New Delhi: The Supreme Court on Thursday refused to refer to a larger bench the issue of re-examination of its verdict in 1994 that mosque was not integral to Islam – an issue that arose during the hearing of Ayodhya land dispute.
The apex court said now the civil suit on land dispute will be heard by a newly constituted three-judge bench on October 29 as Justice Misra will retire on October 2 as the CJI.
Here are the highlights of the top court observed in its 2:1 majority decision that cleared the way for the hearing on the Ram Janmabhoomi-Babri Masjid land dispute case:
1. Justice Bhushan, reading out the judgement, said that the observations made in the Ismail Faruqui case in 1994 were made on acquisition of land and not Islam. “It need not be read broadly to mean mosque can never be essential to practise of Islam,” he said.
2. The top court said the Ayodhya title dispute case heard by a newly constituted three-judge bench on October 29 as Justice Misra will retire as Chief Justice on October 2.
3. The court said that the civil suit has to be decided on the basis of evidence and the 1994 verdict observing that mosque is not integral to Islam will have no bearing on it.
4. All religions and religious places need to be equally respected. Ashoka’s edicts preach tolerance to faith of others, said Justive Bhushan.
5. The 2:1 majority verdict was pronounced by Justice Ashok Bhushan, who read on his and Chief Justice of India Dipak Misra’s behalf. Justice S Abdul Nazeer presented a dissenting judgement.
6. Justice Nazeer referred to the recent Supreme Court order on female genital mutilation and said the present matter be heard by larger bench.
7. Justice Nazeer said what constitutes essential practice of religion needs to be considered in detail by larger bench.
8. Justice Nazir said the 1994 verdict that mosque is not integral to Islam has influenced the Allahabad HC decision to divide equally the disputed land among three parties.