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The statement that “praying in a mosque is not an essential part of Islam andnamaz by Muslims can be offered even in the open” by a Constitution Bench of the Supreme Court in a 1994 judgment played a role in the Allahabad High Court decision to partition the disputed Ram Janmabhoomi-Babri Masjid site, Justice S. Abdul Nazeer held on Thursday. A three-judge Bench of the High Court had partitioned the disputed site among Hindus, Muslims and the Nirmohi Akhara in September 2010. It is this decision which is in appeal now in the Supreme Court.
Stinging dissent
In his stinging dissent, Justice Nazeer disagreed with the majority opinion of Chief Justice Dipak Misra and Justice Ashok Bhushan that the comment made in the 24-year-old Ismail Faruqui judgment of a Constitution Bench has no relevance in the present Ayodhya title suit appeals. Justice Nazeer observed that the remark “permeated” the arguments of the lawyers who fought the Ayodhya title dispute before the High Court. Justice Nazeer gave extracts from the voluminous judgments of the High Court to show the impact made by the remark. Justice Nazeer said the comment cannot be brushed under, especially in the background of an issue as sensitive as the Ayodhya dispute. Justice Nazeer said the Ismail Faruqui judgment should be “brought in line”. The question of essentiality of offering prayers in a mosque should be referred to a seven-judge Bench, which should examine the issue in light of the beliefs, tenets and practice of the faith in question.
Source : https://www.thehindu.com/todays-paper/tp-national/justice-nazeer-for-rethink-on-1994-order/article25063632.ece
