Business Standard

Monday, January 20, 2025 | 08:18 AM ISTEN Hindi

Notification Icon
userprofile IconSearch

Highlights of SC judgment in Ayodhya case

Image

Press Trust of India New Delhi

The following are the highlights of the Supreme Court judgment wherein it declined to set up a larger bench for a re-look of its 1994 verdict which held a "mosque is not an essential part of the practice of Islam", paving the way for the apex court to hear the politically sensitive main Ayodhya title suit.

* A Muslim group had assailed the observations made by a five-judge Constitution bench in 1994 in the Ismail Faruqui case.

* In a majority verdict of 2:1, Chief Justice Dipak Misra and Justice Ashok Bhushan say earlier observation was made in the limited context of "land acquisition".

 

* Observations were neither relevant for deciding the suits nor for deciding these appeals.

* No case has been made out to refer the Constitution Bench judgment of this Court in Ismail Faruqui case for reconsideration.

* SC says has to find out the context in which the five-judge bench had delivered the 1994 judgement.

* Justice S A Nazeer, the third judge, dissented with the majority view.

* He said the question whether mosque was essential part of the religion cannot be decided without a "detailed examination of the beliefs, tenets and practice of the faith" and favoured reconsideration of the issue to a larger bench.

* Justice Nazeer said the questionable observation of 1994 verdict had permeated into the Allahabad High Court's decision in land dispute case.

* He held that the larger bench should decide whether the test for determining the essential practice is both essentiality and integrality.

* Civil suit on land dispute will be heard by a newly constituted three-judge bench from October 29.

Disclaimer: No Business Standard Journalist was involved in creation of this content

Don't miss the most important news and views of the day. Get them on our Telegram channel

First Published: Sep 27 2018 | 7:50 PM IST

Explore News