NEW DELHI: The Supreme Court on Monday served a warning to Nirmohi Akhara for seeking dismissal of the suit filed on behalf of deity 'Ram Lalla', who claims ownership over the 2.77 acre disputed Ayodhya land, by saying that as 'sevait', the Akhara did not have a right independent of the deity.

The Akhara, through senior advocate Sushil Jain, has been labouring for the last three hearing days to convince the SC that it was the sole 'sevait', which had carried out traditional puja and management of idols at the disputed site since 1934, and hence it must be given management rights of the entire 2.77 acre disputed Ram Janmabhoomi-Babri Masjid land in Ayodhya.

Jain had argued that the suit filed by the deity through Devki Nandan Agarwal, in which the Allahabad High Court had on September 30, 2010, divided the disputed land into three equal parts and allotted one each to the deity, Akhara and Sunni Waqf Board, was not maintainable.

A bench of CJ Ranjan Gogoi and Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S Abdul Nazeer repeatedly asked how a 'sevait' could seek dismissal of the deity's suit as a 'sevait' did not have any right independent of the deity.

The bench asked, "If the deity does not get anything at the end of the case, the Akhara will be sevait of what? A sevait and deity stand and fall together. You (Akhara) cannot have an independent right. If the deity does not get anything, can you (Akhara) become sevait of the mosque?"

The judges also told the Akhara that it was contradicting itself by arguing that the suit filed on behalf of the deity was not maintainable and at the same time conceding that the deity was a juridical person. "The deity moving the court through a next friend (Agarwal) is not inconsistent with the provisions of law," it said. Jain said there was never any dispute about the Akhara being the sole body carrying out puja and rituals associated with Ram Lalla at the disputed site.

To the argument that the Akhara alone should be in charge of puja and rituals, the bench said, "Worshipping, seva and puja can be done by anyone."

Jain said that to claim rights of 'sevait', the Akhara need not make the deity a party as it was not necessary. "For the construction of Ram temple in Ayodhya, I would seek cooperation and contribution from all. But the sole claim of the Akhara is to conduct the tradition of puja. It cannot be changed.

Presence of Nirmohi Akhara at the disputed site alone has been proved with documentary evidence," he said. The SC asked the Akhara to complete its arguments on Tuesday.

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