The Supreme Court is due to pronounce its judgment on whether the Ram Mandir-Babri case should be referred to a larger Bench..The court will pronounce its decision on the limited aspect of whether the law laid down by the Supreme Court in its 1994 judgment in Ismail Faruqui v. Union of India should be revisited by a Constitution Bench..In the Ismail Faruqui judgment, the Supreme Court had held that while offering of prayer or worship is a religious practice, offering prayer at every location where such prayers can be offered would not be an essential or integral part of such religious practice unless the place has a particular significance for that religion so as to form an essential or integral part thereof..The judgment will be pronounced by a Bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer..Live Updates follow:.Supreme Court Bench assembles, pronouncement commences..Judgment by Justice Ashok Bhushan on behalf of himself and CJI Dipak Misra.– Observations in Ismail Faruqui on mosques as not essential to religion is in the context of acquisition of mosque and made with respect to the facts of that case.– The observation in para 52 of Ismail Faruqui has to be understood in the context of immunity from acquisition.– Ismail Faruqui held that all temples, mosques churches etc. are liable to be acquired under eminent domain of the State.– The use of “particular significance” in the Ismail Faruqui judgment is only in the context of immunity from acquisition.– The judgment in Ismail Faruqui will not impact decisions in suits; the observations in that judgment are only with respect to immunity from acquisition; they would not affect suits.– Questionable observations in Ismail Faruqui not relevant for decision making in this suit.– Declines reference to larger Bench.Judgment by Justice Abdul Nazeer.– Justice Abdul Nazeer dissents..– Holds that what is essential to religion as laid down in Ismail Faruqui was arrived at without comprehensive examination; it needs to be re-examined in detail.– Questionable observations in Ismail Faruqui have permeated the Allahabad High Court verdict.– Ismail Faruqui needs to be brought in line with Shirur matt case.Pronouncement concludes. A three judge Bench of the Supreme Court will decide the title dispute..No reference to larger Bench, Supreme Court holds by 2:1 majority.
The Supreme Court is due to pronounce its judgment on whether the Ram Mandir-Babri case should be referred to a larger Bench..The court will pronounce its decision on the limited aspect of whether the law laid down by the Supreme Court in its 1994 judgment in Ismail Faruqui v. Union of India should be revisited by a Constitution Bench..In the Ismail Faruqui judgment, the Supreme Court had held that while offering of prayer or worship is a religious practice, offering prayer at every location where such prayers can be offered would not be an essential or integral part of such religious practice unless the place has a particular significance for that religion so as to form an essential or integral part thereof..The judgment will be pronounced by a Bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer..Live Updates follow:.Supreme Court Bench assembles, pronouncement commences..Judgment by Justice Ashok Bhushan on behalf of himself and CJI Dipak Misra.– Observations in Ismail Faruqui on mosques as not essential to religion is in the context of acquisition of mosque and made with respect to the facts of that case.– The observation in para 52 of Ismail Faruqui has to be understood in the context of immunity from acquisition.– Ismail Faruqui held that all temples, mosques churches etc. are liable to be acquired under eminent domain of the State.– The use of “particular significance” in the Ismail Faruqui judgment is only in the context of immunity from acquisition.– The judgment in Ismail Faruqui will not impact decisions in suits; the observations in that judgment are only with respect to immunity from acquisition; they would not affect suits.– Questionable observations in Ismail Faruqui not relevant for decision making in this suit.– Declines reference to larger Bench.Judgment by Justice Abdul Nazeer.– Justice Abdul Nazeer dissents..– Holds that what is essential to religion as laid down in Ismail Faruqui was arrived at without comprehensive examination; it needs to be re-examined in detail.– Questionable observations in Ismail Faruqui have permeated the Allahabad High Court verdict.– Ismail Faruqui needs to be brought in line with Shirur matt case.Pronouncement concludes. A three judge Bench of the Supreme Court will decide the title dispute..No reference to larger Bench, Supreme Court holds by 2:1 majority.
