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CJI Led Bench To Consider Ayodhya-Babri Masjid Land Dispute On Monday

Live Law News Network
27 Oct 2018 10:09 AM GMT
CJI Led Bench To Consider Ayodhya-Babri Masjid Land Dispute On Monday
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The Supreme Court will consider the Ayodhya-Babri Masjid land dispute on October 29, Monday. The appeals arising from the 2010 judgment of Allahabad High Court pertaining to division of Ayodhya-Babri Masjid land is listed before the bench of CJI Ranjan Gogoi, Justice S K Kaul and Justice K M Joseph under the caption "direction matters".

On September 27, a three judges bench of the then CJI Dipak Misra, Justice Ashok Bhushan and Justice Abdul Nazeer had decided by 2:1 majority that there was no need to refer the matter to larger bench. The request for reference was made by Senior Advocate Rajeev Dhavan, the counsel for Sunni Waqf Board, on the premise that the observation in the Constitution Bench judgment in Ismail Faruqui case that "offering namaz in mosque is not an essential feature of Islam" required reconsideration. The majority of the then CJI Misra and Justice Bhushan opined that the said observation in Faruqui was not relevant in determining the title dispute of Ayodhya-Babri Masjid land. The majority held that the observations in Faruqui were made in the context of deciding the issue whether a mosque could claim immunity from land acquisition proceedings. However, dissenting from this view, Justice Abdul Nazeer held that the observations in Faruqui case influenced the High Court decision in the title suit, and hence required reconsideration by a larger bench.

After declining the plea for reference to larger bench, the majority had fixed the next date of hearing as October 29.

In December 2017, a plea for postponing the hearing after 2019 Lok Sabha polls was made by Senior Advocates Kapil Sibal, Rajeev Dhavan and Dushyant Dave, on the ground that the political climate was not conducive for hearing the dispute.  However, the bench of the then CJI Misra turned down the plea, after a dramatic hearing session.

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