Muslims had 'deserted' the disputed structure in Ayodhya since 1934 and no prayers were offered by the community after it was completely 'abandoned', the Centre told the Liberhan Commission on Thursday.
"It (disputed structure) was a deserted and abandoned structure because Muslims were not allowed either to go inside it or because of their own fear. They had completely deserted it in 1934 or at least in 1936," Centre's counsel Lala Ram Gupta told the Commission, which is probing the demolition of the Babri Masjid in Ayodhya on December 6, 1992.
He said probably the Muslims were 'ousted' from the site.
Gupta maintained the idols, which were being worshipped in the outer courtyard (Ram Chabutra) of the disputed site, were not placed in the disputed structure in 1934 or 1936.
He, however, said it was an 'admitted fact' that when communal riots occurred during the period leading to damage to the structure, the cost of repair was borne by the Hindus.
To query from the commission that the Muslims have referred to a December 10, 1949 report of a Wakf Inspector to claim the possession of the disputed structure, the Centre's counsel said, "This is a report of an employee of a Wakf given to the Wakf and cannot be taken as a word of evidence and hence it is inadmissible."
He elaborated his arguments by referring to another report of a Wakf Inspector filed on December 22, 1949 that spoke about the situation on that particular day and not anything about the placing of idols in the disputed structure on December 23.
Gupta said that according to Wakf Inspector Mohammed Ibrahim, Muslims were allowed to offer namaz only on Friday for two hours. He contended that there is no evidence that the Muslims continued to offer namaz inside the disputed structure.
He claimed that an affidavit filed by a Muslim before the Faizabad Magistrate in 1949 said that the mosque was built after destruction of the Ram temple.
