English हिन्दी
Connect with us

India News

Ismail Faruqui verdict won’t affect Ayodhya tile suit outcome, rules Supreme Court

Published

7 years ago

on

Ismail Faruqui verdict won’t affect Ayodhya tile suit outcome, rules Supreme Court

A three-judge bench of the Supreme Court, headed by Chief Justice Dipak Misra, today (Thursday,September 27), ruling that the Ismail Faruqui verdict in 1994 – that mosques are not integral to Islam – will not affect a decision on the Ayodhya title suit and refused to refer it to a larger bench for further clarification.

The judgment was delivered by a Bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer.

Justice Bhushan wrote one judgment on behalf of himself and CJI Misra. Justice Nazeer wrote a dissenting judgment.

The Ismail Faruqui verdict, delivered by a Constitution Bench, had been challenged by a bunch of Muslim outfits during proceedings in the Babri Masjid Ram Janmbhoomi title suit. They had argued that the Faruqui case verdict – that mosques are not integral to Islam and thus not a prerequisite for offering namaz – was too “sweeping” and could influence the verdict in the Ram Janmabhoomi land dispute.

In the 2-1 verdict, Chief Justice Dipak Misra and Justice Bhushan held that there was no need to refer the Ismail Faruqui verdict to a larger bench.

The statement in Faruqui case was in the limited context of immunity claimed by the petitioners for the mosque from acquisition, Justice Bhushan said, adding that “it need not be read broadly to mean mosque can never be essential to practise of Islam”.

“The present case shall be decided on its own facts, the Ismail Farooqui judgment would have no impact on it,” Justice Bhushan added.

Justice Nazeer gave a dissenting opinion, stating that whether a mosque is integral to Islam or not is a matter that requires to be considered by a Constitution Bench. He said “questionable observations” in Faruqui ruling were “arrived at without undertaking comprehensive examination” and ‘have permeated” the judgement in the main Ayodhya title suit. He further stated that it needs to be brought in line with the Shirur mutt case. The next hearing has been slated for October 29.

The Ismail Faruqui verdict, 1994

Months after the demolition of the Babri Masjid in Ayodhya in December 1992 by Hindu radicals supported by the RSS-BJP combine, the Congress-led central government enacted the Acquisition of Certain Area at Ayodhya Act, 1993. A year later, in October 1994, a five-judge bench of the top court had, in the M Ismail Faruqui Vs. Union of India case, upheld the validity of the Act, vesting jurisdiction of the disputed land in Ayodhya to the Centre.

The fine print of the top court’s verdict, however, gave rise to a new legal conundrum that could, it was argued, be a critical legal precedent that has the potential of determining which way the judgment in the Babri Masjid-Ram Janmbhoomi title suit could go.

As reported by India Legal, Paragraph 82 of the Ismail Faruqui verdict states: “there can be no reason to hold that a mosque has a unique or special status”. The interpretation of this line has been taken, especially by the Hindu right that wants control of the disputed land to build a Ram Mandir, to be that the presence of a mosque was not a prerequisite for Muslims to offer namaz.

Additionally, it meant that the government was free to acquire the disputed land on which the Babri Masjid once stood and that a mosque – irrespective of its heritage value or the significance and faith attached to it by the Muslims – held no importance in Islam.

Several Muslims groups who are now party to the long running Babri Masjid-Ram Janmbhoomi title suit had petitioned the Supreme Court to review the Ismail Faruqui verdict on grounds that its reference to the irrelevance of a mosque for offering namaz was a “sweeping observation” and needed reconsideration as “it will have a bearing” on the final outcome of the land dispute.

The Uttar Pradesh government, along with Hindu outfits that are party to the title suit, have opposed the petitions that seek referring Ismail Faruqui to a larger bench. Their resistance is based on the argument that the Muslim outfits were raising the matter belatedly – nearly 25 years after the Ismail Faruqui verdict was delivered – with the sole purpose of delaying the judgment in the land dispute.

