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WHY GIVE NEW DIMENSION TO CASE: TOP COURT The bench said that status quo be maintained as per the two verdicts of the Supreme Court given in 1994 and 2003
The Supreme Court on Monday stayed the Allahabad high court's judgment in Ayodhya title i suit case and questioned the verdict partitioning the 2.77 acres of land on which the disputed Ram Janma-bhoomi-Babri Masjid structure once stood between Hindus and Muslims when none of the parties had sought division of the property. Describing as “strange“ the devising of a mechanism for a three-way partition of the 2.77 acres of land between the Hindus, Muslims and the Nirmohi Akhara, a Hindu sect, a bench comprising Justices Aftab Alam and R.M. Lodha said the HC had sought to give a “new dimension“ to the entire case when there was no prayer by any party for its division. “Status quo has to be there. Something needs to be done, such types of things cannot remain for long,“ the bench said while staying the HC's two-toone majority verdict pronounced on September 30, 2010 and admitting a bunch of cross-appeals from both the sides against it. The bench also recorded in its order that status quo be maintained as per the two verdicts of the Supreme Court given in 1994 and 2003, which cover both, the 2.77 acres of disputed land and the 67 acres acquired by the Centre after the 1992 demolition, to ensure the safety and security of the area from any outside interference. Since the two orders of the apex court had allowed “puja“ and other rituals by t Hindus in the “makeshift“ Ram temple built by “Sangh Parivar karsevaks“ at the disputed site after the 1992 demolition, Monday's status quo order would apply to it in the same manner. However, the bench said, “The (HC) judgment has created a fog by giving a decree of partition. It is surprising, none of the parties had prayed for partition. A new dimension has been given by the HC when there was no prayer for partition. It has to be stayed.“ “The (high) court has given a new relief, which was not prayed for. It was quite strange that the court has ordered a partition,“ the bench said, questioning the majority order of high court Justices S.U. Khan and Sudhir Agrawal, who decreed the partition, while the third judge, Justice Dharam Veer Sharma, in his minority opinion, had allowed the suit of the Hindus and had ordered that the entire 2.77 acres of land be handed over to them. Credits - DC I would like to have the views of the honourable members of this Forum on this: Why not Supreme court take such cases immidiately on the verdict by the High Courts, suo motu, when they know that it is a mockery,without waiting for some one to file a case and fight for months/years? There atre two such cases in the recent past: 1. Navarasu murder case 2. Ayodhya verdict Regards, |
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