robes, and attended by her maidens.

The men trembled with fear. On a sudden their sins arose

before them, shrouded in the blue garbs of mourning, of

horrible countenances, red-haired, blear-eyed , mis-

shapen, their iron ornaments clanking like chains. Then the

goddess beat the sins, and they fled out of the city and took

refuge under a pipal tree, and the thieves went on rejoicing

and bathed at Swargdwar, and kept the fast of Nomi, and

worshiped at the birthplace of Rama, and they were

purified from sin, and Yama called Chitra Gupta and

recorder, and their sins were blotted out from the book of

the Judge of the dead. Meanwhile the messengers of Yama

traversing the earth fell in with the sins of the robbers,

standing crying under the pipal tree. On these the

messengers took compassion, and prayed of Yama that the

sins might be re-united to the robbers. But Yama said that

the advantages of bathing at Ajudhia were irrevocable, and

retired to mediate on the banks of the Sarju. Ajudhia was

pleased with the wisdom of Yama, and the place of his

meditation she named Jama Asthal, and appointed a holy

day in his honour on the 2nd of Katik, and the sins were

destroyed under the pipal tree.

Just beside the birth-place of Rama is the

“Kitchen” of Janki-ji. It is the shape like the ordinary

Indian “Chulha,” and is supposed to be always filled

4681

with food. The sight of it satisfied every want; a daily

visit keeps the house supplied with food. Close to this is

the house of Kaikayi, where Bharat-ji was born. On the

other side is that of Somitra, where Lachhman and

Satrohan were born. South-east of this is the Sita Kup,

the waters of which are said to give intelligence to the

drinker.

Below Hanwant Kund is Sobarna Khar, called Sona-

Khar by the people, from a shower of gold which happened

in this wise. There was once a very learned sage named

Vishwa Mitra, to whose door came one day another sage

called Durbasa. Durbasa said, “I am very hungry, give me

some food.” Biswa Mitra immediately brought him a hot

porringer of rice and milk, on which Durbasa asked him

courteously to hold it till be came back from bathing.

Having said this Durbasa went home, and Vishwa Mitra

without feeling any passion, stood firm like a pole, with the

vessel in his hand, for a thousand years. At the end of this

period Durbasa returned, found him very happy, ate the

rice and milk, was highly satisfied, and went home praising

him greatly. (“he who hears this story, shall be freed from

all his sins, and get salvation. There is not doubt of this”)

One Kanto Muni had been in Vishwa Mitra's service all

this time, and Vishwa Mitra taught him fourteen sciences.

Kanto wished his master to ask a fee, but this the sage

twice refused to do, till at last, though patient with more

than the patience of Job, he lost his temper and demanded

fourteen crores of rupees. Kanto despaired of obtaining

this monstrous sum, but he went to Maharaj Ragho, King

4682

of Ajudhia, the greatest man in the world. Now Maharaj

Ragho, after conquering all this foes and amassing a huge

treasure, had at the instance of his wise men, performed the

sacrifice of Vishn-jit, as part of which he distributed all his

wealth among the poor. So complete was his generosity,

that he had reduced himself to the use of dishes of clay. So

when Kanto asked him for fourteen crores, the Raja was at

a loss. He thought to himself, that the tributary Rajas had

already been eased of all their goods, and that further

demands from them would be unavailing, but he told Kanto

to wait a day. In despair he at last appealed to Kober, the

treasurer of the Gods. Kober knew the Raja's

righteousness, and answered the prayer by showering gold

for the space of nearly four hours. From this the Muni took

what he required, and went on his way rejoicing.

South of this are the two pools of Nagriva and

Bibhikan. Also the Jaga Vedi, where Ram Chandr

performed sacrifices, and the Agna Kund or fire-pool. In

the last the sacred day for bathing is the 1st of the dark half

of Aghan, and an observance of this festival secures riches

in this world and immortality in the next. Here the Tiloi and

Sarju meet, and the spot of confluence is sacred and of

sanctifying power. Beside it is Asok Batka the garden of

Raghnath Ji, in the middle of which is Sita Kund, a pond

constructed by Sita with her own hands. A bathing festival

takes place there on the 4th of the dark half of Aghan. West

of these are Biddia Kund and Bidia Debi, which may be

visited on each ashtami of any mouth.

South of this is the Khajoha or Khanjur Kund, the

4683

bathing in which on Sunday cures all deceases, but

especially the itch. Beside it is the Maniparbat or Mountain

of Jewels, a hillock prepared by Ram Chandr for the

amusement of Janki.

Beyond these is a string of ponds, which however

have no peculiar virtues attached to them, Ganesh Kund,

Dasrath Kund, Kosilya Kund, Somita Kund, Kakayi Kund,

Dubar Kund and Mahabar Kund. The two last are named

of the two brothers, whose offerings of flowers had been of

a sweet smelling savour to Siva. Then come Jogni Kund, so

named from the Jogis, who live there, and Urvashi Kund,

whose water gives beauty. Urvashi was a lovely woman,

whom Indra sent to disturb the devotions of a peculiarly

ascetic sage of the Himalayas. The sage would not be

temped, and on his curse she became ugly. Then he

relented, and by his direction she bathed in this tank,

became beautiful as ever, gave her name to the place, and

ascended to heaven. There is a festival here on the 3rd of the

lunar half of Bhadon. Next to it is the Birhaspati Kund, in

which those who bathe avoid the evils, shadowed forth in

their horoscopes. They bathe there on the 5th of the lunar

half of Bhadon. Ruk Mani Kund gives children to the

barren and riches to the poor that bathe in it on the 9th of

the dark of Katik. Another place which has virtue for the

childless is the neighboring pond of Chhirodak or Chhir

Sagar. Here Dasrathji performed a sacrifice, in answer to

which the God appeared with a golden vessel, containing a

meal of rice and milk. This Dasrath divided into three

parts, and distributed to his wives, Kosilya, Kakayi, and

4684

Somitra. Of these were born Ram, Bharat, and Lachhman

and Satrohan. Then the place was called Chhirodak from

the sacred preparation, the colour of which its waters still

retain. The bathing there is on the 11th of the Lunar half of

Kuar.

To the west again near Birhaspati Kund is

Dhamjaksh or Dhanaicha (place of treasure). The King of

Ajudhia, Hari Chandr, had placed there a vast treasure

under the care of Yaksh. The only reward for this fidelity

that the Yaksh asked was that his body might no longer give

forth foul odours under the curse of Kober, whose

rosewater he had pilfered. Hence it is the bestower of

beauty, wisdom, and above all of perfume. Its holy day is

on the 4th of the dark half of every month.

Close to the river is the shrine of Vishn Hari, sacred

to the memory of Vishn Sharma, a famour recluse, and

pools of Chakr Tirth, Basisht Kund, Sagar Kund and

Brahim Kund. Beyond these are the Rin-Mochan which

liberates from all manner of debt or obligation, and Pap-

Mochan which cleanses from all sort of sin. Then comes

the Lachchman Kund, the holy spot opened by Shesh ji for

the descent of Lachhman when summoned from earth by

death. Those who bathe and worship there go to heaven. To

bathe there on the 5th of lunar half of Sawan frees from the

fear of serpents. One who bathes there throughout the

month of Baisakh will live for millions of ages in the

regions of the Gods.

South of Bidya Kund is Vetarni, from bathing in

which one escapes the Judgement of yama. Beside it is

4685

Suraj Kund or Goshark, the water of which heals wounds

and purifies from leprosy. It is especially efficacious on

Sunday, appropriately enough, and on certain other fixed

occasions. It takes its name from Gosh, a king of the Solar

race, who rested there in hunting one day, and whose

wounded hand was cured whenever he put it in to draw

water. The sun was pleased with his grateful praise and

gave his name to the tank. West of it are Rut Kund, the

giver of beauty, and Kam Kund, the giver of happiness,

Mantreshwa Kund, Sitala Devi, where prayers are offered

on Mondays for-delivery from small pox, Bandi Devi,

where on Tuesdays those in prison are prayed for; and

Chhutki Devi, in which one attains all his desires by

snapping his fingers on the 14th day of any month.

To the west of these are Gupta Hari, where Vishnu in

secret did his devotions, and Chakra Hari, where hari

dropped his discus. North of Gupt-Hari is Gopirtar, a spot

of peculiar holiness, as that in which Ram Chandr left

earth for paradise. The chronicles say that Ram Chandr

having found his duties on earth accomplished, prepared

to depart to his celestial home. He performed the usual

ceremonies, took a farewell of his ministers, and then

passed out of the city, like the moon rising from the sea. As

he went out, Lachhmi and Saraswati issued from his arms,

commissioned to spread wealth and wisdom amongst the

mortals of this world. With him went in a body his loving

subjects, clothed in clean garments, with pure hearts

sorrowing. The Gods saw and were moved. They came

gently through the air in their chariots and as they

4686

descended, flowers fell in peaceful showers on the vast

procession. Then said Brahma the supreme Divinity,

“Leave the visible body, and join us, four brothers.” And

Ram Chandr passed into heaven in the company of the

Gods, and the people returned to their homes, “and the

place is holy to this day,” and he who bathes and worships

there, becomes sinless and glorious, whatever his previous

life. The name of the place is Gopirtar, that which carries

across a river, for one is transported there from the shores

of earth to those of heaven. Pilgrimages are made there on

the 15th of Katik and Kuar.

In the neighborhood of Suraj Kund, are several holy

ponds of no special note, Durga Kund, narsram,

Narayana-gram, Tripurari Mahadeo, Bilwa Hari, a shrine

for refuge from poverty, debt, and misfortune; Valmik Tirth

named after a sage, whose pale and motionless body

became enveloped in an ant-hill; the house of Singhi Rikh,

the husband of Ramchandr's sister; Panhari, Bharat Kund,

Nandi Gram, the residence of Bharat; Kalka Kund, Jata

Kund, where Ramchandr and his companions were shaved

on their return from their conquests Ajit Vishnu, Satrohan

Kund, Gyakup, Pishach Mochan, which has a charm

against ghosts; Manus or Puni-Nibas.

And these are the chief of the holy places of Ajudhia

of which there is a fresh one to visit, they say, for every day

of the solar years.”

4263. "Gazetteer of Oudh" by Mr. W.C. Benett, C.S.,

Assistant Commissioner (1877) (Book No. 11). Any other detail

of the said Gentleman is not contained in the book. Copy of

4687

pages No.6 and 7 of the aforesaid Gazetteer have been filed as

Papers No.107C1/25-26 i.e. Ex.7, Suit-5 (Register Vol.20 Page

51-53). He has mentioned about Ajodhya from page 2 to 14 of

the book. It appears that the details of the Ajodhya mentioned in

the said Gazetteer has been written by P. Carnegy, Esq.,

Commissioner and the relevant extract thereof is as under:

"AJODHYA--(Ajodhya)--Pargana HAWELI OUDH--

Tahsil FYZABAD--District FYZABAD.--A town in the

district of Fyzabad, and adjoining the city of that name, is

to the Hindu what Mecca is to the Muhammadans,

Jerusalem to the Jews; it has in the traditions of the

orthodox a highly mythical origin, being founded for

additional security, not on the transitory earth, but on the

chariot wheet of the Great Creator himself. It lies 26* 47'

north latitude and 82* 15' east longitude, on the banks of

the Gogra. The name Ajodhya is explained by well-known

local pandits to be derived from the Sanskrit words--ajud,

unvanquished; also Aj, a name of Brahma,--'The

unconquerable city of the creator.' But Ajodhya is also

called Oudh, which in Sanskrit means a promise; in

allusion, it is said, to the promise made by Ram Chandar

when he went in exile, to return at the end of fourteen

years. These are the local derivations; I am not prepared to

what extent they may be accepted as correct. Dr. Wilson of

Bombay thinks the word is taken from yudh, to fight, 'The

city of the fighting Chhattris.'

Area.--The ancient city of Ajodhya is said to have

covered an area of 12 jojan or 48 kos, and to have been the

capital of Uttar-Kausala or Kosala (the northern treasure),

4688

the country of the Surajbans race of kings, of whom Ram

Chandar was fifty-seventh in descent from Raja Manu,

and of which line Raja Sumintra was the one hundred and

thirteenth and last. They are said to have reigned through

the Satya, Treta, and Dwapar yugs, and two thousand years

of the Kali or present yug or era.

With the fall of the last of Rama's line, Ajodhya

became a wilderness, and the royal races became

dispersed. From different members of this scattered people,

the rajas of Jaipur, Udaipur, Jamber, &c., of modern times,

on the authority of the "Tirhut Katha," claimed to descend.

Even in the days of its desertion, Ajodhya is said still to

have remained a comparative paradise; for the jungle by

which it was overrun was the sweet-smelling Keora, a

plant which to this day flourishes with unusual

luxuriance in the neighbourhood.

Then came the Buddhist supremacy under Asoka and

his successor; a Brahmanical revival then supervened.

With this period the name of Bikramajit is traditionally and

intimately associated, when Buddhism again began to give

place to Brahmanism.

To Bikramajit the restoration of the neglected and

forest-concealed Ajodhya is universally attributed. His

main clue in tracing the ancient city was, of course, the

holy river Sarju, and his next was the shrine, still known as

Nageshwar-nath, which is dedicated to Mahadeo, and

which presumably escaped the devastations of the Buddhist

and Atheist periods. With these elues and aided by

descriptions which he found recorded in ancient

4689

manuscripts, the different spots rendered sacred by

association with the worldly acts of the deified Rama

were identified, and Bikramajit is said to have indicated

the different shrines to which pilgrims from afar still in

thousands half-yearly flock." (emphasis added)

4264. About Janamsthan/Babar's Mosque, Benett has

mentioned the facts virtually consistent to what has been

observed by P. Karnegy and paragraphs 6 and 7 thereof we have

already reproduced while discussing the issues relating to date

of construction of the disputed building. However, since this is

also relevant for these very issues, at the pain of repetition, we

reproduce the same also as under:

"The Janamasthan and other temples.--It is locally

affirmed that at the Muhammadan conquest there were

three important Hindu shrines, with but few devotees

attached, at Ajodhya, which was then little other than a

wilderness. These were the "Janamasthan," the

"Swargaddwar mandir" also known as "Ram Darbar,"

"Treta-ke-Thakur."

On the first of these the Emperor Babar built the

mosque, which still bears his name, A.D. 1528. On the

second, Aurangzeb did the same, A.D. 1658 to 1707; and

on the third, that sovereign or his predecessors built a

mosque, according to the well-known Muhammadan

principle of enforcing their religion on all those whom they

conquered.

The Janamasthan marks the place where Ram

Chandar was born. The Swargaddwar is the gate through

which he passed into paradise, possibly the spot where his

4690

body was burned. The Treta-Ke-Thakur was famous as the

place where Rama performed a great sacrifice, and which

he commemorated by setting up there images of himself

and Sita.

Babar's mosque.--According to Leyden's Memoirs of

Babar, that Emperor encamped at the junction of the Serwa

and Gogra rivers two or three kos east from Ajodhya, on

the 28th March 1528, and there he halted seven or eight

days, settling the surrounding country. A well-known

hunting ground is spoken of in that work, seven or eight kos

above Oudh, on the banks of the Sarju. It is remarkable

that in all the copies of Babar's life now known, the

pages that relate to his doings at Ajodhya are wanting.

In two places in the Babari Mosque, the year in which it

was built, 935 H., corresponding with 1528 A.D., is

carved in stone, along with inscriptions dedicated to the

glory of that Emperor.

