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The civil suit on the Ayodhya land dispute will now be heard by a newly constituted three-judge bench of the Supreme Court on 29 October, the apex court said on Thursday, 27 September.
The SC on Thursday declined to refer to a five-judge Constitution Bench the issue of reconsideration of the observations in its 1994 judgment that a mosque was not integral to Islam which had arisen during the hearing of the Ayodhya land dispute.
In the three-judge bench, Justice S Abdul Nazeer dissented from the judgment of CJI Dipak Misra and Justice Bhushan.
The issue of whether a mosque is integral to Islam had cropped up when the three-judge bench was hearing the batch of appeals filed against the Allahabad HC's 2010 verdict by which the disputed land on the Ram Janmabhoomi-Babri Masjid area was divided equally among three parties – the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
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The Lucknow bench of the Allahabad High Court by its 30 September 2010 verdict had ordered that the land around the disputed site would be divided into three parts – one for deity (Ramlala Virajmaan), another for Nirmohi Akhara, a Hindu sect and an original litigant in the case, and third for the Muslims.
Earlier this year, at the outset of the hearing in the apex court, the court witnessed commotion as some lawyers objected to Dhavan's use of term Hindu Taliban and his comparing the razing of Babri Mosque on 6 December 1992 to that of destruction of Buddha statues in Afghanistan's Bamiyan by the Taliban.
Refusing to budge from his description of Hindu Taliban, Dhavan had said he stood by every word and destruction of Babri Mosque on 6 December 1992 was an act of terrorism.
As senior counsel CS Vaidyanathan appearing for one of the Hindu litigants described his arguments as "mockery", Dhavan said: "It is an argument based on the destruction of the mosque."
Dhavan said that the former Chief Justice, the late JS Verma, had said that Hindus must wear the cross of the destruction of the Babri Mosque.
At this, reminding Dhavan that it was incumbent upon senior lawyers to maintain "decorum" in the court, the Chief Justice described as "inappropriate" the words used by the senior lawyer.
Taking exception to the "inappropriate adjectives" used by Dhavan, he said that "adjectives" that are used in the course of the arguments should be the ones that have the acceptance of the court.
The Supreme Court will pronounce two verdicts in the matter according to a notice issued by the court. Along with Justice Ashok Bhushan, Justice SA Nazeer will also pen his separate opinion.
A three-judge bench of the Supreme Court assembles to pronounce its verdict.
The Supreme Court on Thursday, 27 September, declined a plea by Muslim litigants seeking that the hearing on a batch of petitions challenging the 2010 Allahabad High Court verdict be heard by a larger bench.
Justice Ashok Bhushan while reading the judgment on behalf of both him and the CJI said that the context in which the five judges delivered 1994 verdict in Ismail Farooqi case that mosque is not integral to Islam needs to be found out.
He further said that earlier finding that mosque is integral to Islam was made in context of land acquisition.
The Ayodhya land dispute case will be listed before the Supreme Court on 29 October for deciding the suits on merit.
Justice S Abdul Nazeer dissented from the judgment of CJI Misra and Justice Bhushan.
Justice Nazeer said a Constitution Bench must decide what constitutes essential practices of a religion and only thereafter the Ayodhya land dispute should be heard.
He further observed that contentious observations in Ismail Faruqui case have influenced the Allahabad High Court's judgment in the present title dispute.
Rajiv Dhawan, the petitioner's counsel in Ayodhya title suit case, said that the verdict of the Supreme Court should have been unanimous.
“The majority judgement will please majority, the minority judgement will please minority. The very problem we started off with hasn't been resolved. [It’s] not about arithmetic, but of convincing everybody that SC should've spoken in one voice,” said Dhawan.
Alok Kumar, VHP working president, said that he is happy with the verdict.
“I am satisfied that this impediment has been defeated. The way is now clear for the hearing of Ram Janmabhoomi appeals,” said Kumar.
The Rashtriya Swayamsevak Sangh (RSS) has welcomed the Supreme Court's decision to hold the hearing on the Ram Janmabhoomi case from 29 October by a three-member bench.
Reacting to the Supreme Court's decision on Thursday, AIMIM President Asaduddin Owaisi said:
Asking for resolution of the Ram Janmabhoomi dispute at the earliest, UP Chief Minister Yogi Adityanath said:
Welcoming the Supreme Court’s decision, Union Minister Uma Bharti said she believes that the work on Ram Mandir will begin soon.