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Supreme Court upholds its 1994 verdict on Mosque, wouldn’t refer to larger bench


The Supreme Court on Thursday refused to refer its 1994 verdict in the Ismail Faruqui case that the Mosque (Masjid) is not an integral part of Islam.  The court ruled out saying that, ‘Namaz can be offered anywhere, mosque is not essential’. The court also said, it will not be referred to larger bench.

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The case comes at a time, when Supreme Court is likely to hear Ayodhya land dispute case starting from September 29. The top Court had its 1994 verdict held that mosque was not an ‘essential part of the practice of the religion of Islam’ and hence ‘its acquisition  is not prohibited by the provisions in the Constitution of India’.

The apex court was hearing a clutch of pleas by Muslim organisations that argued that the earlier SC verdict should be re-examined and sent to a larger bench but the court today refused to refer it to larger bench.

The 2:1 majority verdict was pronounced by Justice Ashok Bhushan, who read it out on behalf of Chief Justice of India Dipak Misra. Justice S Abdul Nazir, presented a dissenting judgement.

“Whether mosque is integral to Islam to be decided considering belief of religion, requires detailed consideration. Larger bench needs to decide what constitutes essential religious practice,” said Justice Nazir.

Justice Bhushan read the judgement saying, “Observations in Ismail Faruqui judgement on mosques as not essential to religion is in the context of the acquisition of mosque and made with respect to the facts of that case.”

While, there are some Muslim parties called this verdict as unfair to them and played a major role in the Ayodhya land disputed case. According to the 2010 verdict by the Allahabad court, the disputed land was divided in three parts and main part was given to Hindus.

 A 16-century Babri Masjid was demolished in 1992 by thousands of right-wing Karyakartas who said that it had to be demolished so that a temple could be built for Lord Ram, according to them Ram Lord was born there. 

Also read:  Mosque essential to Islam or not

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