If Ajodhya was then little other than a wilderness, it

must at least have possessed a fine temple in the

Janamasthan; for many of its columns are still in

existence and in good preservation, having been used by

the Musalmans in the construction of the Babari

Mosque. These are of strong, close-grained, dark-colored

or black stone, called by the natives kasauti (literally

touch-stone slate,) and carved with different devices. To my

thinking these more strongly resemble Buddhist pillars than

those I have seen at Benares and elsewhere. They are from

seven to eight feet long, square at the base, centre and

capital, and round or octagonal intermediately." (emphasis

4691

added)

4265. In respect to Hindu and Muslims relationship in

Ayodhya on page 7 of the book it says as under:

"Hindu and Musalman.--The Janamasthan is within

a few hundred paces of the Hanoman Garhi. In 1855, when

a great rupture took place between the Hindus and

Muhammadans, the former occupied the Hanoman Garhi

in force, while the Musalmans took possession of the

Janamasthan. The Muhammadans on that occasion

actually charged up the steps of the Hanoman Garhi, but

were driven back with considerable loss. The Hindus then

followed up this success, and at the third attempt took

the Janamasthan, at the gate of which seventy-five

Muhammadans are buried in the "martyrs' grave"

(Ganj-i-Shahidan.) Eleven Hindus were killed. Several

of the king's regiments were looking on all the time, but

their orders were not to interfere. It is said that up to that

time the Hindus and Muhammadans alike used to

worship in the mosque-temple. Since British rule a railing

has been put up to prevent disputes, within which, in the

mosque, the Muhammadans pray; while outside the

fence the Hindus have raised a platform on which they

make their offerings. A second attempt was made shortly

afterwards by Molvi Amir Ali of Amethi; the object was to

seize the alleged site of an old mosque on the Hanoman

Garhi.

The two other old mosques to which allusion has

been made (known by the common people by the name of

Naurang Shah, by whom they mean Aurangzeb) are now

4692

mere picturesque ruins. Nothing has been done by the

Hindus to restore the old mandir of Ram Darbar. The

Treta-Ke-Thakur was reproduced near the old ruin by the

Raja of Kalu, whose estate is said to be in the Panjab, more

than two centuries ago; and it was improved upon

afterwards by Aholya Bai, Marathin, who also built the

adjoining ghat, A.D. 1784. She was the widow of Jaswant

Rae, Holkar of Indor, from which family Rs. 231 are still

annually received at this shrine." (emphasis added)

4266. Then comes A.F. Millitt's "Report on Settlement of

Land Revenue of the Faizabad" (supra) published in 1880,

Several pages, namely, 104, 106, 110 and 230 were placed

before us but when confronted that the facts about Ayodhya

Janamsthan/Babar's Mosque etc. contained in Millet's report

(supra) are virtually verbatim reproduction from P. Carnegy'

Historical Sketch, none could dispute the same. Copies of the

frontispiece as well as page No.218, 231, 235 and 236 have

been filed as Paper No.107C1/27-30A i.e. Ex.8, Suit-5 (Register

Vol.20 Pages 55-62).

4267. However, some relevant part of the report, we feel

appropriate to refer hereat. Chapter I, Section 1, Part 2 shows

that the district Fyzabad was constituted in the form in 1880 as

it was in 1869. About the river, Chapter I, Section 1, para 8 says

as under:

“8. The Gogra is “ the great river of Oudh”, It flows

south-east, and has a fall of 67 feet between Ajudhya and

where it leaves the province, the surface of the water being

at those places respectively 302 and 235 feet above the

level of the sea. Brahmanic lore relates how it had a sacred

4693

origin in the holy tears of Brahma. More prosaic accounts

say that it takes its rise in the upper ranges of the

Himalyas. Further west it is known by other names, but it

commences to be called the Gogra (or Ghagra ) at

Bahramghat, and continues to bear that name throughout

this portion of its course, though it is not uncommonly

spoken of by the people as the Sarju- a name which it

appears to have borne in the seventh century, and which is

also applied to it in the Ramayana."

4268. About the Hindu population the details are given in

Chapter I, Section 4, para 76 at page 30 and it says that "the

Bairagi and Goshain require notice as holding a prominent place

in the population of Ajudhya, though they do not together amount

to 1 per cent. of that of the district."

4269. In respect to tenures he has given certain strange

facts in para 185, Section VI, Chapter 1 at page 66 which reads

as under:

“185. The origin of property in this district, as

traditionally stated, was therefore in essentials and , as a

rule, by usurpation. The lands of conquered country were

parcelled out among the conquerors. Lands, formerly in the

occupation of the conquered, were usurped; lands formerly

in the possession of no one, were eventually occupied; and

the title in either case was often confirmed by a formal

grant. On the part of the ruling power to its conquering

subjects. The families of the original owners, thus

acquiring by usurpation or occupation with or without the

imperial sanction, have in the process of centuries been

mainly displaced by others. They have been bought out, or

4694

they have been transferred their possessions by gift, or they

have been driven out by force, or they have been displaced

by an imperial confiscation; or they have died out and their

property has lapsed to the State, which again may have

conferred a fresh title. And in this manner have sprung up

the various tenures which it is my duty to describe.”

4270. About the general history and aborigines he has

given his comments in Chapter II, Section I, and paras 270 and

271 (Part 1) and 274, 275, 276, 277, 279, 280, 281, 282 and 283

(Part-2) he has said as under:

“270. Once upon a time the Bhars held sway. This is

the starting- point in the annals of the aborigines of nearly

every Chattri clan, and hence apparently has arisen the

assumption that the Bhars were the aborigines of the

district. They seem, however, to belong to a much more

recent places in its history (para 308).”

“271. The Pandits of Ajudhya, again divide the

human race into fourteen original sections, of which eight

are said to have been indigenous to Hindustan, and six to

have inhabited countries beyond its limits. As this

arrangement professes to be based partly on the Shastras,

it may be expected that it coincides pretty closely with what

it is to be found in Manu. The two lists run as folloes:-

Pandit Manu

Punderik, Hirat Pundrakas,

Khas, Kamboh. Odras, Draviras,

Udar, Darwar. Kamhojas,

Yavanas,

Haihai, Chin Sakas, Paradas,

4695

Shak, Pahlav, Parad, Darad. Pahlavas, Chinas,

Taljangh, Barbar Kiratas, Deradas,

and Chasas.

“274. It was, it is supposed, about the time that

Abraham, leaving Ur of the Chaldees, went to sojoun in the

land which was in after generations to be the inheritance of

the Jewish races, that another movement took place in

Upper India, the result of which was to establish in Oudh

the people were to rule it for many centuries. And in whom

even now the ownership of the land of the province is

generally vested. Nor, it may be noticed as a curious

coincidence, was there only this apparent identity of dates

in the two movements, for Ikhasvaku, or Iehwak, the Aryan,

the founder of the Hindu kingdom of Oudh, was namesake

or very nearly so, of Ishbak, one of the children of the

Jewish patriarch.

“275. The Hindus were one of the numerous branches

of the now widespread Aryan race, by whom the

aborigines, whoever they were, were in this part of India

reduced to complete subjection. On this point complete

unanimity of opinion exists, but in what relation the

conquerors and the conquered stood to each other

ethnologically is still a vextia questio."

“276. Elphinstone suggests that the Hindus were,

perhaps; a local tribe like the Dorians in Greece; or even

nothing more than a portion of one of the native states : a

religious sect, for instance, which had outstripped their

fellow citizens in knowledge and appropriated all the

advantages of the society to themselves. There is no reason

4696

whatever, he says, for thinking that the Hindus ever

inhabited any country but their own; and if he admits the

possibility of their having done so, it is only before the

earliest trace of their records or traditions. Nor is the

theory of community of origin for the Hindus and

autochthones altogether foreign to Hindu mythology. Beni

or Vena. Son of Ang, ruler of Ajudhya, one of many

unfortunates of the same kind, is said to have fallen a

victim to the anger of the Brahmans. He died childless, but

his corpse, after the fashion of the ashes of the phoenix,

gave birth to two sons, Nishada or Nekhad, sprung from his

thigh, and Prithu from his right hand. Nekhad became the

ancestor of the aborigines, and Prithu of the Solar race.”

“277. A more recent author, on the other hand, in strong

contrast with the above, writes “ that our earliest glimpses

of the “human family disclose two tribes of widely different

origin! Struggling for the mastery. In the primitive time,

which lies even on the hrizon of inductive history, a “ tall,

fair-complexioned race passed the Himalayas. They came

of a conquering stock. They brought with them a store of

legends and devotionals strains.” And again, “ the

philologer can only assert that a branch of a noble stock

won for themselves a home among numerous but inferior

tribes, and that before the dawn of history the children of

the soil had been reduced to villeinage or driven back into

the forest.”

“279. Manu particularizes three portions of Aryavatta,

viz. Brahmavartta, Brahmarshi, and Madhyadesa, and

invests them with degrees of sancitty inversely

4697

proportioned to their distance from the Saraswati : and

Elphinstone assumes that this classification involves the

history of the extension of the Aryan occupation. On this

hypothesis, as “ that country which lies between Himavat

and Vindhya, to the east of Vinasana, and to the west of

Pryagn, is selebrated by the title of Madhyandesa, or the

Central Region,” it follows that it was not until their third

great onward movement that the Aryans reached Eastern

Oudh.”

“280. In what character they first appeared cannot be

stated with certainty. The usual opinion is that there came

at once a colony or army numbering in its ranks all the

social elements contained in the community of which it was

an offshoot; but it has also been suggested that the main

body was preceded by the analogue of the Jesuit and

settler, and that proselytizing Brahmans, urged by zeal for

the propagation of the Vaidik faith, were the first wave of a

flood tide of immigration, followed closely by a second

composed of those who were actuated by still peaceful but

less unselfish motives- the auri sacra fames, and this view

is not without support. In the tradition, it is based on, it is

said that it was in compliance with the solicitations. Of

oppressed Brahmans that the Solar race first approached

Ajudhya; and in the Mahabharata we find that it was with

Brahmans (and no other caste is mentioned as being with

them) that the Pandavas sojourned during their visits to

Varanavata and Ekachara. In the latter of those placs, too,

and Asura, not a Kshattriya, king was reigning ; and

Wheeler confidently broaches the theory that, at that

4698

period, there were no Aryan principalities so far east even

as the former.”

“281. In whatever character they first came it seems

that it was with Ikhashvaku as their leader they established

themselves as a dominant race at Ajudhya,and that

Ikhasyaku was the first of the long line Solar kings who had

their capital at that place.”

“282. Respecting the extent of Ikhasvaku's dominion it

is permissible to hazard a conjecture. His capital lay on the

extreme east of the Middle Land, and was apparently,

therefore, a border city; his western frontier touched

Brahmarshi, in which Kanauj was included, whence we

may infer that, in that direction, he reigned as far as the left

bank of the Ganges; and as pryag was in the Middle Land,

that river may also have formed his southern boundary.

From this is follows that from the period of its earliest

establishment, the Aryan kingdom of Ajudhya included the

whole of the territory now known as Fyzabad.”

“283. In Oudh. In common with other portions of he

Middle land, it was that,in after days,the Brahmanic system

was to reach its full development, an end, perhaps, in no

slight measure furthered by the efforts of an hierarchy at

Ajudhya. “ In the Middle Land,” says Dr. Hunter, “ the

simple faith of the singers was first adorned with stately

rites and then extinguished beneath them. It beheld the race

progress from a loose confederacy of patriarchal

communities into several well knit nations, each secured by

a strong central force, but disfigured by distinctions of

caste destined in the end to be the ruin of the Sanskrit

4699

people. The compilers of the land law recorded in the Book

of Manu, if not actual residents of the Middle Land, were

so closely identified with it as to look upon it as the focus of

their race;” and says the same author, “ the civilization

which is popularly supposed to have been the civilization of

ancient India, which is represented by the Brahmanas and

Book of Manu, was in its integrity confined to the northern

country termed by Manu the “ Middle Land.” Following,

then, the boundaries assigned by Manu to the Middle Land,

and bearing in mind the vigorous growth to which

Brahmanism there attained , I am led to the conclusion

that,almost coincident with the present eastern boundary of

Oudh, with Pryag and Ajudhya, under whatever names,as

border cities, there long existed and ethnic frontier as

sharply defined as that which Dr. Hunter so graphically

describes as having subsequently formed the utmost limit of

Aryan encroachment in Bengal. In one respect indifference

between the two contiguous but antagonistic races in the

former case than in the later; for, in proportion, it may be

assumed , to the degree of development of Brahmanism,

was the bitterness of hatred it bestowed on its opponents;

and, so far as the formation of the national character is to

be sought in historical events, to the “ fierce shock of

jarring contrasts”which the Aryans of the eastern border of

the Middle Land had to sustain, may perhaps be in part

attributed that warlike disposition by which their

descendant still continue to be characterised.”

4271. About Lord Rama he has dealt in para 286 at page

100 Chapter-II, Section-I, Part 2) as under:

4700

“286. Following the same scale of chronology as

adopted for Ikhahvaku, Rama,who held “ the two fold

office of king and prophet,”must be placed a bout the time

of Solomon, and it is universally agreed that in him we

have a character who deserves a place in history; who

actually once existed in the flesh,which (says his

worshippers) was incarnation of the deity; who was beyond

a doubt the most powerful sovereign of the age in which he

lived ;who first led an Aryan army into Southern India and

Ceylon, and more important than all these together, from

the point of view of local history, raised Ajudhya to that

pitch of splendour for which it has ever since been famous.

His kingdom, mightier even than Ikhshvaku's or

Sravastav's, stretched north and south from the Himalayas

to the Ganges, and east and west from the Gandak to

Nimkhar."

4272. He has dealt with Vikramaditya also from paras 291

to 297 (Chapter-II, Section-I, Part 3) and has recorded his

conclusion in para 297 at page 105 as under:

“297. Vikramaditya was an usurper; at least I have

never heard it asserted that he was the rightful owner of

Ajudhya. As a preliminary, then, to his restoration of that

city, it was indispensable for him to acquire possession of

it; and it cannot be supposed that the Buddhist princes

tamely acquiesced in his appropriation of it, and yielded

without a blow. The picture that presents itself to the mind's

eye is that of Ajudhya and its vicinity the theatre of

religious war; and I think we may discern therein the

beginning, in Eastern India, of those sanguinary and

4701

devastating wars which attended the revival of

Brahmanism and its struggles with the creed of Buddha.”

4273. His further details about Ayodhya are mainly based

on the reports of P. Carnegy and General Cunningham and,

therefore, need not be repeated but about the Mohomedan

conquest of Ayodhya he has given details from paras 310 to 339

(Chapter-II, Section-I, Part-4). Some relevant paras, i.e., 310,

311, 312, 313, 314, 315. 316, 317, 318, 322, 323, 324, 331, 337

and 339 are as under:

“310. From the time of Mahmud of Ghazni dates the

commencement of the Mahomedan period- the period, that

is, of Mahomedand demination. But this is not the full

extent of the social changes which the Ghaznavid and his

successors brought about. I have attributed the beginning

of the work of Kshattriya colonization to Vikramaditya, but

this is far from saying he effected its completion. It

progressed by very slow degrees until the Hindu kingdoms

of the west of India were thrown into confusion by the

attacks of the Musulman invaders; and it then received a

stimulus under the influence of which it continued to go on

steadily for the next five centuries. “Almost all Rajput

colonies in oudh,” says Mr. C. A. Elliott, “will be found to

belong to one of two great classes; and to owe their present

position to the Mahomedan conquest, either indirectly,

having been induced to leave their homes and to seek for

liberty elsewhere by the loss of their ancestral

independence, or else directly, having settled where we now

find them as subjects, servants or grantees of the Delhi

Court”...... “The former class dates between 1200 A. D.

4702

and 1450 A.D. The latter from 1450 A. D. to 1700 A.D.

