Ayodhya Verdict: Supreme Court Declines to Refer Matter to Larger Bench, Says All Temples, Mosques, Churches Equally Relevant
The Supreme Court on Thursday declined to refer the Babri Masjid-Ram Mandir matter to a larger bench. In its verdict, the court said that all temples, mosques and churches are equally relevant.
New Delhi, September 27: The Supreme Court on Thursday, in a 2:1 order, declined to refer the Babri Masjid-Ram Mandir matter to a larger bench. In its verdict, the court said that all temples, mosques and churches are equally relevant. This paves way for hearing in the Ayodhya case, which is set to begin from October 29. The verdict came on a batch of pleas by Muslim groups on the Ram Janmabhoomi-Babri Masjid dispute seeking reconsideration by a larger bench on the observations made by it in a 1994 verdict that a mosque was not integral to Islam. A bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer had reserved the verdict on the pleas on July 20. While Justice Bhushan penned down the judgment on behalf of himself and CJI Misra, Justice Nazeer drafted a separate dissenting judgment. Live updates on Ayodhya matter verdict by Supreme Court.
Justice Bhushan and CJI Misra in their majority judgment said that the observations in the 1994 verdict won't affect the Ram Mandir-Babri Masjid dispute. "Observations in Ismail Faruqui case on mosques is not essential in the context of acquisition of mosque and made with respect to the facts of that case," Justice Bhushan said. "Questionable observations in Ismail Faruqui verdict not relevant for decision making in this suit," the majority verdict said. Ram Mandir Construction Will Begin Before Diwali in Ayodhya, Says BJP MP Subramanian Swamy After Supreme Court Order.
Justice Nazeer Dissents
Justice Abdul Nazeer dissented and pronounced that what the 1994 judgment said needed detailed re-examination. He held that what is essential to religion as laid down in Ismail Faruqui judgment was arrived at without comprehensive examination. Justice Nazeer added that larger bench needed to decide what constitutes essential religious practice.
He added that questionable observations in Ismail Faruqui's case have permeated the Allahabad High Court verdict. "Ismail Faruqui needs to be brought in line with Shirur matt case," Justice Nazeer said.
The 1994 Verdict
In the 1994 verdict, the Supreme Court had observed that namaz can be offered anywhere and that a mosque was not necessary for offering prayers. It had also added that the government could acquire a land for a mosque to be built if needed. Shiv Sena Seek Ordinance Route for Ram Temple at Ayodhya
It was argued by Muslim groups before the Supreme Court bench that the “sweeping” observation of the apex court in the verdict needed to be reconsidered by a five-judge bench as “it had and will have a bearing” on the Babri Masjid-Ram Temple land dispute case. RSS Chief Mohan Bhagwat Rakes Up Ram Temple Issue At 'Bharat Of Future'; 'Building Temple Will Unite Hindus And Muslims'.
M Siddiq, one of the original litigants of the Ayodhya case who has died and is being represented through his legal heir. Senior advocate Rajeev Dhavan, appearing for legal representative of Siddiq, had said that the observation that mosques were not essential for practising Islam were made by the apex court without any enquiry or considering the religious texts.
The Uttar Pradesh government had earlier told the top court that some Muslim groups were trying to delay the hearing in the “long-pending” Ayodhya temple-mosque land dispute case by seeking reconsideration of the observation in the 1994 verdict that a mosque was not integral to Islam.
Additional Solicitor General Tushar Mehta, appearing for the UP government, had said this dispute has been awaiting final adjudication for “almost a century”. Construction of Ram Temple Will Begin Before 2019 General Elections, Says BJP MP Ram Vilas Vedanti
According to BJP MP Subramanian Swamy, the apex court should dismiss the pleas as "entertaining them" would only further delay the final outcome. "The Muslim side knows they are losing the case. These are diversionary tactics," he said.
The Ayodhya land dispute was taken to the courts in 1992, when Hindu activists under the banner of Vishwa Hindu Parishad, razed the five-century-old Babri Masjid built on the site which the VHP claims to be the birthplace of Lord Ram.
(The above story first appeared on LatestLY on Sep 27, 2018 02:13 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).