M. SIDDIQ (D) THR. LRS. versus MAHANT SURESH DAS AND OTHERS ETC.

M. SIDDIQ (D) THR. LRS. versus MAHANT SURESH DAS AND OTHERS ETC.

The observations in Ismail Faruqui regarding a mosque not being an essential part of the practice of Islam were made in the limited context of immunity from acquisition and do not warrant reconsideration by a larger bench; the appeals arising from civil suits pertaining to the disputed site do not require a reference to a larger bench regarding the Ismail Faruqui precedent.

Parties
Appellant: M. Siddiq (D) Thr. Lrs.; Respondents: Mahant Suresh Das and Others
Jurisdiction
India
Judgment Date
27 September 2018
Procedural Posture
Civil Appeal / Reference to Larger Bench on Need for Reconsideration of Precedent
Outcome
Majority: No case made out for reconsideration of Ismail Faruqui; Dissent: Reference to larger bench needed
Legal Topics
Essential Religious Practice, Acquisition of Religious Places, Res Judicata, Judicial Precedent
Constitutional Law Religious Practice Essential Religious Practice Acquisition of Religious Places Res Judicata Judicial Precedent

Case Brief

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Parties

M. Siddiq (D) Thr. Lrs.

Appellant

Mahant Suresh Das and Others

Respondents

Procedural Posture

Civil Appeal / Reference to Larger Bench on Need for Reconsideration of Precedent

Legal Issues

  1. 1 Whether the statement in Ismail Faruqui that a mosque is not an essential part of the practice of Islam needs reconsideration.
  2. 2 Whether the test for determining an essential religious practice should be both essentiality and integrality.
  3. 3 Whether Article 25 only protects beliefs and practices of particular significance or all practices regarded by the faith as essential.

Ratio Decidendi

The observations in Ismail Faruqui regarding a mosque not being an essential part of the practice of Islam were made in the limited context of immunity from acquisition and do not warrant reconsideration by a larger bench; the appeals arising from civil suits pertaining to the disputed site do not require a reference to a larger bench regarding the Ismail Faruqui precedent.

Court Disposition

Majority: No case made out for reconsideration of Ismail Faruqui; Dissent: Reference to larger bench needed

Orders

  • Directions issued for further listing of appeals; matter not referred to a Constitution Bench for reconsideration of Ismail Faruqui by majority view.
  • Registry directed to place matter before Chief Justice for appropriate directions, per dissent.