From Babar to Alamgir”. In point of date, at least, all the

Kshattriyas of this district belong to the former of these two

classes. Their history will be separately given in the second

section of this chapter."

“311. The earliest Mahmedan invasion of this part of

Oudh is locally believed to have occurred as far back as

the time of Mahmud of Ghazni, under the leadership of

Salar Masud Ghazi, Popularly known as Sayyid Salar the

nephew of that prince: and, notwithstanding the silence on

the subject of the early historians whose works are still

extant, such was not improbably the case. The Mirat-ul-

Asrar and the Mirat-i-Masudi, which give detailed

accounts of the expedition, though admittedly modern

composition profess, it must be remembered, to follow a

now lost work of and author who was contemporary with

the events and persons be described. Some weight must be

attached also to the fact that the most prominent place in

the pedigrees of numerous Mahomedan Families in various

parts of Eastern Oudh, and in the Allahabad district also,

is assigned to those who are said to have come to this

country in the time of Sultan Mahmud; many of the Oudh

families asserting that their ancestors actually

accompanied Salar Masud.”

“312. Mahmud himself, moreover, is said to have twice

(A.H 410 and A.H. 413) penetrated as far east as Benares,

having on the first of these occasions “made a few converts

to the faith.” A similar limit is also said to have been

reached a few years afterwards by Ahmad Nailtigin, a

4703

natural son, it is supposed, of Mahmud, who, crossing the

river Ganges, at what point is not stated,marched down the

left bank until he arrived “unexpectedly” at Benares.”

“313. From these two instances it is apparent that

either in or close upon the time of Mahmud, the

Mahomedan arms had been carried further east than

Oudh; and in after days, the main road from Delhi to

Bengal, crossing the Ganges at some ford not far west of

the present city of Farukhabad, ran through Jaunpur and

Benares. It is likely enough, therefore, that this was the

route followed by Mahmud, if not by his son also, in which

case they must have traversed a portion of this province.

Under these circumstances, it is quite within the bounds of

possibility that Mahmud's nephew, Salar Masud, also led

and expedition in the same direction; if not absolutely the

first to do so, he was probably the first to make any

conquests there.”

“314. Salar Masud, having incurred the bitter enmity of

Mahmud's Wazir, whom Mahmud at the time deemed it

prudent to conciliate, was told by his uncle that he must

submit to a temporary absence from the court of Ghazni.

He accordingly requested and obtained permission to make

and expedition into Hindustan, promising that he would

wrest from the pagans the kingdoms then in heir possession

and cause the khutba to read threin in the Sultans name,

Having collected and army of 1, 100,000 men, he set out on

his journey, and, after various exploits, reached Kanauj

and pitched his tents for a while on the banks of the river

Ganges from this he marched to Satrikh, and , fixing his

4704

head-quarters there, sent out armies on every side to

conquer the surrounding country: Salar Saif-ud-din and

Miyan Rajab were despatched against Bahraich, other

against Mahona, others against Gopamau, and others

against Benares and its neighbourhood.”

“315. One day ambassadors arrived at Satrikh bearing

this message from the Rais of Manikpur and Karrah:- “

This kingdom has belonged to us and to our fathers from

time immemorial. No. Musulman has ever dwelt here. Our

Annals relate that the Emperor Zu-I-Karnain made and

expedition against this country and reached Kannauj; and

returned without having crossed the Ganges. Sultan

Mahmud also with your father, came as far as Ajmir,

Guzerat, and Kanauj, but spared our country …... You had

better take the prudent course of retiring.”

“316. Now it chanced that, about this time, Salar

Sahu, Father of Salar Masu, arrived at Satrikh; and letters

having been intercepted which showed that the princes

whose threatening embassy has just been mentioned were

endeavouring to effect and alliance with those of Bahraich

against their common foe, he set out without delay against

them; and dividing his army into two bodies, sent one

against Karrah and the other against Manikpur. Both of

those places were reduced and Salar Sahu returned in

triumph to Satrikh, leaving Malik Abd-ullah in the

neighbourhood of Karaah, and Mir Kutab Haidar at

Manikpur.

“317. During this period it probably was that the first

mahomedan armies reached this district, but no

4705

Mahomedan colonies were planted in it."

“318. Ajudhya, in spite of the expeditions sent from

Satrikh against Benares and other places to he east,

appears, for some unexplained reason, to have escaped the

fate of its neighbours. It seems more plausible to look for

the conqueror of Ajudhya among the lieutenants, perhaps

relations also, of a later prince, Shahab-ud-din, better

known as Muhammad Ghori. Shashab-ud-din, after

defeating Jaya Chandra of Kanauj, with that keen attention

to reaping substantial results from his victory which he

usually displayed set off to plunder the treasury of his late

enemy at Asni; he thus arrived on the right bank of Ganges,

at a spot where that river now forms the boundary of Oudh,

and after his departure thence marched on to attack

Benares. The route he then pursued is not related, but it is

at least incontrovertible that he had to cross over to the

Oudh side of the river before he reached his destination.

Now, the story about the town of Sultanpur is that its captor

was a Ghori. Ajudhya contains “ a tomb of Makhdum

Shah. Juran Ghori, a lieutenants, it is alleged to Shahab-

ud-din Ghori and coins belongings to the Ghori dynasty

have been found near both of those places. Jaunpur also,

with Benares, fell “ finally under the sceptre of the

Musalman when Shahab-ud-din defeated Jaya Chandra

nor, though on the return of the Sultan to Ghazni, his

lieutenants, Kutb-ud-din fixed his courts for sometime at

Asni are any further hostilities asserted to have then taken

place. Kutb-ud-din, was principally employed in receiving

the homage of the rais and chief whose power had been

4706

already broken. It seems to follow,then that the overthrow

of all such fortified posts in South-Eastern Oudh as

declined to admit that their own subjection was involved in

that of Kanauj ( of which, as has been seen, they were

dependencies) is to be attributed to the period of Shahab-

ud-din's progress from Asni to Benares, or that of his

homeward march."

“322. The following is a list of several persons who up

to that time appear to to have been Governors of Oudh,

though it does not pretend to contain the names of all who

held the office:-

1 Malik Shah Makhdum Juran Ghori About A.D. 1192

2 Malik Hisan-ud-din Ughlabak About A.D.1194

3 Muhammad Bakhtiyar Khilji About A.D.1202

4 Kaimaz Rumi, sent from Oudh towards Lakhnauti by

Kutb-ud-din. before About A.D.1210

5 Nasir-ud-din, elder son of Shamsh-u-din

About A.D.1226

6 Nasir-ud-din, son of Mahud, having collected an

army in Hindustan, marched from Oudh to Lakhnauti

1227

7 Nasir-ud-din Tabashi Muizzi. About 1236

8 Kamr-ud-din about 1242

9 Qazi Jalal-ud-din 1243

10 Malik Taj-ud-din Siwistani (subordinate to Katlagi

Khan) 1255

11 Katlag Khan 1256

(In connection with this period occurs mention of the

“Chief of Oudh” among the Chiefs of Hind”)

4707

12 Arslan Khan Sanjar meditates revolt in Oudh 1259

13 Amir Khan Abtagin 1279

14 A nameless Khan of Oudh, perhaps the same as the

next 1286

15 Khan-i-Jahan 1286

16 Malik Ali 1293

17 Ala-ud-din 1293

18 Malik Ala-ul-Mulk 1296

19 Malik Tigin 1321

20 Ain-ul-Mulk. 1340

“323. The Oudh here alluded to, it must at the same

time be remarked, was very much smaller in extent than

either the kingdom of Ram Chandra had been in early

ages, or than the Subah to which it subsequently gave a

name; for contemporary with the Qazi Jalal-ud-din above

named, Nasir-ud-din Mahmud, afterwards emperor, held

the northern portion of the provinces, which constituted the

separate district of Bahraich, and in the opposite direction

where Oudh marches with Manikpur, their mutual

boundary line most likely cut across the south western

corner of the Sultanpur district excluding a large tract from

Oudh, and placing it in Manikpur, while Akbarpur and all

the territory to the east of it probably lay in the government

of Jaunpur ( or Zafrabad).”

“324. Up to shortly before the establishment of the

Sharqi kingdom, the jurisdiction of the governor of Jaunpur

had been limited to 'Jaunpur and Zafrabad,' with such

provinces to the eastward as were held neither by petty

chiefs nor the lords of Lakhnauti; but, when in A.D. 1394,

4708

Mahmud Toghlak deputed his Wazir Khwaja Jehan to that

important charge, he invested him with the newly created

title of Malik-us-shirq, and at the same time extended his

authority over the lover Doab and the provinces on the left

bank of the Ganges When, therefore,later on in the same

year, Khwaja Jehan, throwing off his allegiance to Delhi,

assumed the emblems of royalty, Ajudya, and indeed the

whole of Oudh, was in included in his kingdom.”

“331. Akbar, as is well known, divided his empire into

subabs or provinces, sarkars or divisions, and mahals or

pargana. The name of Oudh, now came to bear a triple

meaning; in the widest sense it was a subah, in its

narrowest a mahal” The subah of Oudh”, says Abul Fazl's

translator, “ in situated in the second climate. The length

from Sarkar Gorakhpur to Kanauj includes 135 kos, and

the breadth from the northern mountains of Seddehpur to

the Subah of Allahabad comprises 115 kos. To the east it

has Bahar; on the north lie mountains; Manikpur bounds

it on the south and Kanauj on the west.” With respect to its

internal constitution, it consisted of five sarkars, Oudh,

Lucknow, Khairabad, Bahraich, and Gorakhpur, which

collectively comprised 134 mahals.

“337. Here, for the third time in its history, Ajudhya;

found a political and religious landmark, of the west the

emblem was the crescent of th east the cross. The masses of

the people, indeed, in both directions were of the same

persuasion: Brahmanism with them still reigned supreme.

The distinction lay between the governing races, not the

governed on the west lay the kingdom of the Mahomedan

4709

and Asiatic, the vasal of the emperor of Delhi; on the east

lay the possessions of the christian and European, subject

to the Presidency of Bengal.

“339. Subjoined is a list of the Nazims of Sultanpur

from the date of the institution of the office until the

annexation of the province:-

1. Mirza Satar Beg 1793 to 1793

2. Sita Pershad 1793 to 1800

3. Raja Niwaz Shah 1801 to 1802

4. Mirza Jani 1803 to 1805

5. Raja Jugal Kishor 1806 to 1805

6. Raja Niwaz Shah 1806 to 1807

7. Fazl Ali Khan 1808 to 1810

8. Mir Khuda Baksh 1811 to 1811

9. Mir Ghulam Husen 1812 to 1812

10. Ikram Mubammad Khan 1812 to 1814

11. Mir Ghulam Husen 1815 to 1817

12. Taj-ud-din Husen Khan 1818 to 1823

13. Raju Darshan singh 1824 to 1827

14. Mehndi Khan 1828 to 1827

15. Mirza Abu-ulla Beg 1835 to 1835

16. Kuth-ud-din Husen Khan 1836 to 1836

17. Raja Darshan Singh 1837 to 1838

18. Mirza Saffshikan Khan 1838 to 1839

19. Atah-ulluh Beg 1840 to 1840

20. Sheik Husen Bakhas 1841 to 1841

21. Wajid Ali Khan 1842 to 1842

22. Taj-ud-din Husen Khan 1843 to 1843

23. Raja Incha Singh 1843 to 1845

4710

24. Kutb-ud-din Husen Khan 1845 to 1845

25. Raja Man Singh 1845 to1847

26. Wajid Ali Khan 1848 to 1849

27. Agha Ali Khan 1850 to 1856"

4274. Further regarding Ayodhya he has given details of

city etc. from paras 611 to 628 (Chapter-II, Section-II). About

the place of special interest i.e., Hanumangarhi mention is made

in para 653 (Chapter-II, Section-II). About various Akharas

including Nirmohi Akhara details are given in paras 656 to 665

(Chapter-II, Section-II). About the Janamasthan and other

temples and Hindu shrines details are given in paras 666 to 669.

We, however, find that these are virtually verbatim reproduction

of P. Carnegy's report and, therefore, do not propose to mention

the same in extensio. In para 618 (Chapter-II, Section-II) it gives

the details of Ram Kot area, i.e., its extension etc. and,

therefore, it may be reproduced as under:

“618. Ramkot- The most remarkable of those was of

course Ramkot, the strong hold of Ramchandar. This fort

covered a large extent of ground, and, according to ancient

manuscripts, it was surrounded by 20 bastion, each of

which was commanded by one of Rama's famous general,

after whom they took the names by which they are still

known. Within the fort were eight royal mansions where

dwelt the patriarch Das rath, his wives and Ram his deified

son.................

1. Hanuman Garhi 11. Kuteswar.

2. Sagreon 12. Labidh Bawan

3. Ungad 13. Mayand

4. Dibadh 14. Rakbach

4711

5. Na! 15. Surumbha

6. Nil 16. Bibhi Khan

7.Sukhen 17. Pindark

8. Kuber 18. Mat Gajyindr.

9. Gwachh 19. Jamwant

10.Dadh Biktr 20. Kesri.

1. Rattan Singas in (thrown room)

2. Kosilla Mandr ( the palace of Kosilla, Raja Disrath's Ist

3. Sumantra Mandir ( ditto ditto 2nd wife)

4. Keki Bhawan (ditto ditto 3rd wife)

5. Subha Mandir ( the court house)

6. Janam Asthan ( Rama's birth place)

7. Nowratan ( assembly room of the queens)

8.Kunak Bhawan ( the golden palace of Ramchandra)

4275. Para 623, 627 and 669 are also important to note

here which say:-

“623. Again it is in Ajudya that we still see pointed

out the birthplace of the founder as well as of four others

of the chief hierarchs of the Jain faith. Here it was that

Rikabdeo of Ikshawaku's royal race matured the schism

some what of a compromise between Brahminism and

Buddhism, with which his name will ever be associated."

“627. The Ajudhya Mahatum.-No account of

Ajudhya would be complete which did not throw some light

on the Ramayan and the Ajudhya Mahatum. Of the former

of these works I need not speak, for through the writings of

Wheeler, Cust, Monier Williams, &c, most readers are

familiar therewith. I will therefore confine my remarks to

the Ajudhya Mahatum, which is comparatively unknown.

4712

This work was prepared to the glorification of Ajudhya,

according to some by Ikshawaku of the solar race, while

others with more probability aver that it is a transcript

from the Askundh and Padam Purans, and is not the

production of any Raja.”

“669. Hindu and Musalman difference.-The

Janmasthan is within a few hundred paces of the Hanuman

Garhi. In 1855, when a great rupture took place between

the Hindu and Mahomedans, the former occupied the

Hanuman Garhi in force, while the Musalmans took

possession of the Janmasthan. The Mahomedans on that

occasion actually charged up the steps of the Hanuman

Garhi, but were driven back with considerable loss. The

Hindus then followed up this success, and at the third

attempt took the Janamsthan, at the gate of which 75

Mahomedans are buried in the “Martyrs” grave” (Ganj-

shahid). Several of the king's regim ents were looking on all

the time, but their orders were not to interfere. It is said

that up to that time the Hindus and Mahomedans alike

used to worship in the mosque temple. Since British rule

a railing has been put up to prevent disputes, within

which in the mosque the Mahomedans pray, while

outside the fence the Hindues have, raised a platform on

which they make their offerings.”

4276. "Barabanki: A gazetteer being Volume XLVIII of

the District Gazetteer of the United Provinces of Agra and

Oudh" compiled and edited by H.R. Nevill, I.C.S., printed by F.

