Ayodhya land title dispute: SC paves way for hearing on October 29

Tags: , , , , ,

The Supreme Court on Thursday refused to refer to a larger bench its 1994 judgment which held that a Stating that the 1994 observation was not relevant to decide the Ayodhya land title case, the three-judge bench in 2:1 majority decision said held that the case would be decided on the basis of its own facts and evidence. Justice Ashok Bhushan, writing the judgment for himself and the Chief Justice Dipak Misra, said that The mosque is not essential part of religion must be treated as an observation and not a governing factor, While referring to the recent Supreme Court order that referred the female genital mutilation case to a larger bench, the judge said that the present matter be also heard by the larger bench. The hearing in the land title suit will now start from October 29 and will be heard by a newly constituted three-judge bench as Justice Misra will retire on October 2. The issue to take a relook at its earlier 1994 judgment had come during the hearing of cross-appeals in the Ayodhya land title dispute. The Babri Masjid, a 16th century mosque was destroyed in 1992 by karsewaks so that a temple could be built for Lord Ram at Ayodhya. In 1994, the SC bench had upheld the constitutional validity of the law to acquire land in Ayodhya including a religious place. It had held that offering prayer at any location would not be an essential or integral part of such religious practice unless the place had a particular significance for that religion. It also observed that namaz could be offered anywhere and that a mosque was not necessary for this. Some Muslim parties had flagged the 1994 verdict, arguing that this observation appeared to have weighed heavily over the Allahabad High Court judges who delivered the 2010 verdict in the land title suit. The Uttar Pradesh government has opposed the stand, arguing that the Muslim groups were trying to delay the hearing in the case. The HC in 2010 had partitioned the 2.77 acre of land equally among three parties The apex court had stayed the decision in 2011. Meanwhile, BJP leader Subramanian Swamy said he would move the Supreme Court on Friday for an early listing of the Ram Janmabhoomi issue, adding that his fundamental right to pray overrides the Sunni Waqf Board AIMIM chief Asaduddin Owaisi too said the Ayodhya matter should have been referred to a Constitutional bench. Owaisi said the Masjid was an essential feature of Islam and the judiciary could not decide what was essential to the religion.