Muslim delaying adjudication of Ayodhya case: UP govt

The Uttar Pradesh government on Friday told the Supreme Court that the Muslim side belatedly sought reconsideration of 1994 observation by a five-judge bench that mosque is not essential to practice Islam, only to delay adjudication of the Babri masjid-Ram temple dispute in Ayodhya.

“When all translations are made, all pleadings and evidence are compiled in several volumes and all appeals became ripe for commencement of final hearing that suddenly belated efforts were being made visibly and demonstratively to delay the judicial adjudication,” Additional Solicitor General Tushar Mehta, representing the state government, contended before a three-judge bench presided over by Chief Justice Dipak Misra.

Senior advocate Rajeev Dhavan, representing legal representatives of M Siddiq, one of the original litigants, submitted that the 1994 observation had formed the basis of the Allahabad High Court's “panchayati” judgement in 2010.

“You have to see if it (mosque) is essential to the practice of Islam, which is a congregational form of religion. Mosques are not built for fun, thousands and thousands of mosques have been built all over the world,” he said, adding the sweeping observation would prejudice their case in the title suit, if not reconsidered.

Mehta, however, argued this dispute has been awaiting final adjudication for "almost a century" and the observation was never raised by any litigant.

The Hindu side, represented by senior advocate C S Vaidyanathan, said the paragraph quoted from the 1994 'Dr M Ismail Faruqui's judgement' had no effect in the case.