SC refuses to refer to larger bench issue whether mosque is integral to Islam

M Siddiq, one of the original litigants of the Ayodhya case who has died and is being represented through his legal heir, had assailed certain findings of the 1994 verdict in the case of M Ismail Faruqui holding that a mosque was not integral to the prayers offered by the followers of Islam.

New Delhi: The Supreme Court Thursday declined to refer to a five-judge Constitution bench the issue of reconsideration of the observations made in its 1994 judgement that mosque was not integral to Islam that arose during the hearing of Ayodhya land dispute.

The issue had cropped up when a three-judge bench headed by Chief Justice Dipak Misra was hearing the batch of appeals filed against the Allahabad High Court's 2010 verdict by which the disputed land on the Ram Janmabhoomi-Babri Masjid area was divided in three parts.

A three-judge bench of the high court, in a 2:1 majority ruling, had ordered that the 2.77 acres of land be partitioned equally among three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

Justice Ashok Bhushan, who was reading judgement for himself and the CJI, said it has to find out the context in which the five-judge had delivered the 1994 judgement.

He said earlier finding that mosque is integral to Islam was made in the context of land acquisition and all religions have to be respected equally by the State.

Justice Bhushan said the constitution bench judgement was confined to acquisition of land.

The decision has paved way for the Ayodhya dispute case that will be heard on October 29.

Speaking to a news channel over the matter, BJP leader Subramanian Swamy said that with this judgement the road to the final verdict for Ram Janmabhoomi- Babri Masjid land dispute “had been cleared.” (WATCH REPORT)