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CJI Should be Removed: Ram Janmabhoomi Litigant in an Open Letter

The development comes a day before the Supreme Court is scheduled to take up a batch of petitions for hearing.

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Ram Janmabhoomi Nirman Samiti litigant Mahant Dharamdas, in an open letter to Prime Minister Narendra Modi, has reportedly sought the impeachment of the Chief Justice for his alleged ‘disinterest’ in hearing the matter on priority.

The Supreme Court is scheduled to take up a batch of petitions for hearing in the Ram Janmabhoomi-Babri Masjid title dispute case on Friday, 4 January.

In the letter, dated 17 December 2018, Dharamdas has urged that the CJI should be removed from his post as “he is not interested in taking the case forward.”

“The Chief Justice should be immediately removed from his post. And in case the government fails to take the required steps in this direction, then I will request all the MPs to initiate the impeachment proceedings against him, and if needed, call a special session of Parliament.”
Dharamdas said in the letter, questioning CJI’s “reluctance” in the case.

The letter is also addressed to Congress chief Rahul Gandhi and BJP president Amit Shah.

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“The court has already established that the property should belong to Lord Ram. When a Chief Justice can’t list the 70-year-old case on priority, then what is the use of such a Chief Justice? We don’t have faith in him anymore and that is why we want him removed.”
Dharamdas to News18

Slamming the RSS and VHP for their “false narrative”, Dharamdas said, “There is a rumour being spread in the country by the VHP and the RSS that a law can be introduced for Ram Mandir construction. This is not true as you cannot bring a law over a property dispute.”

Background Of The Case

The apex court on 29 October 2018 had fixed the matter in the first week of January before an "appropriate bench", which will decide the schedule of hearing.

Later, an application was moved for according an urgent hearing by advancing the date, but the top court had refused the plea, saying it had already passed an order on 29 October relating to the hearing on the matter.

The plea for early hearing was moved by the Akhil Bharat Hindu Mahasabha (ABHM) which is one of the respondents in the appeal filed by legal heirs of M Siddiq, one of the original litigants in the case.

A three-judge bench of the top court had on 27 September, by 2:1 majority, refused to refer to a five-judge constitution bench the issue of reconsideration of the observations in its 1994 judgement that a mosque was not integral to Islam.

The matter had arisen during the hearing of the Ayodhya land dispute.

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Various Hindutva organisations have been demanding an ordinance on early construction of Ram temple at the disputed site.

The hearing on Friday, 4 January assumes importance as Prime Minister Narendra Modi on Tuesday suggested any decision on an ordinance on Ram temple in Ayodhya can happen only after the completion of the judicial process.

Modi's comments came amidst heightened demands by Hindutva organisations, including the RSS, for an ordinance for an early construction of the temple.

"Let the judicial process take its own course. Don't weigh it in political terms. Let the judicial process be over. After the judicial process is over, whatever be our responsibility as government, we are ready to make all efforts," the Prime Minister had said during an interview to ANI.

(With inputs from PTI and News18.com)

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