SC asks how birth place can be made party to land dispute in Ayodhya case
   Date :09-Aug-2019

THE Supreme Court on 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.” 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.
Breaking tradition, SC to hear Ayodhya land dispute case on Friday as well
BREAKING with the tradition, the Supreme Court will hear the politically sensitive case of Ram Janmabhoomi-Babri Masjid land dispute in Ayodhya on Friday -- the day which, along with Monday, has been kept for hearing only fresh cases. A five-judge Constitution bench headed by Chief Justice Ranjan Gogoi, on conclusion of the third day’s hearing in the case, informed the lawyers for both the sides that it would continue with the hearing on Friday as well.
As per the apex court’s procedural norms, on Mondays and Fridays, the registry lists fresh, miscellaneous and after notice cases for hearing before the benches. The matters listed before Constitution benches for day-to-day hearings are put up for hearing on three days a week -- Tuesday to Thursday. The apex court had said that it would accord day-to-day hearing in the Ayodhya land dispute case. The hearings began on Tuesday, August 6, 2019.