Ayodhya case: Supreme Court asks how birth place can be made party to land dispute
New Delhi: The Supreme Court Thursday asked 'Ram Lalla Virajman', one of the parties in the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute at Ayodhya, as to how the birth place of the deity can be regarded as a "juristic person" having stakes in the case.
The apex court, which was hearing the case on the third day, said that so far as Hindu deities are concerned, they have been treated as juristic person in law which can hold properties and institute a litigation.
A five-judge Constitution bench headed by Chief Justice Ranjan Gogoi, however, asked senior advocate K Parasaran, appearing for 'Ram Lalla Virajman', as to how 'Janamsthanam' (birth place) can file a suit in this matter as a party.
"Whether the birth place can be held to be a juristic person. So far as idols of deities are concerned, they had been held to be a juristic person," said the bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.
Responding to the query, Parasaran told the bench, "In Hindu religion, idols are not necessary for a place to be regarded as a holy place of worship.... Rivers and Sun are also worshipped in Hinduism and birth place in itself can be treated as a juristic person."
The law suit filed by the deity in the Ayodhya case has also made the birth place of Lord Ram as one of the parties.
The bench then referred to a judgement of the Uttarakhand High Court in which the holy river Ganga was held to be a juristic entity entitled to pursue the litigation.
"The Uttarakhand High Court has said that the rivers are also juristic entities capable of being a party in the case," the bench observed. The bench then asked Parasaran to proceed with his submissions on other issues.
Parasaran alleged that the deity 'Ram Lalla Virajaman' was not made a party when the magistrate had attached the disputed site and when the civil court granted injunction by appointing receiver in the case.
Highlighting the importance of birth place, Parasaran recited a Sanskrit Shloka, 'Janani janmbhoomis cha swargadapi gariyasi', and said that a birth place is greater than heaven.
The argument would continue in the post-lunch session.
At the outset, senior advocate Rajeev Dhavan, appearing for a Muslim party, said that the two separate law suits filed by 'Ram Lalla Virajman' and 'Nirmohi Akhara' respectively are at "loggerheads" of each other and if one is allowed then other goes automatically.
He suggested that the Muslim party can be asked to advance submissions in either of the law suits as only can be allowed legally.
Fourteen appeals have been filed in the apex court against the 2010 Allahabad High Court judgment, delivered in four civil suits, that the 2.77-acre land in Ayodhya be partitioned equally among the three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
On December 6, 1992, the Babri Masjid, constructed at the disputed site in the 16th century by Shia Muslim Mir Baqi, was demolished.
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Congress’ downfall will start from Baramati if it doesn’t let Sunetra Pawar win unopposed: Bawankule
Nagpur (PTI): The Congress will have to face consequences if it doesn't allow NCP president and Maharashtra Deputy Chief Minister Sunetra Pawar to win the Baramati assembly bypoll unopposed, said minister Chandrashekhar Bawankule on Thursday.
The party’s “downfall” will start from Baramati, he said, stressing that the people of Baramati and Maharashtra wish that she is elected unopposed, said the BJP leader.
The April 23 bye election was necessitated after the tragic death of deputy CM Ajit Pawar, who headed the Nationalist Congress Party (NCP), in a plane crash in Baramati on January 28. After his death, his wife Sunetra became the party president.
The NCP, BJP and the Eknath Shinde-led Shiv Sena are partners in the ruling Mahayuti alliance in the state.
“The Congress will face consequences if it doesn’t let Sunetra win unopposed from Baramati. Its downfall will start from Baramati if it doesn’t withdraw its candidate,” Bawankule told reporters in Nagpur.
Amid efforts to ensure an unopposed contest, the Congress has fielded advocate Akash More for the bypoll.
The party had said that it would withdraw from the contest only if an FIR were registered in Ajit Pawar’s death in the Baramati plane crash.
Replying to another question, Bawankule said the BJP’s performance will be more robust in Assam and Kerala elections compared to the last assembly polls in these states. Assembly polls are being held in a single phase in Assam, Kerala and Puducherry on Thursday.
“These elections will once again show Prime Minister Narendra Modi’s leadership commanding support among the people,” he said.
