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

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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.

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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