Ayodhya : Impact Of Order Refusing Reference To Constitution Bench In The Main Case

A five-judge bench of the Supreme Court in the Ismail Faruqui case of 1994 observed that ‘a mosque is not essential part of the practice of the religion of Islam and namaz by Muslims can be offered anywhere, even in open’ and secondly Place of birth of Lord Ram was has additional protection of law because that place has ‘special significance’. One, that the issue of ‘particular significance’ in the Ismail Faruqui case is in the context ‘when acquisition of such place results in extinction of right to practice religion’ because those circumstances would lead to violation of Article 25 of the Constitution. I find a lot of scope in this recent majority judgment to reach a conclusion that the observation about ‘special significance’ given to one religious practice is still alive. Rather, in clear terms, I find inconsistent observations in the majority judgement with respect to the issue of ‘particular significance’ of religious place.