Luker, Supdt., Government Press, United Provinces, Allahabad

in 1904. Copy of pages No.168-169 have been filed as Paper

4713

No.107C1/40-41; Ex No.52, Suit-5. The author has given

reference and details of the Hindu Muslim clash in regard to

“Janam Asthan Temple” which is said to have occurred in 1853

at page 168, 169, 170 which read as under:

“Shortly before annexation an incident occurred in this

district, which may well be recorded as illustrative of the

state of anarchy that then prevailed; unless the utter

weakness of the Government be borne in mind, such

occurrences would appear impossible. A brief reference to

the affair is to be found in the article on Rudauli in the old

Oudh Gazetteer, but a full account appeared in the

“Pioneer” of the 20th of June, 1902 signed Thomas

Catania, and entitled “An Episode in Oudh History.” This I

was enabled to verify through the kindness of Mr. H.J.

Bose, I.C.S., who sent me a second narrative of the affair

furnished by Raj Mahadeo Bali of Rampur in pargana

Daryabad. It would appear that the event happened in the

year 1853. The cause of the occurrence was one of the

numerous disputes that have sprung up from time to time

between the Hindu priests and Musalmans of Ajodhya with

regard to the ground on which formerly stood the

Janamasthan temple, which was destroyed by Babar and

replaced by a mosque. Other mosques had been built there

by Aurangzeb and others, and some of them had fallen into

decay. The ground, being peculiarly scared to the Hindus,

was at once seized by the Bairagies and others, thus

affording a fertile source of friction. According to the

“Pioneer” account, one of the Mahants had been expelled

by his brethren, and in revenge proceeded to Lucknow,

4714

became a Musalman, and spread the news that the Hindus

had destroyed the mosque. At all events, the prime mover in

the business was one Maulvi Amir Ali, a resident of Amethi

in Lucknow and a well-known faqir. This man at once

proceeded to proclaim a jihad in the city and was secretly

assisted by the king. The latter sent orders to Fyzabad to

enquire into the matter, but nothing was done. Thereupon

the Maulvi returned to Amethi and collected a large and

well-armed force of Muhammadans. Hearing of this, the

king deputed Bashir-ud-daula to Amethi and summoned the

Maulvi to Lucknow. Knowing the danger of allowing any

religious disturbance to come to a head, the king openly

proclaimed that no violent action should be taken, but that

the mosque in question should be restored. Amir Ali was far

from satisfied with this and returned to Amethi. Finding

that no action was being taken, he marched with his force

to Bansa, a village about three miles to the north of

Safdarganj in this district, where is the tomb of the saint,

Abd-ul-Razzaq. Here he collected more men, and on

receiving the news of his proceedings the king summoned

Sir James Outram, the Resident, and left it to him to put a

stop to the movement in any way he could.

Consequently an order was sent express to the

Nawab of Fyzabad, who despatched a large force to Bansa.

Amir Ali, however, remained obdurate, and would only

consent to withdraw on the condition that the mosque

should be restored. The Governor's Council suggested that

the King alone could move in the matter, and so the Nawab

was only too glad to have an excuse for doing nothing. The

4715

Maulvi on the other hand, after waiting for a month and

finding that nothing was done, marched to Daryabad,

where he remained for twenty days. The Nawab thereupon

replied by sending four Muftis to preach obedience to the

Maulvi's forces; and this action resulted in the reduction of

Amir Ali's contingent by one-half. The remainder, however,

stood by their leader, and persisted in their intention of

marching to Ajodhya and destroying the Hanuman Garhi.

Accordingly Colonel Barlow, who commanded the First

Regiment of Oudh Irregular Infantry, was ordered to arrest

his progress. He was assisted by Rai Abhairam Bali of

Rampur, and came up with the Maulvi's force at Shujaganj,

a large market on the old high road, and a hamlet of

Phugauli, close of Hayatnagar. The insurgent force is said

to have numbered 2,000 men, while the King's troops

consisted of one regiment and two guns. On coming up with

the rebels, Colonel Barlow gave the order to file, and when

the Musalman gunner begun, out of sympathy with the

Maulvi, to use grape instead of round shot, the Colonel

killed him on the spot and worked the gun himself. The

encounter was a desperate one, and a fierce hand-to-hand

struggle was maintained for three hours. The day was

decided by a flanking movement on the part of Colonel

Barlow, and the rebels were then surrounded by Sher

Bahadur Singh of Kamiar, Thakur Singh and the sepoys of

Rai Abhairam Bali, who were waiting for their opportunity.

The insurgents then broke and fled, but not before a large

number of them had been slain, their estimated loss varying

from 120 to 700, while the First infantry was almost

4716

destroyed. Amir Ali was killed while in the act of prayer,

and his head was sent to the king at Lucknow. For some

years after annexation his memory was preserved in a fair

held in his honour at Rahimganj in Rudauli; but this has

now dwindled to extinction.”

4277. In "Fyzabad A Gazetteer being Vol. XLIII of the

District Gazetteers of the United Provinces of Agra and

Oudh" by H.R. Nevill published in 1905 (Book No. 4), the

history of Ayodhya is also mentioned. Photocopy of the pages

no. 171 to 179 alongwith its frontispiece has been filed as

Exhibit T5 (Suit-4) (Paper No. 43A1/2-11), Register 18, pages

5-23. In Chapter V it is said :

"To the Hindu the holy city of Ajodhya is especially

dear from its connection with Rama and Sita, the types of

perfect men and women. The great epic, called after its

hero the Ramayana, has gained immensely in popularity by

the production of a revision in the vernacular, and Talsi

Das' poem is read and known all over Northern India.

According to the Ramayana, Dasarath, of the Surajbans or

Solar race, was king of Kosala in the third age of Treta Yug

of the Hindu cosmogony. He had four sons, of whom Rama

was the eldest. Sita was daughter of Raja Janak of Mithila,

and Rama won his bride by breaking the bow which no one

else could even bend. Owing to the jealousy of queen

Kaikeyi, Dasaratha was induced to send Rama with Sita

and his brother Lakshman into exile. Sita was enticed away

by Ravana, king of Ceylon, but was recovered after much

fighting with the help of Hanuman and his monkeys. It is

not yet possible to say whether any of this story is really

4717

historical, and not even an approximate date can be

assigned to it. That a kingdom of Kosala, with its capital

at Ajodhya, existed some time before the birth of Christ,

is, however, certain. Ajodhya was also an important city in

Jain literature, and Adinatha or Vrishabha, Ajitanatha,

Abhainandanatha, Sumatinatha and Anantanatha, the first,

second, fourth, fifth and 14th Tirthankaras are said to have

been born there." (emphasis added)

4278. The access of Muslims in Oudh has been dealt with

from Page 149 to 153, which is said to commence with the

invasion of Saiyid Salar Masaud and reads as under :

"The first Musalman invasion of Oudh was,

according to the popular tradition, that of Saiyid Salar

Masaud. The Mirat-i-Masaudi states that the youthful

invador went from Multan to Ajodhya, where, after taking

the city without a struggle, he remained hunting for some

time and then set out for Dehli in 1030 AD. The route taken

is remarkable and the story must be confused in some

manner. There is no mention of his passing through

Ajodhya on his march from Satrikh to Mahraich, where

he met his death; but popular legend steps in to fill the

gap. All along the old Lucknow road are numerous

tomba which the Muhammadans declare to be of the

followers of Saiyid Salar. Near Raunahi is an ancient

mosque and the tombs of two martyrs, Aulia and Makan

Shahid, ascribed to this period. The men of Raunachi will

not pass this way after nightfall; for the road is thronged

with troops of headless horsemen, the silent host of Saiyid

Salary, presumably on their way back from the disastrous

4718

field of Bahraich. If the expedition passed through the

district, as seems hardly probable, it at al events left no

mark. It is said that an expedition came to Oudh in the

reign of Sultan Ibrahim in 1080. If so, the tradition

apparently refers to Hajib Taghatigin, who crossed the

Ganges and advanced further into Hindustan than any

army since the time of Mahmud. In 1194 Muizz-ud-din

Muhammad bin Sam, commonly known as Shahab-ud-din

Ghori, is said to have conquered Oudh after taking

Kannauj, and it is supposed that either he himself or one

of his lieutenants occupied Ajodhya. It was during this

reign that Shah Juran Ghori lived at the capital, where

his tomb is still shown.

It is not quite clear when Ajodhya, or Oudh as it is

called by the historians, became the headquarters of a

Musalman province in the kingdom of Dehli. The country

was apparently subdued in the reign of Qutb-ud-din Aibak.

One of his lieutenants was Malik Hisam-ud-din

Ughlabak, who was appointed to command in Koil in

1198, and was afterwards transferred to the newly

acquired province of Oudh. He was joined there by

Muhammad Bakhtiyar Khilji, who was sent from Budaun,

and with his aid extended the Musalman dominions into

Bihar and Bengal. These were united to Oudh, the capital

of the new province being Lakhnauti in Bengal, and were

placed under the rule of the Khilji nobles. These soon set

up for themselves an independent state, but Oudh

remained under the sway of Dehli, for we hear that

Qutb-ud-din sent his officer, one Kaimaz Rumi, from

4719

Ajodhya to Bengal to receive the submission of the

refractory chiefs, against whom he had to take the field.

Soon after, however, Ali Mardan founded the Bengal

kingdom under the name of Ala-ud-din, and Oudh became

a separate province. It was under the sway of Shams-ud-

din Altamsh, who made his eldest son, Nasir-ud-din

Mahmud, governor in 1228. The latter died in 1229, after

having made a great name in the province. He crushed the

Bhars, who had risen in rebellion and had put to death, it

is said, 120,000 Musalmans. He was apparently

succeeded by his brother, Malik Ghias-ud-din

Muhammad, who raised a rebellion in Oudh againt his

elder brother, Rukh-ud-din, the successor of Altamsh.

During the reign of Rizia, however, the governor was

Nasir-ud-din Tabashi Muizzi, who brought his forces to

Delhi to aid his sovereign against her rebellious nobles. In

1242 the province was in the charge of Qamar-ud-din

Kairan, one of the patrons of Minhaj-us-Suraj, the

author of the Tabakut-i-Nasiri. The duration of his rule is

unknown, but in 1255 Oudh was given to the king's

mother, Malika-i-Jahan, and her husband, Katlagh

Khan, and on this appointment Taj-ud-din Siwistani was

transferred to Bahraich. Katlagh Khan was disliked by

the king and was soon ordered to Bahraich; he refused to

obey, and on the arrival of the royal army under Balban

retreated to Kalinjar. The government at Ajodhya then

passed to Arslan Khan, who in 1259 meditated revolt,

but his designs were again frustrated by Balban, who

procured his pardon. He was, however, removed to Karra,

4720

and his successor was Malik Amir Khan Altagin, who

held Oudh for twenty years, as in 1279 he was sent

against the rebel Tughril of Lakhnauti. He was defeated,

and for his failure was hanged over the tage of Ajodhya.

Balban then marched to Oudh in person and collected

there an immense army and a fleet of boats on the

Ghagra for the expedition to Bengal. Balban died in 1286

and left his son. Bughra Khan, in possession of Bengal,

while Dehli was held by the latter's son, Kaiqubad. It was

at Ajodhya that the famous meeting occurred between

father and son, which led to a reconciliation and a

partition of the country between the two rulers. After

this, Oudh was given to Khan Jahan, who remained

there for two years. In 1289, when Jalal-ud-din

ascended the throne, Malik Ali, a dependant of Balban,

was governor of Oudh, and not unnaturally espoused

the cause of Chhaju, Balban's nephew, who assumed the

royal title in Karra. The Khiljis, however, prevailed and Ali

was captured, but released by the clemency of Jalal-ud-din.

Oudh was given shortly afterwards to Ala-ud-din, who

requited his uncle's kindness by murdering him at

Karra. When established at Dehli he gave Oudh with

Karra to Malik Ala-ul-Mulk, the uncle of the historian,

Zia-ud-din Barni. This man did not hold office for long,

it would seem, as soon afterwards he was kotwal of

Dehli.

For some years nothing is heard of Oudh or Ajodhya,

but the province was considered of much importance by

the sovereigns of the Tughlaq dynasty. In 1321 Malik

4721

Tigin was ruler of Oudh, and was murdered by the

Hindus, after having joined in the revolt against Ghias-

ud-din Tughlaq. He was succeeded by Ain-ul-Mulk, who

ruled the province wisely for many years together with

Zafarabad to the east. About 1343 he was transferred to

Daultabad, and thereupon raised a revolt against

Muhammad Tughlaq. He was defeated near Bangarmau in

Unao, and was taken prisoner, but was forgiven and

restored. Firoz Shah, the next sovereign, is said to have

visited Oudh in the course of his expeditions to Bengal;

his itinerary in the first of these is doubtful, but he

certainly stayed here during the second, and it was on

this occasion that he founded Jaunpur. It is not known

who was governor of Oudh at this time, for Ain-ul-Mulk

was transferred to the Panjab and his successor in Oudh

is not mentioned. It was during this prosperious reign that

the tomb of Qazi Saiyid Taj was built at Lorpur near

Akbarpur, in 782H., a description of which will be found in

the article on that village.

In 1376 the province of Oudh was placed in the

charge of Malik Hisam-ul-Mulk and Hisam-ud-din

Nawa; but not long afterwards, during the confusion that

ensued upon the death of Firoz, the Afghan nobles

endeavoured to establish independent principalities. About

1394 Khawaja-i-Jahan, the Wazir, took possession of

OUdh and all the country between Bihar and Kannauj

and assumed the royal state in Jaunpur. Here he

strengthened himself during the civil wars at DEhli, and

in this way he established a separate kingdom which

4722

endured for many years. OUdh declined in importance,

being quite overshadowed by Jaunpur, and few

references are made either to the province or to its

capital. The Jaunpur kingdom was overthrown by

Bahlol Ldi, who gave Oudh to the celebrated Kala Pahar

Farmuli. This man held the province till his death in the

reign of Ibrahim Lodi, and left his estate to his daughter,

Fateh Malika, who was married to one Sheikh Mustafa,

during whose lifetime the province passed under the

away of the Afghan, Sher Sha. Kala Pahar held Oudh

under the sovereign of Dehli, but was subjected to the

governor of Jaunpur while that place was held by

Barbak. The latter was constantly in trouble with his

rebellious subjects, and on one occasion Sultan Sikandar

Lodi came to Jaunpur to assist his brother, and then spent

a month hunting in the vicinity of Ajodhya." (emphasis

added)

4279. In respect to Mughals, the details commenced from

Page 153, but we propose to refer only the following extract :

"After the defeat of Ibrahim at Panipat, the Afghatn

nobles assembled at Jaunpur and thither Babar send

Kamran with Amir Quli Beg in pursuit. The Afghans retired

before him to Patna, and thus Oudh fell into the hands of

the Mughal Invaders. It was not for long, however, as in

1527 Hindal fled from his post at Jaunpur before the

Afghan Sultan Muhammad. Another force was sent

eastwards and Jaunpur again was occupied and given in

charge to Mirza Juned. The country was retained by Babar

and Humayun till the defeat of the latter by Sher Shah and

4723

his Afghans. In 1528 Babar built the mosque at Ajodhya

on the traditional spot where Rama was born. Sher Shah

and his successor, Islam Shah, held all Hindostan,

including Oudh, but during the confusion and civil war

that followed Islam Shah's death the province was

apparently under the control of Muhammad Adil Shah,

while Sikandar was ruler of the west and Ibrahim was

contending ineffectually with both. There are, however, no

references to Oudh during this period." (emphasis added)

4280. Further it has referred to continuous dispute in

respect to alleged desecration of the place and on page 174, it

says :

"This desecration of the most sacred spot in the city

caused great bitterness between Hindus and Musalmans.

On many occasions the feeling led to bllodshed, and in

1855 an open fight occurred, the Musalmans occupying

the Janamasthan in force and thence making a desperate

assault on the Hanuman Garhi. They charged up the steps

of the temple, but were driven back with considerable loss.

