Case Description

The Court is hearing an appeal against  the Allahabad High Court judgment on the title to the disputed Babri Masjid-Ram Janmabhoomi site. On 27th September 2018, the Supreme Court decided that the matter will be heard by a 3 judge bench as a property dispute. On 8th January 2019, CJI Gogoi reassigned the dispute to a 5 judge Constitution Bench.

Background

The Allahabad High Court prounced its verdict on 30th September 2010. It divided the Ayodhya title into three parts. It awarded a third to Ram represented by Hindu Maha Sabha, a third to the Sunni Wakf Board and a third to Nirmohi Akhara.

 

Currently the Supreme Court is hearing an appeal against the High Court Verdict. 

 

On 27th September, a three-judge Bench delivered its verdict regarding the question of the strength of the Bench which should hear the appeal. The Bench ruled that the case need not be referred to a Constitution Bench, stating that the Faruqui judgment does not need to be revisted. Faruqui held that in questions of State land acquisitions, mosques are not an essential feature of Islam. Justice Bhushan, on behalf of Chief Justice Misra and himself, wrote the majority opinion. Justice Nazeer wrote a dissenting opinion:

 

On 8th January 2019, CJI Gogoi reassigned the dispute to a 5 judge Constitution Bench, using his administrative powers.

 

On 8th March 2019, the Court ordered the main parties to attempt mediation over an 8 week period. The mediation proceedings began on 13th March and are set to complete in early May.

Issues

Was the Allahabad High Court justified in dividing the Ayodhya Title between Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla?

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