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Babri Masjid Case: UP Govt opposes to Muslims plea to ‘correct’ the 1994 Constitution Bench’s verdict

Babri Masjid Case: UP Govt opposes to Muslims plea to ‘correct’ the 1994 Constitution Bench’s verdict
Pic:Twitter(@TheBabriMasjid)

New Delhi: The years ‘long pending’ Ramjanmabhoomi-Babri Masjid title suit in 1994 only recognized Hindus right to worship at that place and completely ignored the rights of Muslims to offer namaz in the Babri Masjid pointed out Senior Counsel Rajiv Dhavan in Supreme Court.

The three judges bench headed by CJI Dipak Misra, Justices Ashok Bhushan and Abdul Nazeer were hearing the appeals relating to the title dispute of Ramjanmabhoomi site.

When Counsel submitted the 1994’s Constitution Bench’s verdict completely ignoring Muslims rights and observing “Mosque is not an essential and integral part of Islam and Muslims can do their prayer anywhere,” Dhavan argued on Friday that ‘Islam is a congregational religion and it will “collapse and become irrelevant” if the practice of offering prayers in mosque is not recognised’ which was agreed by Justice Abdul Nazeer.

The UP government on Friday refuted the argument and questions raised by Senior Counsel Dhawan saying the argument was only intended to delay the hearing of the title suit.

The Muslim parties on Friday questioned the 1994’s Constitution bench’s verdict in M Ismail Faruqui which only recognized the rights of Hindus and completely ignored the Rights of Muslims.

The Additional solicitor general Tushar Mehta, representing UP government said the counsel is referring the 1994 case in which none of the disputed parties have ever raised any objection to the correctness of the verdict for so many years and hence the Apex Court may completely ignore the correctness of the verdict in the title dispute.

Mehta said since none of the disputed parties raised this issue before the Allahabad High Court, the verdict remains correct.

Mehta said that appeals in the case have been pending for “almost eight long years and the parties which are now belatedly raising an unsustainable plea, chose not to raise any such plea at all during all these years”.

“When all translations are made and evidence is compiled in several volumes and all appeals become ripe for hearing, suddenly belated efforts are being made visibly and demonstratively to delay the judicial adjudication,” Mehta argued.

Solicitor Mehta appearing for UP Government contends that the Supreme Court repeats the Constitution bench’s verdict which had completely ignored Muslims rights and neither did the Bench observe it is a requirement to equally grant rights to both the communities in a secular nation to maintain harmony among the communities.

“Mosques are not built for fun. There are thousands and thousands of mosques all over the world and hundreds in India. If they are not essential, why do Muslims go to mosques on Fridays? Islam is also a congregational religion. If the congregational part of Islam is taken away, a large part of Islam collapses,” Counsel Dhavan appearing for Muslims submitted n Friday.