The Supreme Court held that the Ram Mandir-Babri case need not to a five-judge Constitution Bench. Effectively, the Court held that its 1994 judgment in Ismail Faruqui v. Union of India during the hearing of the Ayodhya Land dispute need not be revisited. The court also added that the main Ayodhya case will be taken up for hearing in the week starting October 29.
The judgment was delivered by a Bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer on Thursday
Reading out the judgment for himself and Chief Justice of India Dipak Misra, Justice Ashok Bhushan stated that the judgment in Ismail Faruqui will not impact decisions in suits. “The observations in that judgment were only with respect to immunity from
The Hindu parties said that reference to 1994 judgement in the hearing of the title suit in no way impacted the 2010 High Court judgment.
The court was told that the birthplace of Lord Ram acquisition be shifted to another site, while a mosque with no particular religious significance to the Muslims can be shifted as that will “not affect the right to practice religion by offering ‘namaz’ in other mosques”.
To go to pilgrimage is a practice of religious faith both for the Muslims and the Hindus as well, but for the Muslims, “Mecca and Medina alone are places of particular significance” as pilgrimage centres, but for them, such was not the case with Ayodhya/Babri Masjid. However, Justice Abdul Nazeer does not completely agree the conclusions and dissents stating that in the case of Ismail Faruqui v. Union Of India, the case the was not comprehensively examined and so it needs to be revisited and re-examined in detail.