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The CJI Ranjan Gogoi and Justice S.K.Kaul announced that appeals in Babri Masjid dispute would be heard by an “appropriate bench” on January 10 and the new bench would decide the course of hearings as well. It was stated by the Supreme Court on October 28th that the matter would be listed in the first week of January to fix the date of hearing.
It was decided by three judge benchof the former CJI Dipak Mishra, Justice Ashok Bhushan and Justice Abdul Nazeer having 2:1 majority on September 27 that, there was no necessity to refer the issue to a wider bench.
Senior Advocate Rajeev Dhavan, the counsel for Sunni Wakf Board raised his call to reconsider the judgement given by the Constitution Bench in the “Ismail Faruqui case”, where it stated “offering namaz in mosque is not an essential feature of Islam”. However, CJI Mishra and JusticeBhushan did not consider the request as they felt itdid not relate to the decision of title dispute of Ayodhya-Babri Masjid land case.
In analysis of the observations of Faruqui, the majority ruled that it was pertaining to the immunity held by the mosque in land acquisition process. Justice Abdul Nazeerhad a contradictory view where he stated that the observations made by Faruqui had its potential connectivity to the title dispute case and thus necessitated reconsideration by the larger bench. In vain with the plea for reference to larger bench, next date of hearing was ordered to happen at October 29.
Similar denial of pleawas given by the bench of the formerCJI Mishra in December, 2017 forstating silly reasons like ‘not conducive climate to hear the case'. Thisreason was stated by the senior advocates Kapil Sibal, Rajeev Dhavan and Dhusyante Dave to postpone the proceedings after 2019Lok Sabha polls.
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