The HIndus then made a counter-attack and stormed the

Janamasthan, at the gate of which seventy-five Musalmans

were buried, the spot being known as the Ganj Shahidan or

the martyrs; resting place. Several of the king's regiments

were present, but their orders were not to interfere. Shortly

afterwards Maulvi Amir Ali of Amethi in Lucknow

organized a regular expedition with the object of destroying

the Hanuman Garhi; but he and his forces were stopped in

the Bara Banki district. It is said that up to this time both

Hindus and Musalmans used to worship in the same

4724

building; but since the mutiny an outer enclosure has

been put up in front of the mosque and the Hindus, who

are forbidden access to the inner yard, make their

offerings on a platform which they have raised in the

outer one."

4281. Some discussion has also been made in respect to

continuous religious confliction between Muslims and Hindus

and on page 175, the Gazetteers says:

"Near the Mani Parbat are two tombs which are

venerated as those of the patriarchs Seth and Tob. They are

mentioned in the Ain-i-Akbari as being of six and seven

yards in length respectively. They are again spoken of in

the Araish-i-Mahfil. To those Colonel Wilford adds that of

Noah, which is still shown near the police-station. The

story goes that they fell here fighting the Hindues and thus

acquired the rank of martyrs; possibly there is some truth

in the story, as it may be that certain Musalmans bearing

these names were killed in one of the frequent religious

conflicts some four centuries ago, the date which

Colonel Wilford assigns to the erections. Other shrines

held sacred by Musalmans include that of Shah Juran

Ghori, who is said to have come with Shahab-ud-din and

destroyed the Jain temple of Adinath in the Murao Tola

near the Swargaddwar, giving his name to the mound on

which his tome stands; the shrine of Naurahni Khurd

Makks, one of the earliest Musalman immigrants and a

renowned saind, said to have been named Mir Ahmad and

to have derived his cognomen from Naurahni whence he

came, and from the muhalla of Ajodhya in which his tomb

4725

stands; that of Khwaja Hathi, a follower of Babar, whose

enshrined tomb on the Kabir Tila, one of the chief bastions

of Ramkot, is still revered; and that of Makhdum Shaikh

Bhikha, a western devotee, who flourished some 200 years

ago and was buried to the east of the city. The shrines of

Shah Saman Fariad-ras and of Shah Chup are other relies

of Muhammadan antiquity, of which all traditions are lost.

The only remaining institutions of Musalman origin are the

Hayat Bakhsh and the Farhat Bakhsh, formerly royal

gardens which have now passed into Hindu hands. The

former was assigned to Pandit Uma Datt by the British

Government, and the latter is partly owned by the Raja of

Jaipur and partly by the Digambari faqirs to who, it was

made over in part compensation for the Guptar Park in

cantonments.

The Hindus temples are all intimately connected

with the history of Ajodhya. Most of them are of

comparatively recent origin, as it would appear that

almost all the ancient shrines were destroyed by

Aurangzeb and other Musalman zealots. The sacred

places of Ajodhya are exceedingly numerous. The spot

according to HIndu mythology represents the forehead of

Vishnu and is the seat of learning and the chief of the seven

tiraths. It is undoubtedly the most important centre of

Vishnu worship in Oudh, if not in the whole of Upper

India, and claims precedence over Muttra and Hardwar. It

is only natural, therefore, that the sacred places connected

with Vishnu in his various incarnations and especially that

of Ram Chandra, the best known of all, should be many in

4726

number and should extend beyond the immediate precincts

of the city, even as far as Bhadarsa and Bilharghat. In 1902

a local committee was formed with the object of

commemorating the coronation of His Imperial Majesty

King Edward VII, and a sum of over Rs. 1,000 was

collected and expended on the erection of stone pillars

marking the sacred spots in Ajodhya and its

neighbourhood. This work has been carried out and no

fewer than 145 such stones have been erected; their

ostensible purpose being to preserve the memory of the

various holy spots and to serve as a guide to pilgrims and

others interested in the place. A complete enumeration

would be useless without some descriptive and historical

account of each, and only the mere important need be here

mentioned.

The chief place of worship in Ajodhya is the ancient

citadel of Ramkot which stood on elevated ground in the

western portion of the city. The old remparts have long

disappeared, but the mound remains, and on it stand a

number of large temples. Foremost among these is the

Hanuman Garhi, a massive structure in the shape of a four-

sided fort with circular bastions at each angle. Above this

on the hill to the west stood the Janamasthan or

birthplace of Rama, and close by are the Kanak Bhawan,

a very fine building erected by the Rani of Tikamgarh or

Orchha; the Sita Rasoi or Sita's kitchen; the Bara

Asthan, the head-quarters of a fraternity called the Bara

Akhara; the Ratan Singhasan marking the place where

Rama was installed after his return from exile; the RAng

4727

Mahal, Anand Bhawan, Kaushalia Bhawan or Janam

Bhumi, and the temple of Amar Das, as well as many

smaller temples and shrines." (emphasis added)

4282. "Imperial Gazetteer of India--Provincial Series--

United Provinces of Agra and Oudh"-Vol. II (1908) (Book No.

16) was published by Superintendent of Government Printing

Calcutta in 1908 and on page 388-389 (Ex.10 Suit-5; Paper

No.107C1/37-39) thereof in respect of “Ajodhya Town”, its

reads as under:

"Ajodhya Town (in Sanskrit Ayodhya; now known as

Ajudhia).--Town in Fyzabad District, United Provinces,

situated in 26* 48' N. and 82* 12' E., on the right bank of

the Gogra, and on a branch of the Oudh and Rohilkhand

Railway. Population (1901) 21,584. The interest of

Ajodhya centres in its ancient history. The old city has

almost entirely disappeared, and only its outlines are

marked by an extensive tract of elevated ground. But

according to tradition Ajodhya was in remote antiquity

one of the largest and most magnificent of Indian cities.

It is said to have covered an area of 12 yojans or 80 to 100

miles in circumference, though the limits according to

modern tradition extend only about 6 miles from Guptar

Ghat on the west to Ram Ghat on the east. Ajodhya was the

capital of the kingdom of Kosala and contained the court of

the great king Dasaratha, fifty-sixth monarch of the

Solar line in descent from Raja Manu. The opening

chapters of the Ramayana recount the magnificence of the

city, the glories of the monarch, and the virtues, wealth,

and loyalty of his people. Dasaratha was the father of

4728

Rama Chandra, the hero of the epic, whose cult has

experienced a great revival in modern times. With the fall

of the last of the Solar line, Raja Sumintra, the one hundred

and thirteenth monarch, Ajodhya became a wilderness and

the royal family dispersed. From different members of this

scattered stock the Rajas of Udaipur, Jaipur, &c., claim

descent. Tradition relates that Ajodhya was restored by

king Vikramaditya of Ujjain, whose identity is a matter of

dispute. Ajodhya was of small importance in Muddhist

times, when Saketa became the chief city of Kosala. It is

still uncertain where Saketa was situated, and it has been

suggested that it occupied part of the ancient city of

Ajodhya. Numismatic evidence points to the rule of a line

of independent Rajas, in or near Ajodhya, about the

commencement of the Christian era. The identifications of

Ajodhya with the capitals of Sha-chi, 'O-yu-t'o, or Pi-so-

kia, visited by the Chinese pilgrims, are all doubtful.

Under the rule of the early Muhammadan kings of

Delhi, Ajodhya or Awadh was the seat of a governor

whose authority extended over a varying tract of

country. When Akbar had firmly established his power in

Northern India, the city became the capital of a Subah or

province. In the eighteenth century it was for a time the

nominal head-quarters of the early Nawabs of Oudh. In

1765, however, Shuja-ud-daula made his residence at

Fyzabad, a few miles away, and Ajodhya lost all

importance, except as a religious centre.

The present town stretches inland from a high bluff

overlooking the Gogra. At one corner of a vast mound

4729

known as Ramkot, or the fort of Rama, is the holy spot

where the hero was born. Most of the enclosure is

occupied by a mosque built by Babar from the remains

of an old temple, and in the outer portion a small

platform and shrine mark the birthplace. Close by is a

larger temple in which is shown the cooking-place of Sita,

the faithful wife of Rama. A lofty temple stands on the bank

of the Gogra at the place where Lakshmana bathed; and

Hanuman, king of the monkeys, is worshipped in a large

temple in the town, approached by an immense flight of

steps, which bears the name Hanuman Garhi. Other

noticeable temples built during the eighteenth and

nineteenth centuries are the Kanakbhawan, a fine building

erected by a Rani of Tikamgarh, the Nageshwarnath

temple, Darshan Singh's temple, and a small marble temple

built by the present Maharaja, Ajodhya also contains a

number of Jain temples, five of which were built in the

eighteenth century to mark the birthplaces of the five

heirarchs who are said to have been born at Ajodhya.

Besides the mosque of Babar, two ruined mosques, built

by Aurangzeb, stand on the sites of celebrated Hindu

shrines--the Swargadwara, where Rama's body was

cremated, and the Treta-ka-Thakur, where he sacrificed.

An inscription of Jai Chand, the last king of Kanauj, has

been found in the latter. Three graves are reverenced by

Musalmans as the tombs of Noah, Seth, and Job, and the

two last are mentioned under those names in the Ain-i-

Akbari. A large mound close by, called the Maniparbat, is

said to have been dropped by Hanuman when carrying a

4730

portion of the Himalayas, while another tradition asserts

that it was formed by the coolies who built Ramkot shaking

their baskets as they left work; it possibly covers a ruined

stupa.

Modern buildings include the spacious residence of

the Maharaja of Ajodhya (see AJODHYA ESTATE) and two

dispensaries. For administrative purposes Ajodhya forms

part of three great fairs take place annually in March-

April, July-August, and October-November, which are

sometimes attended by 400,000 persons. At special fairs

the attendance has been estimated at as many as a

million. There is one public school, while ten Sanskrit

schools contain 350 students." (emphasis added)

4283. H.R. Nevill published another Gazetteer i.e.

"Fyzabad-A Gazetteer being Volume XLIII of the District

Gazetteers of the United Provinces of Agra & Oudh" in 1928

(Paper No.107C1/49-53; Register 20, Pages No.99-107). It says:

“Ajodhya is pre-eminently a city of temples, and

apart from these there are but few points of interest in the

place. Not all of these places of worship are connected with

the Hindu religion. There are six Jain shrines which have

been already mentioned in Chapter III in connection with

Jainism in this district; and there are also the Musalman

mosques and tombs. It is locally affirmed that at the time

of the Musalman conquest there were three important

Hindu shrines at Ajodhya and little else. These were the

Janamasthan temple, the Swargaddwar and the Treta-ka-

Thakur, and each was successively made the object of

attention of different Musalman rulers. The Janamasthan

4731

was in Ramkot and marked the birthplace of Rama. In

1528 A.D. Babar came to Ajodhya and halted here for a

week. He destroyed the ancient temple and on its site

built a mosque, still known as Babar's mosque. The

materials of the old structure were largely employed, and

many of the columns are in good preservation; they are

of close-grained black stone, called by the natives kasauti,

and carved with various devices. Their length is from seven

to eight feet, and the shape square at the base, centre and

capital, the rest being round or octagonal. The mosque has

two inscriptions, one on the outside and the other on the

pulpit; both are in Persian and bear the date 935 Hijri. Of

the authenticity of the inscriptions there can be no doubt,

but no record of the visit to Ajodhya is to be found in the

Musalman historians. It must have occurred about the time

of his expedition to Bihar.

This desecration of the most sacred spot in the city

caused great bitterness between Hindus and Musalmans.

On many occasions the feeling led to bloodshed, and in

1855 an open fight occurred, the Musalmans occupying

the Janamasthan in force and thence making a

desperate assault on the Hanuman Garhi. They charged

up the steps of the temple, but were driven back with

considerable loss. The Hindus then made a counter-attack

and stormed the Janamasthan, at the gate of which seventy-

five Musalmans were buried, the spot being known as the

Ganj Shahidan or the martyrs' resting-place. Several of the

king's regiments were present, but their orders were not to

interfere. Shortly afterwards Maulvi Amir Ali of Amethi in

4732

Lucknow organized a regular expedition with the object of

destroying the Hanuman Garhi; but he and his forces were

stopped in the Bara Banki district. It is said that up to this

time both Hindus and Musalmans used to worship in the

same building; but since the mutiny an outer enclosure

has been put up in front of the mosque and the Hindus,

who are forbidden access to the inner yard, make their

offerings on a platform which they have raised in the

outer one.

The other mosques were built by Aurangzeb and are

now in ruins. That on the Swargaddwar replaced an

ancient temple which has never been restored. The Treta-

ka-Thakur marked the place where Rama performed a

great sacrifice and set up images of himself and Sita. This

was reproduced by the Raja of Kulu in the Punjab more

than two centuries ago it was improved by Ahalya Bai, the

widow of Jaswant Rai Holkar of Indore in 1784, and the

same person built the adjoining ghat. As the temple could

not commemorate her name, she built another called after

herself and gave an annual assignment of Rs.231 to it, the

sum being still paid by the ruler of Indore. The ancient

images were said to have been recovered from the river

where they had been thrown by Aurangzeb, and were

placed in the new Treta-ka-Mandir. This temple is always

closed during the day and is only opened at night on the

11th of the dark and light halves of each month, and for two

or three nights on the occasion of the Ramnaumi and Katki

fairs. The temple is endowed with two or three villages in

Basti, purchased from the offerings made at the shrine.

4733

Near the Mani Parbat are two tombs which are

venerated as those of the patriarchs Seth and Tob. They are

mentioned in the Ain-i-Akbari as being of six and seven

yards in length respectively. They are again spoken of in

the Araish-i-Mahfil. To these Colonel Wilford adds that of

Noah, which is still shown near the police-station. The

story goes that they fell here fighting the Hindus and thus

acquired the rank of martyrs; possibly there is some truth

in the story, as it may be that certain Musalmans bearing

these names were killed in one of the frequent religions

conflicts some four centuries ago, the date which Colonel

Wilford assigns to the erections. Other shrines held sacred

by Musalmans include that of Shah Juran Ghori, who is

said to have come with Sahab-ud-din and destroyed the

Jain temple of Adinath in the Murao tola near the

Swargaddwar, giving his name to the mound on which his

tomb stands; the shrine of Naurahni Khurd Makka, one of

the earliest Musalman immigrants and a renowed saint,

said to have been named Mir Ahmad and to have derived

his cognomen from Naurahni whence he came, and from

the muhalla of Ajodhya in which his tomb stands; that of

Khwaja Hathi, a follower of Babar, whose enshrined tomb

on the Kabir Tila, one of the chief bastions of Ramkot, is

still revered; and that of Makhdum Shaikh Bhikha, a

western devotee, who flourished some 200 years ago and

was buried to the east of the city. The shrines of Shah

Saman Faraidras and of Shah Chup are other relies of

Muhammadan antiquity, of which all traditions are lost.

The only remaining institutions of Musalman origin

4734

are the Hayat Bakhsh and the Farhat Bakhsh, formerly

royal gardens which have now passed into Hindu hands.

The former was assigned to Pandit Uma Datt by the British

Government, and the latter is partly owned by the Raja of

Jaipur and partly by the Digambari faqirs to whom it was

made over in part compensation for the Guptar Park in

cantonments.

The Hindu temples are all intimately connected with

the history of Ajodhya.”

