New Delhi: Justice Nazeer, one of the three judges of the Supreme Court bench which on Thursday turns down a petition seeking a review of its 1994 verdict, dissented with fellow judges who said namaaz can be offered anywhere and mosques are not essential part of Islam.
"I disagree with my brother judges", Justice Nazeer said.
"What is essential to religion as laid down in [in the 1994 ruling] was arrived at without comprehensive examination", he added.
"The issue whether mosque is an integral part of Islam needs to be considered by a Constitution Bench," Justice Nazeer said in his dissenting note.
Earlier it was reported that the three-judge bench of Chief Justice Dipak Misra, Justices Ashok Bhushan and S Abdul Nazeer will be reading two separate opinions in the case.
Accordingly, Justic Bhushan read the judgment on his as well as CJI Dipak Misra's behalf.
"The finding of the 1994 ruling that a mosque is not integral to Islam was made in context of the State's right acquire land under eminent domain", Justice Bhushan said turning down by 2-1 the petition seeking to revisit its 1994 ruling that mosques are not essential part of Islam.
"The ruling will not be referred to a larger bench", the Supreme Court said.
The Muslim organisations wanted the 1994 SC ruling revisited saying that it was unfair to them and that this decades-old decision played a role in the disputed land in Ayodhya being divided in 2010 into three parts by the Allahabad High Court which split the land between Hindu and Muslim parties, though the main part was given to Hindus.
The 16th century Babri Masjid in Ayodhya was demolished in broad day light on December 06, 1992. A series of riots in different parts of India including Mumbai which continued for months erupted after the demolition of Babri Masjid.
Hindu extremists, including many leaders associated with the RSS, VHP and BJP, were involved in the demolition of Babri Masjid and the anti-Muslim riots that followed.
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