SC verdict on Babri no setback, say Muslim petitioners
New Delhi, Sep 27: The Supreme Court ruling that rejected a plea for referring the Babri Masjid-Ram Janmabhoomi dispute to a larger Constitution Bench is not a setback, a number of Muslim petitioners asserted on Thursday.
By a majority 2-1 judgement, the Supreme Court rejected a plea for referring the case to a larger Constitution Bench and referred the case to a three-judge bench to be set up that will begin hearing from October 29.
Advocate Zafaryab Jilani, the convenor of the Babri Masjid Action Committee, said the verdict was no setback.
"It is not at all a setback. It just means that the trial will start now. The court has clarified that the observations made by a Supreme Court bench in the Ismail Farooqi case of 1994 were made in a particular context and not related to this case. I think that serves the purpose," Jilani told the media.
All India Muslim Personal Law Board (AIMPLB) member Maulana Khalid Rashid Firangimahali echoed him.
"The positive aspect of today's decision is that the court has made it very clear that Ismail Farooqi case will have no impact on the Ayodhya case. As far as the masjid and namaz and the religious aspects are concerned, it is an established fact that mosques are built to offer namaz and they are an integral part of our religion," he told the media.
"Our main contention is that the whole land belongs to the Sunni Waqf Board and whatever the Allahabad High Court said, legally I think it cannot be said that you can divide the land between the three parties when you have not decided as to whom does it belong. So our main contention is that the whole land should be given to the Sunni Waqf Board," he added.
BJP Rajya Sabha member Subramanian Swamy said the Modi government should acquire the land and hand it over to the representative bodies of the Hindus.
"There is no need to talk about whose property is this, whether Ram Janmabhoomi nyas or others. What we have to understand is if the Hindus have a fundamental right to pray at the spot where the faith tells them that Lord Rama was born," Swamy told CNN-News18.
"The government has s right to acquire properties including mosques. I would urge the Modi government to immediately acquire the entire land and hand it over to some representatives of the Hindua which include the various Akahras and the Vishwa Hindu Parishad," he added.
Senior advocate Shakeel Ahmed Syed, representing Sunni Waqf Board, talks to the media outside the Supreme Court, in New Delhi on Sept 27, 2018. The Supreme Court on Thursday rejected a plea for referring the Ramjanambhoomi-Babri Masjid dispute to a larger Constitutional Bench and decided that a newly set up three-judge bench will hear the case from October 29.
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Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
