Ayodhya case: Muslim party objects hearing on all days of week, says it can’t be ‘rushed through’

A Muslim party on Friday objected in the Supreme Court five-days-a-week hearing of the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute case in Ayodhya, saying it will “not be able to assist” the court if the hearing is “rushed through”.

The submission was made by senior advocate Rajeev Dhavan, who is appearing for a Muslim party, when the Supreme Court commenced hearing on the fourth day in the case.

Breaking with the tradition, the apex court decided to hear the sensitive case on Friday which is kept kept fresh cases only, along with Monday. As per the apex court’s procedures, on Mondays and Fridays, the registry lists before the benches fresh and miscellaneous cases after notice cases.

As the counsel for deity ‘Ram Lalla Virajmaan’ started advancing its submissions before a five-judge Constitution bench headed by Chief Justice Ranjan Gogoi, Dhavan got up and interjected the proceedings.

“It is not possible to assist the court if it is heard on all days of the week. This is the first appeal and the hearing cannot be rushed in this manner and I am put to torture,” he told the bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.

He said the apex court was hearing first appeals after the Allahabad High Court delivered the verdict in the case and the hearing as such cannot be rushed through.

Being a first appeal, documentary evidences have to be studied. Many documents are in Urdu and Sanskrit, which have to be translated, Dhavan said.

The senior lawyer alleged that “perhaps, except Justice Chandrachud, other judges might not have read the judgment (Allahabad High Court’s)”.

He said that if the court has taken a decision to hear the case on all five days of the week then he might have to leave the case.

“We have taken note of your submissions. We will revert back to you soon,” CJI Gogoi said and proceeded with the hearing.

The bench has now started hearing the submissions of senior advocate K Parasaran on behalf of deity Ram Lalla Virajmaan.

The apex court had on Thursday asked the counsel for the deity, which itself has been made a party to the case, as to how the ‘Janmasthanam’ (birth place of deity) can be regarded as a “juristic person” having stakes as a litigant in the case.

The apex court had said on the third day of the hearing that so far as Hindu deities were concerned, they have been legally treated as juristic person which can hold properties and institute, defend and intervene in lawsuits.

The bench, however, had asked Parasaran as to how ‘Janamsthanam’ can file the case in the land dispute as a party.

The law suit filed by the deity in the Ayodhya case has also made the birth place of Lord Ram as co-petitioner and has sought claim over the entire 2.77 acre of disputed land at Ayodhya where the structure was razed on December 6, 1992.

SC to fix schedule of hearing of Ayodhya land dispute cases in January next year


New Delhi: 
The Supreme Court on Monday fixed the Ram Janmabhoomi-Babri Masjid land dispute cases for the first week of January next year before an appropriate bench, which will decide the schedule of hearing.

A three-judge bench, headed by Chief Justice Ranjan Gogoi, said the appropriate bench will decide the future course of hearing in January next year on the appeals filed against the Allahabad High Court verdict in the Ayodhya land dispute case.

“We will fix the date of hearing of the Ayodhya dispute case before the appropriate bench in January,” the bench, which also comprised Justices S K Kaul and K M Joseph, said.

Earlier, a three judge bench, by a 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.

An apex court bench headed by then Chief Justice Dipak Misra said the civil suit has to be decided on the basis of evidence, adding that the previous verdict has no relevance to this issue.

The bench had fixed the batch of appeals for final hearing today.

As many as 14 appeals have been filed against the high court judgement, delivered in four civil suits, that the 2.77 acres of land be partitioned equally among three parties — the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.