Among the arguments, made by counsels for the UP government and the Hindu outfits placing reliance on Ismail Faruqui, is that while the birthplace of Lord Ram cannot be shifted to another site, a mosque with no particular religious significance to the Muslims can be shifted as doing so will “not affect the right to practice religion by offering ‘namaz’ in other mosques”.

Countering these arguments, senior advocate Rajeev Dhavan, appearing for some Muslim petitioners in the title suit, had told the Supreme Court that the Ismail Faruqui verdict had failed to take note of the two critical issues – one, that the idols of Ram Lalla were placed in the disputed premises through an illegal act of trespass and two, the 1986 order by the Rajiv Gandhi-led central government to open the locks of the Babri Masjid premises and allowing the shilanyas was based was on the plea of a person who was not a party in the case and should not have been entertained. Dhavan had also submitted that the Ismail Faruqui verdict was “bad in law” as it denied members of one religious community their fundamental right to the freedom of practicing their religion while upholding the same right for the members of another faith.

Related Topics:
Continue Reading

India News

Delhi to install 305 mist sprayers across 9 major pollution hotspots

Chief Minister Rekha Gupta announced that 305 mist sprayers will be installed across nine pollution hotspots in Delhi, alongside expert-led planning and coordinated measures to reduce dust and biomass-related pollution.

Published

6 hours ago

on

December 4, 2025

By

Delhi-NCR air quality

The Delhi government has announced a large-scale deployment of mist sprayer technology to tackle rising air pollution, with Chief Minister Rekha Gupta confirming that 305 mist sprayers will be installed across nine pollution hotspots in the capital.

Mist sprayers to curb dust at critical locations

During an inspection at ITO, Gupta said the mist sprayers already operational at the site are performing effectively. She noted that 35 poles at ITO have been fitted with these machines, which are helping suppress dust—a major contributor to air pollution in Delhi.

According to the Chief Minister, trials conducted in certain NDMC areas have shown promising results, reinforcing confidence in the technology.

High-level committee to guide pollution-control measures

Gupta announced the formation of a high-level expert committee that will advise the government on effective measures to reduce pollution. The panel will include senior officials from various departments as well as environmental specialists, including experts from IITs. Officials stated that the committee will receive special powers to implement pollution-mitigation strategies.

Departments directed to repair roads, add greenery

The Chief Minister said departments including PWD, DSIIDC and DDA have been instructed to fix potholes, repair and carpet roads, plant foliage along dividers and islands, and take other measures to reduce pollution sources.

She urged residents to report potholes on the government portal for quicker action.

Appeal to RWAs to prevent biomass burning

To curb winter pollution, Gupta advised Resident Welfare Associations (RWAs) to distribute electric heaters to security guards to discourage biomass burning, which significantly contributes to seasonal pollution spikes.

Continue Reading

India News

PM Modi welcomes Vladimir Putin with warm hug as Russian President begins India visit

Russian President Vladimir Putin began a high-profile visit to India on Thursday, welcomed by PM Narendra Modi as both nations prepare to discuss defence, energy and trade cooperation.

Published

7 hours ago

on

December 4, 2025

By

Vladimir Putin rides in Indian PM Narendra Modi's car on India visit

Russian President Vladimir Putin arrived in New Delhi on Thursday evening for a 27-hour visit focused on strengthening defence, energy and trade cooperation. The visit, marked by a warm embrace and a brief car ride shared with Prime Minister Narendra Modi, underscores the continuity of the India-Russia strategic partnership amid shifting global geopolitics.

Putin receives ceremonial welcome and packed schedule ahead

Putin landed in Delhi around 6:35 pm, where PM Modi personally received him at Palam airport. The two leaders shared a hug before leaving together, with the Prime Minister set to host a private dinner in honour of the visiting President — a reciprocal gesture to the hospitality extended during Modi’s Moscow visit last year.

