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Supreme Court of India 2018-09-27

M. Siddiq (D) Thr. Lrs vs Mahant Suresh Das and Others Etc

Bench: 3 — Ashok Bhushan, Dipak Misra, S. Abdul Nazeer

In Brief

In this case arising from land disputes at Ayodhya involving Muslim and Hindu parties, the Supreme Court considered whether a Constitution Bench judgment (Ismail Faruqui) required reconsideration. The Court held that controversial statements in that earlier judgment—that a mosque is not essential to Islam and prayers can occur anywhere—were made narrowly in the context of eminent domain, not as general law. The majority found no grounds to refer the case to a larger bench, but a dissenting judge argued the matter should be referred to clarify how courts determine essential religious practices. Both agreed the High Court below was correct to not be bound by those observations when deciding the substantive land disputes on their merits.

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