4284. Exhibit 10 (Suit-5) (Register 29 Pages 87-89) is

photocopy of frontispiece and pages 388 and 389 of “Imperial

Gazetteer of India Provincial Series United Provinces of Agra

and Oudh”, Vol. II published in 1934. Pages 388, 389

concerning Faizabad Division reads as under:

“Ajodhya Town (in Sanskrit Ayodhya; now known as

Ajudhia).-Town in Fyzabad District, United Provinces,

situated in 26º48' N. and 82º12' E, on the right bank of the

Gogra, and on a branch of the Oudh and Rohilkhand

Railway. Population (1901), 21,584. The interest of

Ajodhya centres in its ancient history. The old city has

almost entirely disappeared, and only its outlines are

marked by an extensive tract of elevated ground. But

according to tradition Ajodhya was in remote antiquity one

of the largest and most magnificent of Indian cities. It is

said to have covered an area of 12 yojanas or 80 to 100

miles in circumference, though the limits according to

modern tradition extend only about 6 miles from Guptar

Ghat on the west to Ram Ghat on the east. Ajodhya was the

capital of the kingdom of Kosala and contained the court of

4735

the great King Dasaratha, fifty-sixth monarch of the Solar

line in descent from Raja Manu. The opening chapters of

the Ramayana recount the magnificence of the city, the

glories of the monarch, and the virtues wealth and loyalty

of the people. Dasaratha was the father of Rama Chandra,

the hero of the epic, whose cult has experienced a great

revival in modern times. With the fall of the last of the Solar

line, Raja Sumintra, the one hundred and thirteenth

monarch, Ajodhya became a wilderness and the royal

family dispersed. From different members of this scattered

stock the Rajas of Udaipur, Jaipur, & c., claim descent.

Tradition relates that Ajodhya was restored by king

Vikramaditya of Ujjain, whose identity is a mater of

dispute. Ajodhya was of small importance in Buddhist

times, when Saketa became the chief city of Kosala. It is

still uncertain where Saketa was situated, and it has been

suggested that it occupied part of the ancient city of

Ajodhya. Numismatic evidence points to the rule of a line

of independent Rajas, in or near Ajodhya, about the

commencement of the Christian era. The identifications of

Ajodhya with the capitals of Sha-chi 'O-yu-t'o, or Pi-so-kia,

visited by Chinese pilgrims, are all doubtful.

Under the rule of the early Muhammadan kings of

Delhi, Ajodhya or Awadh was the seat of a governor whose

authority extended over a varying tract of country. When

Akbar had firmly established his power in Northern India,

the city became the capital of a Subah or province. In the

eighteenth century it was for a time the nominal head-

quarters of the early Nawabs of Oudh. In 1765, however,

4736

Shuja-ud-daula made his residence at Fyzabad, a few miles

away, and Ajodhya lost all importance, except as a

religious centre.

The present town stretches inland from a high bluff

over-looking the Gogra. At one corner of a vast mound

known as Ramkot, or the fort of Rama, is the holy spot

where the hero was born. Most of the enclosure is occupied

by a mosque built by Babar from the remains of an old

temple, and in the outer portion a small platform and

shrine mark the birthplace. Closed by is a larger temple in

which is shown the cooking-place of Sita, the faithful wife

of Rama. A lofty temple stands on the bank of the Gogra at

the place where Lakshmana bathed; and Hanuman, king of

the monkeys, is worshipped in a large temple in the town,

approached by an immense flight of steps, which bears the

name Hanuman Garhi. Other noticeable temples built

during the eighteenth and nineteenth centuries are the

Kanakbhawan, a five building erected by a Rani of

Tikamgarh, the Nageshwarnath temple, Darshan Singh's

temple, and a small marble temple built by the present

Maharaja. Ajodhya also contains a number of Jain

temples, five of which were built in the eighteenth century

to mark the birthplaces of the five hierarchs who are said

to have been born at Ajodhya. Besides the mosque of

Babar, two ruined mosqus, built by Aurangzeb, stand on the

sites of celebrated Hindu shrines the Swargadwara, where

Rama's body was cremated, and the Treta-ka-Thakur,

where he sacrificed. An inscription of Jai Chand, the last

king of Kanauj, has been found in the latter. Three graves

4737

are reverenced by Musalmans as the tombs of Noah, Seth,

and Job, and the two last are mentioned under those names

in the Ain-i-Akbari. A large mound close by called the

Maniparbat, is said to have been dropped by Hanuman

when carrying a portion of the Himalayas, while another

tradition asserts that is was formed by the coolies who built

Ramkot shaking their basket as they left work; it possibly

covers a ruined stupa.

Modern buildings include the spacious residence of

the Maharaja of Ajodhya (see Ajodhya Estate) and two

dispensaries. For administrative purposes Ajodhya forms

part of the Fyzabad municipality. There is little or no no

trade; but three great fairs take place annually in March-

April, July-August, and October-November, which are

sometimes attended by 400,000 persons. At special fairs the

attendance has been estimated at as many as a million.

There is one public school, while ten Sanskrit schools

contain 350 students.

Akbarpur Town.-Heat-quarters of the tahsil of the

same name in Fyzabad District, United Provinces, situated

in 26º...N, and 82º 32' E, on the Oudh and Rohilkhand

Railway..."

4285. After independence under the authority of

Government of Uttar Pradesh (Revenue Department) District

Gazetteers of Uttar Pradesh in the revised form were published

and the "Uttar Pradesh District Gazetteers-Faizabad" by Smt.

Esha Basanti Joshi (Book No. 17) was published in 1960 printed

at the Indian Press (Private) Ltd., Allahabad. Copy of the

frontispiece and pages No. 34, 36, 46, 47, 352 and 354 have

4738

been filed as paper No.107C1/54-61 i.e. Ex.13, Suit-5 (Register

20; pages 109-123). Defendant no. 20 (Suit-4) has also filed

photocopy of the frontispiece, preface and pages no. 47, 50, 63,

64, 351, 352 and 450 as Exhibit T2 (Suit-4) (Paper No. 43A-

1/12-21), (Register 18 pages 25-43). Regarding disputed

construction, on pages 351, 352 and 353 it says as under:

"Ayodhya (which means invincible) is a place of

great antiquity. According to Hindu mythology it represents

the forehead of Vishnu and is the chief of the seven cities

(saptpuri) of pilgrimage in India. As Carnegy puts it,

"Ajudhia, which is to the Hindu what Mecca is to the

Mohammedan, Jerusalem to the Jews, has in the traditions

of the orthodox, a highly mythical origin, being founded for

additional security not on earth for that is transitory but on

the chariot wheel of the Great Creator himself which will

endure for ever." It is intimately connected with the mass of

legend relating to Rama and the Suryavanshi (Solar) race

and was certainly the capital of several reigning dynasties.

It is one of the most important centres of Vaishnava

worship. Buddhist tradition mentions Saket as the place

where Buddha spent 16 summers and some scholars

consider Ayodhya and Saket to be identical. In the fifth

century A.D. it came under the sway of the Imperial Guptas

and became a flourishing trade centre. Probably the

Chinese pilgrims Fa-hien and Hiuen Tsang visited this

place. Nothing of antiquity has survived as many acts of

vandalism were perpetrated by the different invaders.

For a long period from the seventh century A.D. onwards

the place appears to have been almost deserted. In early

4739

mediaeval times it rose again in importance under the

Muslim rules who made it the seat of government of a large

province. That it was still regarded as a holy spot by the

Hindus is clear from the fact that it was desecrated by

Babur and Aurangzeb and that the presence of a Muslim

governor and his court contrived to keep the Hindu shrines

continually in the back-ground. Ayodhya was also a mint

town under some of the Mughal kings. It is not clear when

it first began to assume its present proportions; the change

presumably occurred about the middle of the 18th century

when the capital of the Muslim rulers was removed from

Ayodhya to the new city of Faizabad and the Qila Mubarak

or fort of Saadat Khan (near Lachhman Ghat in Ayodhya)

was abandoned for his country residence at the Bangla.

With the departure of the court, the Hindus were left to

themselves and numerous temples and monasteries

sprang into existence. Nawal Rai, the deputy of Nawab

Safdar Jung, built a fine house in Ayodhya which still

stands on the river front. Probably this rise in importance

was due to the growing popularity of the Ramcharitmanasa

of Tulsidas and the progress of this place became even

more rapid after the annexation of Avadh by the British.

Before the middle of the nineteenth century Ayodhya was

regarded as a stronghold of Hinduism although the great

family of Sakaldvipi Brahmanas, whose representative bore

the title of 'Maharaja of Ayodhya', had but little to do with

the place and even the fine place of the Maharaja in the

east of the city and its adjoining temple are not very old.

Ayodhya is

4740

pre-eminently a town of temples but not all the places of

worship are connected with the Hindu religion. There are

some Jain shrines and several Muslim mosques and tombs.

It is said that at the time of the Muslim conquest there were

three important Hindu shrines here and little else, the

Janmasthan temple, the Swargadwar and the Treta-ke-

Thakur. The Janmasthan was in Ramkot and marked the

birthplace of Rama. It seems that in 1528 A.D. Babur

visited Ayodhya and under his orders this ancient temple

was destroyed and on the site was built what came to be

known as Babur's mosque. The material of the old temple

was largely employed in building the mosque and a few of

the original columns are still in good preservations; they

are of cloe grained black stone (kasauti) bearing various

Hindu bas-reliefs (see Plate I), the outer beam of the main

structure being of sandal wood. The height of the columns

is seven to eight feet, the shape of the base, the middle

section and the capital is square, the rest being round or

octagonal. There are two inscriptions in Persian, one on

the outside and the other on the pulpit bearing the date

935 Hijri. Subsequently Aurangzeb also desecrated the

shrines of Ayodhya which led to prolonged bitterness

between the Hindus and Muslims. The latter occupied the

Janmasthan by force and also made an assault on

Hanuman Garhi. Attacks and counter-attacks continued,

culminating in the bloodshed of 1855 under the leadership

of Maulvi Amir Ali. As a result, in 1858 an outer

enclosure was put up in front of the mosque and the

Hindus, who were forbidden access to the inner yard,

4741

had to perform their puja on a platform outside. Since

1949 the position has changed and the Hindus have

succeeded in installing the images of Rama and Sita in the

mosque owing to which the spot has become the object of

much litigation. Now the inner yard is protected by an

armed guard and only a few Hindu pujaris (priests) are

allowed access to the inner sanctum." (emphasis added)

4286. Now we turn to some Hindu texts which refers to

Ayodhya as well as Lord Rama which have been relied heavily

by all the learned counsels appearing for Hindu parties.

4287. It was suggested that the origin of Aryan's in Indian

Sub-continent itself is not traceable to several thousand of years

to co-relate them with Lord Rama and to go for a search of his

place of birth at the disputed site do not travel to such length of

time is being argued. For this purpose an attempt was made to

show the meaning of the word "Hindu" in the book Hinduism by

Sri Monier Williams. Let us consider this.

4288. Mr. Monier Williams was born in Bombay on 12th

November 1819. His father, Colonel Monier Williams was

surveyor-general in the Bombay presidency. He matriculated at

Oxford from Balliol College in 1837 but left University in 1839

since nominated for the East India Company's civil services.

While undergoing his training course at Haileybury, he got the

information of death of his brother in India. He relinquished his

nomination and returned to Oxford. He entered University

College to study Sanskrit in 1841-44. He gained Boden

Scholarship in 1843. After obtaining his degree, he became

Professor of Sanskrit, Persian and Hindustani languages.

Married in 1848 on the suggestion of Professor H.H. Wilson in

4742

1851 he started working on a scientifically arranged Sanskrit-

English dictionary. In 1860, he was elected Boden Professor of

Sanskrit at Oxford after a contest with Professor Max Muller. In

the Wikipedia, the free encyclopedia the bio data of Monier

Williams has been given wherein it is mentioned after his

appointment to the professorship, Williams declared that the

conversion of India to Christian religion should be one of the

aims of the orientalist scholarship. In his book “Hinduism” he

predicted the demise of the Hindu religion and called for

Christian evangelism to ward off the spread of Islam. His first

version of Sanskrit-English dictionary was published in 1872.

He founded Indian Institute at Oxford in 1883 which also

provided training ground for Indian Civil Services. He visited

India in 1883 itself to solicit the moral and financial support of

the native princes and other leading men.

4289. The controversy which we are shouldering upon to

adjudicate largely involved historical, religious, philosophical,

social and sociological aspects. The development in growth of

Hindu religion runs concurrent as per beliefs of some about four

thousand years and for others ranging from eight to ten

thousands years to more than a crore years. This itself makes the

complexity of the problem patent. To appreciate the historical

developments, it would be of some interest if we have the idea

and broad features of Hindu religion in this part of Asian

continent which we now call India or Hindustan or Bharat. The

first and foremost aspect of the matter would be whether Hindu

religion by itself is only a religion or it talks of a particular set

of people known by some common features of social and

behavioural pattern including the religious one or denoted by

4743

geographical sense or otherwise. Though there is a lot of

diversion of opinion and presently a serious thought is otherwise

under current amongst the scholars. Upto now the general

accepted version by scholars has been that the word “Hindu”

had its genesis in the river Sindhu, otherwise known as “Indus”

flowing from Punjab. Sir Moniar Williams in his Book

“Hinduism” has said:

“That part of the great Aryan race, which

immigrated from Central Asia, through the mountain

passes into India, settled first in the districts near the river

Sindhu (now called the Indus). The Persians pronounced

this word Hindu and named their Aryan brethren Hindus.

The Greeks, who probably gained their first ideas of India

from the Persians, dropped the hard aspirate, and called

the Hindus "Indoi".

4290. “The Encyclopaedia of Religion and Ethics”, Vol.

VI, has described "Hinduism" as the title applied to that form of

religion which prevails among the vast majority of the present

population of the Indian Empire.

4291. As observed by Dr. Radhakrishnan; "The Hindu

civilization is so called, since its original founders or earliest

followers occupied the territory drained by the Sindhu (the

Indus) river system corresponding to the North-West Frontier

Province and the Punjab. This is recorded in the Rig Veda, the

oldest of the Vedas, the Hindu scriptures which give their name to

this period of Indian history. The people on the Indian side of the

Sindhu were called Hindu by the Persian and the later western

invaders".

4292. What Hindu religion is we have already said while

4744

dealing with Issue No. 17 (Suit-3). As we have seen, if not

impossibly, it is very difficult to define this term or even to

adequately describe it. Hindu religion does not claim any one

prophet, it does not worship a single God, it does not subscribe

to one dogma, does not belief in one philosophical concept, does

not follow any one set of religion, rites or performance. Broadly

speaking, it does not appear to satisfy the traditional features of

any religion or creed as is known in other religions which

narrow down its area of spread and influence. Broadly, it is

described as a way of life and nothing more. The people lacking

in depth knowledge of concept of Hinduism surprise as to what

this name seems to without any content. Is it a museum of

beliefs, a medley of rites, or a mere map, a geographical

expression? Dr. Radhakrishnan posed these questions which

disturbed foreigners when they think of Hinduism and then

explained that the term “Hindu” had originally a territorial and

not a credal significance. It implied residence in a well-defined

geographical area. A boriginal tribes, savage and half-civilized

people, the cultured Dravidians and the Vedic Aryans were all

Hindus as they were the sons of the same mother. The Hindu

thinkers reckoned with the striking fact that the men and women

dwelling in India belonged to different communities,

worshipped different gods, and practiced different rites. That is

how Hinduism has steadily absorbed the customs and ideas of

peoples with whom it has come into contact and has thus been

able to maintain its supremacy and its youth. Hindu religion is a

reflection of the composite characters of the Hindus, who are

not one people but many. It is based on the idea of universal

receptivity. It has always aimed to accommodate itself to

4745

circumstances, and has carried on the process of adaptation

through more than three thousand years. It has first borne with

and then, so to speak, swallowed, digested, and assimilated

something from all creeds. Monier Williams observed that it

must be borne in mind that Hinduism is far more than a mere

form of theism resting on Brahmanism. It presents for our

investigation a complex congeries of creeds and doctrines which

in its gradual accumulation may be compared to the gathering

together of the mighty volume of the Ganges, swollen by a

continual influx of tributary rivers and rivulets, spreading itself

over an ever-increasing area of country and finally resolving

itself into an intricate Delta of tortuous steams and jungly

marshes.

