Wednesday, January 9, 2019

SC to hear Ayodhya title dispute case today: Everything you need to know 


How did the Ayodhya land dispute case get to where it is?


The Supreme Court on Tuesday said the Ayodhya title suit regarding the Babri masjid-Ramjanmabhoomi land dispute would be heard by a five-judge Constitution bench on January 10 (Thursday).

The bench will be led by Chief Justice Ranjan Gogoi, with the other four judges being Justices S.A. Bobde, N.V. Ramana, U.U. Lalit and D Y Chandrachud.

The Supreme Court began hearing the case in December 2017, when the Allahabad high court decision to split the land three ways was appealed.

In the last week of September 2018, the Supreme Court refused to refer to a five-judge Constitution bench a 24-year-old case – the Ismail Faruqui judgment – that said offering prayers in a mosque is not an “essential feature” of Islam. Justice Ashok Bhushan authored the majority judgment, for himself and then Chief Justice Dipak Misra. Justice S.A. Nazeer was the dissenting judge.

The Muslim litigants had requested that the judgment be reopened because the litigants felt it might have an adverse bearing on their claim to the land in question.


While refusing to list the matter before a constitution bench, the Supreme Court said the civil suit will be decided on the basis of evidence and that the previous verdict does not have any relevance.

What the Ismail Faruqui judgment of 1994 was about
The petitioner, Ismail Faruqui, challenged the validity of the Acquisition of Certain Area At Ayodhya Act, 1993, under which 67.703 acres were acquired in the Ramjanmabhoomi-Babri Masjid complex in Ayodhya.

The Supreme Court held that “any step taken to arrest escalation of communal tension” can “by no stretch of argumentation, be termed non-secular”.

No comments:

Post a Comment