Ayodhya [Day-4] Constitution Bench Must Hear This Case Since The Judgment Will Have A Vital Bearing On The Social Fabric Of The Country-Raju Ramachandran, No Need, This Is Just A Property Dispute-Salve [Read Order]

As the hearing in the string of appeals preferred against the 2010 judgment of the Allahabad High Court in the Ayodhya [Ram Janmabhoomi-Babri Masjid] resumed on Friday before the Supreme Court bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice Abdul Nazeer, Senior Counsel Raju Ramachandran informed the bench of the absence of Senior Advocate Rajiv Dhawan on account of his health.At the previous hearings, Dr. Dhawan had argued on the legality of the 1994 apex court judgment in Ismail Farooqui and how it permeated into the impugned judgment of the Allahabad High Court in order to convince the bench to make a reference to a larger bench for the reconsideration thereof.Ayodhya [Day-2] A Mosque May Be Destroyed But The Religious Sentiment Associated With The Place Can't Be Robbed: Dhavan Challenges Farooqui JudgmentMr. Ramachandran sought the permission of the bench to advance submissions on the “utmost importance of the Ayodhya case from the institution of the suits till the proceedings before the Supreme Court”.“The matter needs to go to a five judge bench for its sheer importance”, he contended.He drew the attention of the bench to the 1989 order of a division bench of the Allahabad High withdrawing the aforesaid suits from the Courts of the Addl. District Judge and Civil Judge of Faizabad for trial and disposal by the High Court, and requesting the Chief Justice to nominate a third Judge so that a Full Bench may hear these matters.The UP state government had in 1987 moved an application under Section 24 read with section 151 of the C.P.C., requesting the High Court to withdraw all the suits pending in the Court below. Another Application, for similar relief, was filed in 1989, on the administrative side, requesting for an early disposal of the earlier application. The High Court had noted the government’s submission that “though the dispute is purely of a civil nature, it has assumed importance in the context as it sometimes excites religious sentiments and generates tension between two communities”. The division bench also agreed that “Since the state was concerned in preserving amity and brotherly relations between the two communities”, an early disposal was necessary.Ramjanmabhoomi-Babri Masjid [Day-3]: 'If Polygamy Matter Can Be Referred To Constitution Bench, Why Can't This Serious Issues Be Referred?' Asks Rajeev DhavanRequesting the bench to treat this order as his submission, he elaborated, “these suits were heard and disposed off by a full bench of the Allahabad High Court...Normally, in High Courts, full benches are constituted in the event of conflicting opinions, but here, it was set up on account of the sheer importance of the case and the background, as it existed then...it was in consideration of the significance of the matter that a High Court which does not have an original jurisdiction had withdrawn the suits to itself and set up a three judge bench to hear them...”Indicating the Presidential Reference dated January 7, 1993 under Article 143(1) for opinion on “Whether a Hindu temple or any Hindu religious structure existed prior to the construction of the Ram Janma Bhumi-Babri Masjid (including the premises of the inner and outer courtyards of such structure) in the area on which the structure stood?”, Mr. Ramachandran advanced, “if the Supreme Court had not refused to answer the Reference, the consideration of the question referred and the rendering of opinion thereon would have been undertaken by a five judge bench...and that would have been an original proceeding as the suits stood abated then...”The Senior Counsel on Friday also referred to the 1994 Criminal Contempt Petition (Rajiv Dhawan v. Gulshan Kumar Mahajan) against Vishwa Hindu Parishad leader Giriraj Kishore for having made malicious remarks in connection with the Ayodhya dispute, which tantamount to scandalizing the apex court and lowering its authority. The petition was disposed off by a five judge constitution bench of the Supreme Court in 2014.“Long after the petition was taken on board by a constitution bench in 1994, it was decided by a constitution bench in 2014 as having originated from those proceedings”, he remarked.Mr. Ramachandran on Friday also quoted the order dated June 19, 1984 delivered by former Supreme Court Justice E. S. Venkataramiah in Ram Jethmalani v. UOI in the light of the situation prevailing in the state of Punjab at that time- “I, however, feel that the questions involved are too large and complex for the shoulders of a Single Judge to bear. It is my humble view that these and other cases of like nature should be heard by at least seven learned Judges of this Court whose unquestioned judicial authority, erudition and acumen would be of great assistance in the restoration of peace in one of our great States known for the valour, the devotion, the spirit of sacrifice and the sense of duty towards the country of the people residing in it”.“Justice Venkataramaiah was sitting in a...

Ayodhya [Day-4] Constitution Bench Must Hear This Case Since The Judgment Will Have A Vital Bearing On The Social Fabric Of The Country-Raju Ramachandran, No Need, This Is Just A Property Dispute-Salve [Read Order]

Mehal Jain