On Friday, Putin will begin his official engagements with a ceremonial welcome at Rashtrapati Bhavan, followed by a visit to Rajghat to pay homage to Mahatma Gandhi. He is also scheduled to attend the India-Russia Annual Summit at Hyderabad House, where both sides will hold a working lunch.

The Russian President will later inaugurate a new India-based channel of Russia’s state broadcaster and attend a state banquet hosted by President Droupadi Murmu, before departing India on Friday night.

Defence, energy and trade to dominate agenda

Officials have indicated that discussions will centre on defence, energy and trade — the three pillars of the bilateral relationship. Agreements are expected across sectors including shipping, healthcare, fertilisers and connectivity.

Ahead of the summit, defence ministers from both countries held extensive talks, covering additional procurement of S-400 air defence systems and delayed military hardware shipments affected by the Ukraine war. The S-400 platform, procured under a USD 5 billion deal, played a major role during Operation Sindoor.

The Kremlin has also hinted that Russia may propose the Su-57 fifth-generation fighter jet, which would put Moscow in direct competition with Western aircraft makers.

Energy ties face renewed pressure

India remains among the largest buyers of discounted Russian crude. However, fresh US sanctions on key Russian oil producers have led to a dip in purchases.

Putin’s visit also comes at a time of strain in India-US ties, with Washington recently imposing steep tariffs on Indian goods — including measures linked directly to India’s continued oil trade with Russia.

Massive security deployment in Delhi

Delhi Police have stationed over 5,000 personnel across central and New Delhi districts, supported by SWAT teams, anti-terror units, snipers, quick-reaction teams, anti-drone systems, HD-CCTV networks and layered surveillance measures for the visit.

Continue Reading

India News

Rahul Gandhi attacks Centre ahead of Vladimir Putin’s India visit

Rahul Gandhi alleged that the government discourages visiting foreign dignitaries from meeting Opposition leaders, calling it a sign of “insecurity,” hours before Russian President Vladimir Putin arrives in Delhi.

Published

12 hours ago

on

December 4, 2025

By

Rahul Gandhi

As Russian President Vladimir Putin arrives in Delhi today for the India-Russia Annual Summit, Leader of the Opposition Rahul Gandhi has renewed his charge that the Centre discourages visiting foreign leaders from meeting Opposition representatives. He called it a sign of “insecurity” within the government.

Rahul Gandhi alleges break in long-followed tradition

Speaking outside Parliament, Rahul Gandhi said that it has traditionally been the norm for visiting foreign leaders to meet the Leader of the Opposition, a practice he claims continued during the tenures of Atal Bihari Vajpayee and Manmohan Singh.

He alleged that the present government advises foreign dignitaries against such meetings. “When foreign leaders come, the government suggests they should not meet the Leader of the Opposition. This is their policy,” Gandhi said. He added that a meeting with the Opposition offers visiting leaders a broader perspective, as “we too represent India.”

Gandhi further stated that this approach reflects the government’s reluctance to allow engagement between the Opposition and foreign guests.

Former Foreign Secretary counters Gandhi’s remarks

Responding to Gandhi’s allegations, former Foreign Secretary and Rajya Sabha MP Harsh Vardhan Shringla said visiting leaders operate on very tight schedules and there is no protocol mandating a meeting with the Leader of the Opposition. He stressed that such interactions depend entirely on the guest’s time and preference, noting that the required meetings are those with the President and the Prime Minister.

Putin’s schedule packed with bilateral engagements

Russian President Vladimir Putin is set to land in Delhi this evening on Prime Minister Narendra Modi’s invitation. His itinerary includes:

  • A private dinner with PM Modi
  • Visit to Mahatma Gandhi’s memorial at Raj Ghat
  • Engagements at Bharat Mandapam and Hyderabad House
  • A banquet hosted by President Droupadi Murmu

The visit forms part of the 23rd India-Russia Annual Summit.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com