Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1993. Acquisition of Certain Area at Ayodhya Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Reference to Larger Bench : Whether Dr. M. Ismail Faruquiand Ors. v. Union of India reported in [1994] 5 Suppl. SCR 1 needsreconsideration – In Para 82 of Ismail Faruqui case, theConstitutional Bench observed “A mosque is not an essential partof the practice of the religion of Islam and namaz (prayer) byMuslims can be offered anywhere, even in open.” – Held: Majorityopinion (Per Ashok Bhushan, J. [for himself and Dipak Misra, CJI.]),the statement that a mosque is not an essential part of the practiceof religion of Islam was in context of issue as to whether the mosque,which was acquired by Act of 1993 had immunity from acquisition– Constitution Bench had held that while offer of prayer or worshipis a religious practice, its offering at every location where suchprayers can be offered would not be an essential or integral part ofsuch religious practice unless the place has a particular significancefor that religion so as to form an essential or integral part thereof –What Court meant was that unless the place of offering of prayerhas a particular significance so that any hindrance to worship mayviolate right under Arts.25 and 26, any hindrance to offering ofprayer at any place shall not affect rights under Arts.25 and 26 –The phrase “particular significance” was used by the ConstitutionBench only in context of immunity from acquisition – No case wasmade out to refer the Constitution Bench judgment in Ismail Faruquicase for reconsideration – (Per S. Abdul Nazeer, J.) (Dissenting)The questionable observations in Ismail Faruqui case certainlypermeated the impugned judgment – Thus, the impugned judgmentcan be claimed to be both expressly and inherently affected by thequestionable observations made in Ismail Faruqui – Further, IsmailFaruqui prima facie leads a different approach regarding theapplication of essential and/or integral test which also needs to beresolved as a matter of constitutional significance – Ismail Faruqui needs to be brought in line with the authoritative pronouncementsin Shirur Mutt and other decisions – In view of constitutionalimportance and significance of the issues involved, the followingquestions referred to a larger Bench: (a) Whether in the light ofShirur Mutt and other aforementioned cases, an essential practicecan be decided without a detailed examination of the beliefs, tenetsand practice of the faith in question (b) Whether the test fordetermining the essential practice is both essentiality and integrality(c) Does Art.25, only protect belief and practices of particularsignificance of a faith or all practices regarded by the faith asessential (d) Do Arts.15, 25 and 26 (read with Art.14) allow thecomparative significance of faiths to be undertaken – Religiousinstitutions – Constitution of India – Arts.25 and 26 – Acquisitionof Certain Area at Ayodhya Act, 1993.Acquisition of Certain Area at Ayodhya Act, 1993 – Plea ofres judicata – The issues which have been framed in the suits givingrise to these appeals were different issues which cannot be said tobe directly and substantially in issue in Ismail Faruqui’s case –Non-fulfilment of this condition itself is sufficient to reject the pleaof res judicata. |
Judge | Hon'ble Mr. Justice Ashok Bhushan Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2019 INSC 1231 |
Petitioner | M. Siddiq (d) Thr. Lrs. |
Respondent | Mahant Suresh Das And Others Etc. |
SCR | [2018] 11 S.C.R. 175 |
Judgement Date | 2018-09-27 |
Case Number | 10866 |
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