SC Dismisses Fresh Plea To Declare Mosque As An Integral Part Of Namaz Of Muslim Community
“The said prayers had been considered by this Court in M. Siddiq (D) Thr. LRs. Vs. Mahant Suresh Das and others etc. and reference to a larger Bench has been refused.”
The Supreme Court on Monday dismissed a new writ petition that sought a declaration that mosque is an integral part of Namaz of a Muslim Community.
The bench comprising of CJI Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph observed that the said prayers had been considered in recent order in Ayodhya case and that reference to a larger Bench was refused in that matter.
Abu Sohel had filed writ petition seeking following reliefs
- Issue a writ of mandamus in the nature of directing that the mosque is an integral part of Namaz of a Muslim Community by considering observatory part of the judgment and order passed in Dr. M. Ismail Faruqui and ors. Vs. Union of India and Ors. (1994) 6 SCC 360;
- A reference be made before the Larger Bench for consideration in Dr. M. Ismail Faruqui and ors. vs. Union of India and Ors. (1994) 6 SCC 360;
The bench then dismissed the plea holding the same as not maintainable.
Ismail Faruqui Judgment And Ayodhya Case.
The Supreme Court in Ismail Faruqui case of 1994 had observed that ‘a mosque is not essential part of the practice of the religion of Islam and Namaz by Muslims can be offered anywhere, even in open’.
In a recent judgment by three judge bench in Ayodhya case, it was held that ‘essentiality’ of mosque ‘need not be read broadly to hold that mosque can never be an essential part of the practice of religion of Islam’ as the earlier observation was in the context of acquisition of land. The bench had refused to refer the appeal to larger bench.
Today the bench headed by Chief Justice Ranjan Gogoi listed the string of appeals against the 2010 verdict of the Allahabad High Court in the Ram Janmabhoomi- Babri Masjid dispute in the first week of January, 2019 for fixing the date of hearing by an appropriate bench.