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Appeals on Ayodhya Site

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October 07, 2018

What in news?

Supreme Court declined to refer the issue of reconsideration of its observation that mosque was not integral to Islam, to a larger bench.

What is Babri masjid case about?

  • In 1528, Babri Masjid built by Mir Baqi commander of Mughal emperor Babur.
  • There were various disputes over the site due to the claims by the local Hindus that the site was built in the place where Lord Ram was believed to born.
  • Following the allegations right from 1950’s various Hindu outfits try to make the historical site as Hindu place of worship by placing hindu idols. 
  • When the proceedings of the disputed site was before the court, In 1992, December 6 the mosque was demolished by Hindu outfits.

How was the case proceeded?

  • In 1993 ‘Acquisition of Certain Area at Ayodhya Act’ passed for acquisition of land by Centre in the disputed area.
  • Following this various writ petitions, including one by Ismail Faruqui, filed at Allahabad HC challenging various aspects of the Act.
  • SC says in the historic Ismail Faruqui case that a mosque was not integral to Islam and later also ordered no religious activity of any nature be allowed at the acquired land.
  • In 2010, Allahabad HC, in a 2:1 majority, rules three-way division of disputed area between Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
  • In 2017, SC constitutes three-judge bench to hear pleas challenging the 1994 verdict of the Allahabad HC, following this various petitions were filed to hear this case under five member constitutional bench.
  • Recently SC declines to refer the case to a five-judge Constitution bench, Case to be heard by a newly constituted three-judge bench on October 29.

What is the significance of the recent judgement?

 

 

 

 

 

 

  • In 1994, the Supreme Court observed that “Muslims can offer prayer anywhere, even in open”.
  • In 2016, Supreme Court said a mosque has no “unique or special status” and is not an essential part of the practice of Islam and namaz.
  • Muslim parties involved in the Ramjanmabhoomi title dispute wants the apex court to first re-consider its stand before going ahead with the hearing in the Babri Masjid case.
  • Following this UP government accused Muslim appellants of trying to “delay” the Ramjanmabhoomi-Babri Masjid title dispute hearing in the Supreme Court, saying religious sentiments of a large population are involved in the case.
  • In this scenario SC recently declined to refer the issue of reconsideration of its observation that mosque was not integral to Islam, to a larger bench.
  • By its recent judgement SC has signalled that it will decide the appeals like any other civil suit, based on evidence, and pay little heed to arguments about the “religious significance” of the Ayodhya issue and the communal strife it has caused.

 

Source: The Hindu

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