4293. Normally, any recognised religion or religious creed

subscribes to a body of set philosophic concepts and theological

beliefs but it does not apply as such to Hindu religion.

Philosophy in ancient India was not an auxiliary to any other

science or art, like other countries but always held a prominent

position in independence. The Mundaka Upanisad speaks of

Brahma-vidya or the science of the eternal as the basis of all

sciences, 'sarva-vidya-pratishtha'. Philosophy is the lamp of all

the sciences, the means of performing all the works, and the

support of all the duties according to Kautilya. Dr.

Radhakrishnan said that in all the fleeting centuries of history, in

all the vicissitudes through which India has passed, a certain

marked identity is visible. It has held fast to certain

psychological traits which constitute its special heritage, and

they will be the characteristic marks of the Indian people so long

as they are privileged to have a separate existence. The

4746

development of Hindu religion has always been inspired by an

endless quest of the mind for truth based on the consciousness

that truth has many facets. Truth is one, but wise men describe it

differently. The Indian mind has, consistently through the ages,

been exercised over the problem of the nature of godhead and

problem that faces the spirit at the end of life, and the

interrelation between the individual and the universal soul. If we

can abstract from the variety of opinion and observe the general

spirit of Indian thought, we shall find that it has a disposition to

interpret life and nature in the way of monistic idealism, though

this tendency is so plastic, living and manifold that it takes

many forms and expresses itself in even mutually hostile

teachings, says Dr. Radhakrishnan. The monistic idealism which

can be said to be the general distinguishing feature of Hindu

Philosophy has been expressed in four different forms : (1) Non-

dualism or Advitism; (2) Pure monism; (3) Modified monism;

and (4) Implicit monism. These different forms of monistic

idealism purport to derive support from the same ancient

literature that we called vedas, Upanishads, Puranas etc.

Shankaracharya, Ramanujam, Vallabhacharya and

Madhvacharya all based their philosophic concepts on what they

regarded to be the synthesis between the Upanishads, the

Brahmasutras and the Bhagavad Gita. Philosophic concepts and

principles evolved by different Hindu thinkers and philosophers

varied in many ways and even appeared to conflict with each

other in some particulars, they all had reverence for the past and

accepted the Vedas as the sole foundation of the Hindu

philosophy. It appears that since its beginning, it was realized by

Hindu religion that truth by truth was many-sided and different

4747

views contained different aspects of truth which no one could

fully express. This knowledge inevitably bred a spirit of

tolerance and willingness to understand and appreciate the

opponents point of view. That is how the several views set forth

in India in regard to the vital philosophic concepts are

considered to be the branches of the self-same tree. The short

cuts and blind alleys are somehow reconciled with the main

road of advance to the truth. As soon as we appreciate this broad

sweep of the Hindu philosophic concepts, it can be realised that

under Hindu philosophy, there is no scope for ex-

communicating any notion or principle as heretical and rejecting

it as such. Max Muller had observed, the longer I have studied

the various systems, the more have I become impressed with the

truth of the view taken by Vijnanabhiksu and others that there is

behind the variety of the six systems a common fund of what

may be called national or popular philosophy, a large manasa

(lake) of philosophical thought and language far away in the

distant North and in the distant past, from which each thinker

was allowed to draw for his own purposes. The development of

Hindu religion and philosophy shows that from time to time

saints and religious reformers attempted to remove from the

Hindu thought and practices elements of corruption and

superstition and that led to the formation of different sects

despite of his common and divergent respective views of such

saints and religious reformers; underneath there is a kind of

subtle indescribable unity which keeps them within the sweep of

the broad and progressive Hindu religion. Whether it is

Buddhism of Gautam Buddha or Jainism of Mahavir, Lingayat

founded by Basava, Varakari cult initiated by Dnyaneshwar and

4748

Tukaram, Sikhism inspired by Guru Nanak Arya Samaj founded

by Dayananda and Bhakti cult commenced with Chaitanya has

found the teachings of Ramakrishna and Vivekananda etc. All of

them revolted against the dominance of rituals and the power of

the priestly class with which it came to be associated; and all of

them proclaimed their teachings not in Sanskrit which was the

monopoly of the priestly class, but in the languages spoken by

the ordinary mass of people in their respective regions. Beneath

the diversity of philosophic thoughts, concepts and ideas

expressed by Hindu philosophers who started different

philosophic schools, their lie certain broad concepts which can

be treated as basic, though all accept Veda as the highest

authority in religious and philosophic matters. It implies

necessarily that all the systems claim to have drawn their

principles from a common reservoir of thought, i.e., the Veda.

Then all of them accept the view of the great world rhythm. Vast

periods of creation, maintenance and dissolution follow each

other in endless succession. The systems of Hindu philosophy

believe in rebirth and pre-existence. We do not find that all the

Hindu worship the same temples or the same God. There are

certain sections of the Hindu community which do not believe

in the worship of God. In the Hindu Pantheon, numbers of idols

are worshipped by the Hindus. It presents the spectacle of a very

large number of gods who are worshipped by different sections

of the Hindus, but many a times idols in a temple or a temple as

such may not be necessarily to profess the beliefs of Hinduism.

We have discussed these aspects in some detail while

considering the issues relating to juridical personality of deities

of plaintiffs 1 and 2 (Suit-5).

4749

4294. We are of the view that the historicity of Lord Rama

cannot be restricted by any preconceived notion since, if any

such attempt is made not only in respect to Lord Rama but in

other matters also, that may result in havoc and will amount to

playing with the sentiments and belief of millions of people

which are bestowed upon them from generations to generation

and time immemorial.

4295. “Rigveda Samhita” Vol. II (Mandalas 2, 3, 4, 5)

verse 3365 translated by H.H. Wilson and “Bhasya of

Sayanacarya”

3365- Jko;snL; d.kkZa okt;/;S tq”Vkeuq iz fn’ka eUn;/;SA

m}ko’kk.kksa jk/kls rqfo’ekUdj= bUnz% lqrhFkkZHk;a pAA

“Let (his worshipper) cause his ears to listen so as to

invigorate him (by praise), and to give him pleasure in

every acceptable place; and being well moistened with the

Soma juice, may the vigorous Indra render the holy places

(conducive) to our wealth, and free from danger.”

4296. Rigveda Samhita” Vol. II (Mandalas 9, 10) of H.H.

Wilson (supra), verse 9110:

9110- v/kkf; /khfrjl;xzea”kkLrh;sZ u nLeeqi ;UUR;wek%A

vH;ku’e lqforL; “kw’ka uosnlks verkukeHkweAA3AA

“3. The sacrifice has been prepared: the invigorating

portions (of the oblation) approach the beautiful (god) of

excellent birth, as (the waters) at a holy spot (approach

the gods): may we obtain the happiness of heaven: may we

have a real knowledge of the immortals.

Waters at a holy spot—Sayana, as at a tirtha (sacred

ford) the portions of water sprinkled in the act of tarpana

(libation) go to the assembly of the gods. The use of the

term is worthy of notice, as indicating a considerable

4750

advance in legendary mythology.

May we have a real knowledge, etc.--(Sayana

explains navedasah as na na vettara vettara eva, i.e.,

svarupato jnatara eva, “knowing personally”, but it is

difficult to see how “not-knowers,” which is Sayana's

derivation, and also that of Panini, vi. 3. 75, to whom he

refers, can come to mean “knowers.” In his comment on i.

34. 1. Sayana explains it as no paretam vetti, “he does not

know falsely”)”

4297. The work of the Black Yajus Schools entitled

“Taittiriya Sanhita”, Part 2, Kandas IV-VII, translated by

Arthur Berriedale Keith, first published in 1914 and the second

issue in 1967 by Motilal Banarsidass, Delhi, says:

“vi. 1. 1. He makes a hall with beams pointing east. The

gods and men divided the quarters, the gods (obtained) the

eastern, the Pitrs the southern, men the western, the Rudras

the northern. In that he makes a hall with beams pointing

east, the sacrificer approaches the world of the gods. He

covers it over, for the world of the gods is hidden from the

world of men.”

4298. Adhyay-9, verse 381 “Yajurveda Samhita”,

translated by R.T.H. Griffith, third edition 2002 (first edition

1997). It says:

^^381- oktL; uq izlo vkcHkwosek p foÜok Hkqoukfu loZr%A

lusfe jktk ifj;kfr fo}ku iztka iqf’V o/kZ;ekuks vLes LokgkAA 25AA

“Surely the furtherance of strength pervaded all

these existing worlds in all directions. From olden time the

King moves round, well knowing, strengthening all the

people and our welfare.”

1

4751

4299. “Atherva-Veda ka Subodh Bhasya”, Tritiya Bhag

(Kanda 7-10), translated by Dr. Sripad Damodar Satvalekar

published in 1985, at 2. 31, 32 says:

v’Vk pdzk uo}kjk nsokuka v;ks/;kA rL;ksa fg.;;% dks'k% LoxksZ

T;ksfr"kk∙∙or%AA31AA

rfLeu~ fgj.e;s dks'ks™ofj f=izfrf’BrsA rfLeu~ ;n~ ;{kekReUor~ r}S

czg~efonksfonq%AA32AA

¼v’Vk pdzk] uo&}kjk] v;ks/;k nsokuka iw%A ½ ftlesa vkB pdz gSa]

vkSj ukS }kj gS] ,slh ;g v;ks/;k nsoksa dh uxjh gSA ¼rL;ka fgj.;% dks'k%

T;ksfr’kk% vkor% LoxZ%AA½ mlesa rstLoh dks'k gS] tks rst ls ifjiw.kZ LoxZ

gSA AA31AA

“Ayodhya is such abode of Gods, which has eight

‘Chakras’ (wheels) and nine portals. It has a ‘Tejaswi

Kosh’ (golden vessel), which amounts to heaven full of

luminosity.” (E.T.C.)

¼f=% vjs] fHk% izfr’Brs] rfLeu~ rfLeu~ fgj.;;s dks'ka] ;r

vkReUor~ ;{ka rn~ oS czg~e% fonw% fonq%½ rhu vskj ls ;qDr] rhu dsUnzksa esa

fLFkr] mlh rstLoh dks'k esa tks vkReoku ;{k gS mldks fu’p; ls czg~ek

th ekurs gSaA AA32AA

“The self knowing Yaksha (demi God), who exists in

that Tejaswi Kosh surrounded on three sides with three

focal points, is definitely believed so by Brahma Ji.”

(E.T.C.)

4300. “Atharva-Veda Samhita”, Books VIII to XIX,

translated by William Dwigth Whitney (Revised and edited by

Charles Rockwell Lanman) first published in Cambridge in

1905 and re-printed in 2001 by Motilal Banarsidass, at X. 31

and 32 says:

“31. Eight-wheeled, nine-doored, is the impregnable

stronghold of the gods; in that is a golden vessel, heaven-

4752

going (svarga), covered with light.

32. In that golden vessel, three-spoked, having three

supports—what sou-possessing monster (yaksa) there is in

it, that verily the knowers of the brahman know.”

4301. “Skanda-Purana”, translated and annotated by Dr.

G.V. Tagare, Part-VII, first published in Delhi in 1995 by

Motilal Banarasidas at page 142 verses 25, 26-28, 29, 30-31. It

says:

“25. Orh, obeisance to that holy lord Vyass of

unmeasured splendour, with whose favour I know this glory

of Ayodhya.

26-28. May all sages with their disciples hear with

attention. I shall recount the splendid glory of the city of

Ayodhya. It was heard by Skanda from Narada. Then it was

narrated to Agastya. Formerly it was recounted to Krsna

Dvaipayana by Agastya.

O ascetics, it was obtained from Krsna Dvaipayana

by me. With great respect I shall recount it to you all who

are desirous of hearing.

29. I bow down to the immutable Rama, the Supreme

Brahman whose eyes resemble lotus, who is as dark-blue

as a flower of flax (in complexion) and who killed Ravana.

30. Great and holy is the city of Ayodhya which is

inaccessible to perpetrators of evil deeds. Who would not

like to visit Ayodhya wherein Lord Hari himself resided?

31. This divine and extremely splendid city is on

the banks of the river Saray. It is on a par with Amaravati

(the capital of Indra) and is resorted to by many ascetics.”

4302. Page 216 to 219 Chapter-IX verse 54-58, Chapter X

4753

verses, 1-2, 3-6, 7, 8-12, 13-16a, 16b-17, 18-19, 20, 21, 22, 23-

25, 28, 32, 33, 35 and 36 of Skanda-Purana (supra) says as

under:

“54-58. Gold and cooked rice should be given in

accordance with the injunctions to Brahmanas. This must

be performed with great faith by piously disposed men. To

the west of it is the excellent Jatakunda where Rama and

others dropped and removed their matted hairs. Thus

Jatakunda is well-known as the most excellent of all

excellent Tirthas. By taking the holy bath here and by

making charitable gifts, one attains all desires. In the

previous (?eastern) Kundas Bharata should be worshipped

along with Sri. In the Jatakunda Rama and Laksmana

should be worshipped along with Sita. The annual festival

shall be on the fourteenth day in the dark half of Caitra.

Thus in accordance with the great injunctions one

shall worship Rama and Sita (first), then in Bharatakunda

one shall worship Laksmana. The couple should take the

holy plunge in the Amrtakunda duly. Thereby the devotee

dwells in the world of Visnu as an embodiment of

meritorious deeds.”

“1-2. The devotee should worship Ajita (Visnu) by

abstaining from food or taking in only milk. Siddhi

(spiritual achievement) comes within his hands (power).

The great festival should be celebrated with vocal

and instrumental music. An intelligent devotee who does

like this and performs the rites in this manner, shall attain

all desires.”

“3-6. To the north of this is the auspicious Tirtha of

4754

Vira, the great elephant in rut. O sage regularly performing

holy rites.

After taking the holy bath, the devotee should stay

there in front of it determinedly. He attains the complete

Siddhi on realising which he does not bemoan or regret.

Vira (Hero, the elephant deity here) is the defender of

Ayodhya and bestower of all desired objects. The annual

festival shall be celebrated on the Pancami (fifth) day

during Navaratris (Festival on nine days in Asvina). The

deity should be worshipped carefully by means of scents,

incense, flowers etc. and food offerings in accordance with

the injunctions. The deity shall be the bestower of all

desired objects. Whatever he may desire, he shall attain.”

“7. The the south of this is the demoness names

Surasa. O Brahmana, she is a perpetual devotee of Visnu.

She is a bestower of Siddhis.”

“8-12. By devoutly worshipping her one shall realise

all desires. She was brought from her abode in Lanka by

Rama of Magnificent activities. She was installed in

Ayodhya for the sake of its defence. People must observe

vows and restraints, worship her duly and visit her with

great respect. The festival for the sake of realising all

desired objects, bestows auspiciousness. It should be

celebrated with great effort by means of vocal and

instrumental music.

The annual festival shall be celebrated on Trtiya

(third day) during the Navaratris. It is conducive to the

attainment of happiness and progeny. It bestows great

objects. It shall be made pleasant by means of songs,

4755

musical instruments and dances. If everything is done thus,

one shall be well-protected always. There is no doubt about

this.”

“13-16a. In the western direction to this is installed a

very great warrior of excellent heroism called Pindaraka.

