SC invokes Article 142 to grant relief to Muslim parties, Nirmohi Akhara
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A vendor stacks up copies of local newspapers fronted with headlines on Ayodhya case verdict in New Delhi on Sunday. (PTI)[/caption]
New Delhi, Nov. 10 (IANS): The Supreme Court on Saturday in the judgement on the Ayodhya title dispute used special powers granted in the Article 142 of the Constitution.
This article was used twice by the five-judge bench headed by Chief Justice Ranjan Gogoi while delivering the verdict. Though the disputed 2.77 acres of land was awarded for a temple, based on the evidence, the top court invoked the powers of Article 142 to grant 5 acres for a mosque in Ayodhya.
The Article 142 says: "Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe."
The five judge bench observed that there was no abandonment of the mosque by the Muslims. The top court observed that in the exercise of its powers under Article 142 of the Constitution must ensure a wrong committed should be remedied.
The bench also observed that the justice will not be served if the court were to overlook the entitlement of the Muslims,who have been deprived of the structure of the mosque through means, through means which do not favour secular nation governed by rule of law.
The court also invoked this Article to grant relief to Nirmohi Akhara and sought its inclusion on the trust formed by the Centre under Section 6 of the Ayodhya Act to construct Temple.
"In exercise of the powers vested in this Court under Article 142 of the Constitution, we direct that in the scheme to be framed by the Central Government, appropriate representation may be given in the Trust or body, to the Nirmohi Akhara in such manner as the Central Government deems fit," noted the court.
The Nirmohi Akhara suit has been dismissed by the top court, stating that it was barred by the statute of limitation.
This Article 142 was earlier invoked by the top court in October to annul the marriage of couple living separately for nearly 22 years.
77 arrested in UP in two days since Ayodhya verdict—Police
Lucknow, Nov. 10 (PTI): In two days since the Supreme Court delivered its verdict on Ayodhya issue on Saturday, the Uttar Pradesh police has arrested 77 people across the state for allegedly trying to vitiate communal harmony in the state through social media posts.
After the apex court's verdict on the Ayodhya issue, a total of 34 cases have been registered and 77 persons arrested so far in the state, said a statement by police here.
"A total of 22 cases were registered and 40 persons arrested for allegedly trying to vitiate communal atmosphere through their posts on Sunday by the Police Department's social media monitoring wing," an official statement said here.
Action has been taken against 8,275 posts including 4,563 posts on Sunday.
These posts were put on Facebook, Twitter and YouTube, it said.
Security of five judges, who delivered the verdict in the highly-sensitive Ram Janmabhoomi-Babri Masjid land dispute case, has been enhanced with the deployment of additional troops, barricades and mobile escort teams, officials said on Sunday.
The enhanced security has been put in place since Saturday, when the judges -- Chief Justice Ranjan Gogoi, CJI-designate Sharad Arvind Bobde and justices Dhananjaya Y Chandrachud, Ashok Bhushan and S Abdul Nazeer -- delivered the verdict in the century-old dispute.
"Security of the honourable judges has been enhanced as a precautionary measure. However, there has been no specific threat to anyone of the judges," a senior official said.
As part of the security drill, additional troops have been deployed at the residences of the judges with some barricades on the roads leading to their houses.
Earlier, the judges had house guards and static security.
Now the mobile component of the security has been added and an escort vehicle with armed guards will accompany each judge's vehicle.
"The arrangements are purely a precautionary step," another official said.
Settling a fractious issue that goes back to more than a century, the Supreme Court in a historic verdict on Saturday backed the construction of a Ram temple by a government trust at the disputed site in Ayodhya, and ruled that an alternative five-acre plot must be found for a mosque in the Hindu holy town.
Delivering a unanimous verdict on a case that has long polarised the country and frayed the secular tapestry of Indian society, a five-judge bench of the apex court headed by Chief Justice Ranjan Gogoi said the faith of Hindus that Lord Ram was born at the site was undisputed, and he is symbolically the owner of the land.
Justice Gogoi is due to retire on November 17.
The Sunni Central Waqf Board on Sunday said a decision on whether to accept a 5-acre land for building a mosque in Ayodhya will be taken at its meeting likely on November 26.
In a unanimous verdict, the Supreme Court on Saturday paved the way for the construction of a Ram Temple at the disputed site at Ayodhya, while directing the Centre to allot a 5-acre plot to the Sunni Waqf Board for building a mosque.
UP Sunni Central Waqf Board Chairman, Zufar Farooqui told PTI that he was getting diverse views on whether to take the land.
"Board's general body meeting is expected on November 26 in which it will be decided whether to take 5-acre land as directed by the Supreme Court or not," he said.
"The meeting was earlier scheduled on Nov 13 but it was postponed and is now expected on Nov 26. I am getting diverse views on taking the land but I personally feel negativity can be won only with positivity," Farooqui said.
He said some persons are advising that land should not be taken for the Babri mosque but "I think it will increase negativity."
Noting that he had advocated for mediation to resolve Ayodhya issue, Farooqui said, "Though mediation did not succeed my views are clear."
"Some persons are also advising that the land should be taken by Waqf board and an educational institution, with a mosque established in its premises," he said.
He said as far as land is concerned, government has to follow the Supreme Court verdict.
"We will decide whether we will take it or not. If the Board decides to take land in its meeting, we will decide how it is to be taken and what will be its condition," he added.
"We welcome the Supreme Court verdict in the case. The Board has no plans to challenge it.
The Board had last month proposed withdrawing claim on the disputed land with some conditions in national interest.
AIMIM chief AsaduddinOwaisi has sought to know if Babri Masjid was illegal why were L K Advani and others being tried in connection with its demolition.
Addressing a public meeting here on Saturday night, the AIMIM president said, "If Babri Masjid was legal then why was it (land) handed over to those who demolished it. If it was illegal then why the case is going on and withdraw the case against Advani. And if it is legal then give it to me." "It's a basic question... We are not satisfied with this judgement. Babri Masjid is my legal right. I am fighting for the Masjid and not the land," Owaisi said reacting to the Supreme Court's verdict on Saturday paving the way for construction of a Ram temple in Ayodhya.
On Sunday, Owaisi tweeted "Then what does a Muslim see today? That there stood a mosque, for so many years, which has been demolished.
Now the court is allowing a building to come up on that site, on an alleged finding that the land belonged to Ram Lalla."
"We are being insulted by giving (alternate) land. Don't treat us like us beggars... We are respectable citizens of India. The fight is for legal right," he said in another tweet.
"... we asked for justice, not charity. If your house is demolished and you go to an arbitrator, whether the house should be given to you or not. Should it be given to the demolisher?," he asked while reiterating that he was not satisfied with the judgement.
Claiming that even today BJP and RSS have a list of several mosques which they want to "transform," Owaisi said they (muslims) should fight for the Masjid.
He also questioned parties including, Samajwadi Party, BSP, Nationalist Congress Party on their "silence" over the apex court judgement.
Asserting that he would inform the coming generations of the Babri Masjid demolition, Owaisi urged the youngsters of the community to take part in politics and support his party.
Soon after the Ayodhya verdict was delivered on Saturday, Owaisi had said the Supreme Court judgment in the sensitive case was a "victory of faith over facts" and suggested rejection of alternative five-acre plot given for construction of a mosque.
