Is a Mosque integral to Islam: Supreme Court to decide

Is a Mosque integral to Islam: Supreme Court to decide”

THE Supreme Court on Friday said it would decide on whether to refer to a larger bench the issue of reconsideration of the entire 1994 verdict dealing with the acquisition of the disputed land in Ayodhya or parts of it.One of the original litigants in the Babri Masjid-Ram Temple land dispute, M Siddiq, who has died but is being represented through his legal heir, is now before the top court assailing certain findings of the 1994 verdict in the case of M Ismail Faruqui, like a mosque is not integral to the prayers offered by the followers of Islam. They say a mosque is a mosque forever... It's unique to that community...

Senior counsels K Parasaran and CS Vaidynathan however opposed this proposition by submitting that observations made in the 1994 verdict had no relevance in deciding title suits.

A bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer said it would examine whether a five-judge bench was required to go into the question of whether a mosque was integral to Islam, but they turned down the demand that the 70-year-old legal battle between Hindu and Muslim communities over ownership of the almost 3 acres of Babri Masjid-Ram Janmabhoomi disputed land be also referred to a larger bench.

The Supreme Court was on Friday told that a mosque will remain a place of worship even after it has been desecrated and destroyed through a "barbaric act".

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Dhavan pointed out that the 1994 verdict ordering "status quo" on installation of Ram Idol in the disputed site, recognised Hindus right to worship at that place but completely ignored the rights of Muslims to offer namaz in the Babri Masjid. "... Is the larger national objective Ram Janmabhoomi?"

He added: "There was a strident, calculated, deliberate attempt to destroy a mosque. Unless we accept it, we won't get the right perspective".

"Who will decide that this place of worship is more significant than another? Accordingly, its acquisition is not prohibited by the provisions in the Constitution of India". Only the title and limitation needed to be looked into, he said. "Dhavan replied: "...religion is not just a matter of belief, but is a matter of practice... "There is fear that if the argument that mosques are not essential part of worship is upheld, what happened to Babri Masjid might happen to any mosque in the country", Dhavan argued.

The hearing in the case arising out of a 2010 Allahabad High Court verdict in the 70-year-old civil dispute took a new turn on March 14 with the Muslim side represented by senior advocate Rajeev Dhavan contending that the judgement, if allowed to be sustained, would severely damage their case. But if it disagreed with the Faruqui order, it would send to a larger bench the limited "principle" contained in certain paragraphs that had invited Dhavan's objection.

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