He is to be worshipped with great effort by means of scents,

flowers, raw ricegrains etc. As a result of this worship

Siddhis shall be within the reach of men. The worship of

that deity should be performed by men in accordance with

the injunction of worship. The devotee shall take his holy

bath in the waters of Sarayu and then worship Pindaraka

who deludes sinners and bestows good intellect on men of

good deeds always.

The (annual) festival should be celebrated during

Navaratris with great luxury.”

“16b-17. To the west of it, the devotee should

worship Vighnesvara by seeking whom not even the least

obstacle remains (in the affairs) of men. Hence

Vighnesvara, the bestower of all desired benefits, should be

worshipped.”

“18-19. To the north-east of that spot is the place of

the birth of Rama. This holy spot of the birth is, it is said,

the means of achieving salvation etc. It is said that the

place of birth is situated to the east of Vighnesvara, to the

north of Vasistha and to the west of Laumasa.”

“20. Only by visiting it a man can get rid of staying

(frequently) in a womb (i.e. rebirth). There is no necessity

for making charitable gifts, performing a penance or

sacrifices or undertaking pilgrimages to holy spots.”

4756

“21. On the Navami day the man should observe the

holy vow. By the power of the holy bath and charitable

gifts, he is liberated from the bondage of births.”

“22. By visiting the place of birth one attains that

benefit which is obtained by one who gives thousands of

tawny-coloured cows everyday.”

“23-25. By seeing the place of birth one attains the

merit of ascetics performing penance in hermitage, of

thousands of Rajasuya sacrifices and Agnihotra sacrifices

performed every year. By seeing a man observing the holy

rite particularly in the place of birth he obtains the merit of

the holy men endowed with devotion to mother and father

as well as preceptors.”

“28. By (visiting) the city of the Son of Dasarath (i.e.

Rama) in Kali Yuga, it is said, one gets that merit which is

obtained by persons who perform Gayasraddha and then

visit Purusottama (Jagannathapuri).”

“32. By visiting the city of Dasarath's Son in

Kaliyuga (even) for half a moment one obtains the merit of

taking a holy plunge in Ganga for sixty thousand years.”

“33. If living beings contemplate on Rama for a

moment or half a moment, it becomes the destroyer of

ignorance which is the cause of the worldly existence.”

“35. Sarayu is Brahman itself in the form of water. It

always bestows salvation. There is no question of

experiencing the effects of Karma here. The man assumes

the form of Rama.”

“36. Beasts, birds, and animals and all those living

beings of inferior species, become liberated and they go to

4757

heaven in accordance with the words of Srirama.”

4303. “Shri Narsinghpuranam”, Samvat 2056, published

by Geeta Press Gorakhpur, Chapter 62 verse 4, 5 and 6 says:

vpZua lEizo{;kfe fo’.kksferrstl%A

;RdRok equ;% olsZ ija fuokZ.kekIuq;q%AA 4AA

vxzkS fdz;korka nsoks euhf"k.kke~A

izfrekLoYicq)huka ;ksfxuka gn;s gfj%AA5AA

vrks∙xzkS g`n;s lw;ksZ LFkf.Mys izfreklq pA

,rs’kq p gjs% lE;xpZua eqfufHk% LereAAA6AA

JhekdZ.Ms; th us dgk& vPNk] eSA vferrstLoh Hkxoku~ fo’.kq

ds iwtu dh fof/k crk jgk gwWa] ftlds vuqlkj iwtu djds lHkh eqfux.k

ije fuokZ.k ¼eks{k½ in dks izkIr gq, gSaA vfxzesa gou djus okys ds fy;s

Hkxoku~ okl vfxzsesa gSA Kkfu;ksa vkSj ;ksfx;ksa ds fy;s vius &vius gn;

esa gh Hkxoku dh fLFkfr gS rFkk tks FkksM+h cqf)okys gSa] muds fy;s izfrek

esa Hkxoku dk fuokl gSA blfy; s vfx z ] l w; Z ] g `n;] LFk f.My

¼o sn h ½ vk S j i z frek&bu lHk h vk/ k kj k s a e s a H kxoku dk

fof / ki wo Zd i wtu e q fu;k s a }kjk crk;k x;k g SA Hkxoku

lo Ze; g S ] vr% LFk f.My vk S j i z frekvk s a e s a H k h H kxoRi wtu

mRre g SAA** (Hindi Translation)

“Sri Markandey Ji said- Well, I am telling the method

of worshipping extremely luminous Lord Vishnu by virtue

of which all the sages have attained ‘Param Nirvan’

(liberation). For those offering ‘Hawan’ in fire, ‘Bhagwan’

(God) is present in fire. For the wise and the Yogis, God

exists only in their respective hearts, and for those having a

little intellect, God exists in statues. That’s why, the sages

have prescribed for due worship of God in fire, the Sun,

heart, altar and idol. The God is omnipresent. So the

worship of God is good in altars and idols as well.”

(E.T.C.)

4758

4304. “Sri Ramacaritamanasa” published by Geeta Press

Gorakhpur, first edition 1968, 11th edition 1999-“Balkanda”

Chaupai 1-4, Doha 34, page 33 and “Uttara-Kanda” Chaupai 1-

4, page 679 says:

^^pkS0& ,fg fcf/k lc lal; dfj nwjhA flj /kfj xqj in iadt /kwjhAA

iqfu lcgh fcuomWa dj pksjhA djr dFkk tsfg ykx u [kksjhAA1AA

lknj flofg ukb vc ekFkkA cjumW fcln jke xqu xkFkkAA

lacr lksjg ls ,drhlkA djmW dFkk gfj in /kfj xkFkkAA2AA

ukSeh HkkSe ckj e/kqeklkA vo/kiqjh ;g pfjr izdklkAA

tsfg fnu jke tue Jqfr xkofgaA rhjFk ldy rgkWa pfy vkofgaAA3AA

vlqj ukx [kx uj eqfu nsokA vkbZ djfga j?kquk;d lsokAA

tUe egk sRlo jpfg a l qtkukA djfg jke dy dhjfr xkukAA4AA

“Putting away all doubts in this way and placing on

my head the dust from the lotus feet of my preceptor. I

supplicate all with joined palms once more, so that no

blame may attach to the telling of the story. Reverently

bowing my head to Lord Siva, I now proceed to recount the

fair virtues of Sri Rama. Placing my head on the feet of Sri

Hari I commence this story in the Samvat year 1631

(1574 A.D.). On Tuesday, the ninth of the lunar month

of Caitra, this story shed its lustre at Ayodhya. On this

day of Sri Rama's birth the presiding spirits of all holy

places flock there-so declare the vedas—and demons,

Nagas, birds, human beings, sages and gods come and pay

their homage to the Lord of Raghus. Wise men celebrate

the great birthday festival and sing the sweet glory of Sri

Rama”

nks0& eTtfga lTtu can cgq ikou ljtw uhjA

tifga jke /kfj /;ku Mj lqanj L;ke ljhjAA34AA

“Numerous groups of pious men take dip in the holy

4759

water of the Sarayu river and, visualizing in their heart the

beautiful swarthy form of Sri Rama, mutter His name.

(34)”

pkS0 bgkWa Hkkuqdqy dey fnokdjA dfiUg ns[kkor uxj euksgjAA

lquq dihl vaxn yadslkA ikou iqjh :fpj ;g nslkAA 1AA

t|fi lc cSdqaB c[kkukA osn iqjkus fofnr txq tkukAA

vo/kiqjh le fiz; ufga lksÅA ;g izlax tkub dksm dksÅAA2AA

tUe Hkwfe ee iqjh lqgkofuA mRrj fnfl cg ljtw ikofuAA

tk eTtu rs fcufga iz;klkA ee lehi uj ikofga cklkAA3AA

vfr fiz; eksfg bgkWa ds cklhA ee /kkenk iqjh lq[k jklhAA

gj’ks lc dfi lqfu izHkq ckuhA /kU; vo/k tks jke c[kkuhAA4AA

“At the other end Sri Rama, who brought delight to

the solar race as the sun to the lotus, was busy showing the

charming city to the monkeys. “Listen, Sugriva (lord of the

monkeys), Angada and Vibhisana (Lord of Lanka), holy is

this city and beautiful this land. Although all have extolled

Vaikuntha (My divine Abode), which is familiar to the

Vedas and the Puranas and known throughout the world, it

is not so dear to Me as the city of Ayodhya: only some rare

soul knows this secret. This beautiful city is My birthplace;

to the north of it flows the holy Sarayu, by bathing in which

men secure a home near Me without any difficulty. The

dwellers here are very dear to me; the city is not only full

of bliss itself but bestows a residence in My divine Abode.

“the monkeys were all delighted to hear these words of the

Lord and said, Blessed indeed is Ayodhay, that has evoked

praise from Sri Rama Himself!”

4305. “History of Dharmashastra”, translated by

Pandurang Vaman Kane, Part-IV Third Edition 1991 published

by Bhandarkar Oriental Research Institute Poona, Chapter XI

4760

“Tirthayatra” says:

“All religions have laid great emphasis on the

sacredness of certain localities and have either enjoined or

recommended with great insistence pilgrimages to them.

Among the five incumbent practical religious duties of a

Moslem, pilgrimage at least once in his life to Mecca

and Medina, the birth place and burial place of the

prophet Mohammad, is one. The four places of

pilgrimage for Buddhists have been the place of the birth of

Buddha (Lumbini or Rummindei), the place where he

attained perfect enlightenment (Bodh Gaya), the place

where he set in motion the wheel of dharma by delivering

his first sermon (at Sarnath near Benares) and the place

where he passed away into the state of nirvana (Kusinara).

Vide Mahaparinibbanasutta (S.B.E. Vol. XI, p. 90). For

Christians Jerusalem has been the holiest place and no

religious community except the Christians undertook in

historic times several great military pilgrimages. The

crusades were launched to free the Holy Land of Christians

from the domination of Moslems. In spite of what Gibbon

says somewhat cynically about those who joined the

crusades, it must be admitted that there were thousands

among the crusaders who risked their lives and fortunes in

the pursuit of an ideal.” (page 552)

“. . . . Benares and Ramesvara were held sacred by all

Hindus, whether they hailed from the north of India or

from the peninsula.” (page 553)

“The word tirtha occurs frequently in the Rgveda and

other Vedic samhitas. In several passages of the Rgveda

4761

tirtha appears to mean a road or a way (e.g. In Rg. I, 169,

6 'tirthe naryah paumsyani tasthuh', Rg. I. 173. 11 'tirthe

naccha tatrsanam-oko', Rg. IV. 29. 3 'karan-na Indrah

sutirthabhayam ca'). In some places tirtha may be taken to

mean a ford in a river, as in Rg. VII. 47. 11 'sutirtham-

arvato yathanu no nesatha sugam &c.', Rg. I. 46. 8

'aritram vam divas-prthu tirthe sindhunam rathah'. In Rg.

X. 31. 3 'tirthe na dasmamupa yantyumah', tirtha probably

means 'a holy place'.” ( page 554)

“. . . . .so some localities on the earth are held to be very

holy. Tirthas are held to be holy (on three grounds, viz.)

on account of some wonderful natural characteristic of

the locality or on account of the peculiar strikingness (or

grandeur) of some watery place or on account of the fact

that some (holy) sages resorted to them (for bathing,

austerities &c.). Tirtha, therefore, means a locality or spot

or expanse of water which gives rise to the accumulation

of righteousness (merit) owning to its own peculiar

nature without any adventitious circumstance (such as the

presence of Salagrama near it).” (pages 554-555)

“In the Rigveda waters, rivers in general and certain

named rivers are referred to with great reverence as holy

and are deified. In Rg. VII. 49 the refrain of all four verses

is 'may the divine waters protect me' (ta apo devir-iha

mamavantu). In Rg. VII. 49. 1 waters are spoken of as

purifying (punanah). Rg. VII 47, X. 9, X. 30 are hymns

addressed to waters as divinities. They are said to purify a

man not only physically but are also invoked to rid a man

of all sins and lapses from the right path.” (page 555)

4762

“. . . . therefore visiting holy places is superior to

sacrifices.” (page 562)

4306. The above book in Chapter XIV “Gaya” says:

“Four of the most important and holy tirthas have

been dealt with at some length so far. It is not possible in

the space allotted to the section on tirthas to pursue the

same procedure as regards other famous tirthas. It is

proposed to devote a few pages to each of half a dozen or

more tirthas and then to give a somewhat comprehensive

list of tirthas with a few reference in the case of each. But

before proceeding further reference must be made to

certain popular groupings of tirthas. There is a group of

seven cities that are deemed to be very holy and the

bestows of moksa. They are Ayodhya, Mathura, Maya (i.e.

Haridvara), Kasi, Kanchi, Avantika (i.e. Ujjayini),

Dvaraka. In some works it is Kanti and not Kanci that is

mentioned. Badarinatha, Jagannatha Puri, Ramsevara and

Dvaraka—these four are styled Dhama. There are said to

be twelve Jyotirlingas of Siva, according to the Sivapurana

viz. Somanatha in Saurastra, Mallikarjuna on Srisaila hill

(in Karnul District and about 50 miles from the Krishna

station on the G.I.P. Railway), Mahakala (in Ujjayini),

Paramesvara in Omkara-Ksetra (an island in the

Narmada), Kedara in the Himalayas, Bhimasankara

(north-west of Poona at the source of the Bhima river) in

Dakini, Visvesvara in Banares, Tryambakesvara on the

banks of the Gautami, i.e. Godavari (near Nasik),

Vaidyanatha in Citabhumi, Nagesa in Darukavana,

Ramesvara in Setubandha and Ghasnesa in Sivalaya (i.e.

4763

the modern shrine at the village of Elura, 7 miles from

Devagiri or Daulatabad). The Sivapurana (Kotirudra—

samhita) chap. 1 names the twelve Jyotirlingas and

chapters 14-33 narrate the legends connected with the

twelve lingas. The Skandapurana I (Kedarakhanda) chap.

7 verses 30-35 enumerate several lingas including most of

the twelve Jyotirlingas. The Barhaspatyasutra (edited by

Dr. F.W. Thomas) mentions eight great tirthas each of

Visnu, Siva and Sakti, that yield all siddhis.” (pages 677-

678)

^^1535- v;ks/;k eFkqjk ek;k dk'kh dkaph vofUrdkA ,r% iq.;rek% izksDRk%

iqjh.keqRreksRrek%AA czkg~ek.M IV40 91 dk'kh dkUrh p ek;k[;k Ro;ks/;k

}kjoR;fiA eFkqjkofUrdk pSrk lRi iq;ksZ= eks{knk% AA LdUn] dk’kh[k.M]

6] 68 ] dk™P;oUrh }kjkorh dk’;;ks/;k p iJehA ek;kiqjh p eFkqjk iq;Z%

lRi foeqfDrnk%A dk’kh[k.M 23] 7 % v;ks/;k - - - ofUrdk A iqjh }kjorh

Js;k lIrSrk eks{knkf;dk%AA x#.kiqjk.k ¼izsr[k.M½38- 5&6 In the LdUn]

ukxj[k.M 47-4 dkUrh occurs as capital of Rudrasena and in

Brahmanda III 13 94&97 Kantipuri is described as

possessing a place for Vyasa’s contemplation a

Kumaradhara and puskarii. If the reading dkUrh is to be

accepted there name of Khatmsndu and capital of Napal’

while A.G. identifies it with Kotval 20 miles north of

Gwalior.(page 678 Footnote)

4307. The above book at page 736 under the heading “List

of tirthas” says:

“Ayodhya--(in Fyzabad District in U.P.) on the

Ghagra. One of the seven holy cities (vide p. 678n above).

It is also a place of pilgrimage of Jains, as some of their

saints were born there. Atharva-veda X. 2. 31 and Tai, A.