SC JUDGMENT VINDICATES OUR STAND, SAYS COUNSEL JILANI

LUCKNOW: Zafaryab Jilani, senior advocate and counsel for the Sunni Central Waqf Board, a party in the title suit of the Babri Masjid-Ramjanmabhoomi case, said the Supreme Court verdict vindicates the body’s stand.

“The apex court has said that the ruling given in the Ismail Faruqui case in 1994 was limited to only the context in which it was given [immunity from acquisition],” said Jilani, who is also the convener of the Babri Masjid Action Committee (BMAC).

Denying that the verdict was in any way a setback, Jilani said it would have no bearing on the outcome of the title suit, on which hearing will begin on October 29.

“I have said this before... we are ready to abide by the verdict of the court. But a misconception was created as if the outcome in today’s case would have an impact on the title suit,” he said.

Reacting to allegations that the issue was raised merely to delay the outcome in the title suit, Jilani said the matter was not raised by them but by the apex court. “If the opposite parties were not interested, why did they agree when the court asked them whether the issue should be taken up or not?” he said.

Jilani said by restricting, and clarifying, that the observations made in para 52 of the Faruqui case on ”a mosque not being integral to Islam”, to that particular context, the SC removed apprehensions in the minds of Muslims that the ruling could be applied, in general, in other cases.

He said the Supreme Court has emphasised that the civil suit has to be decided on the basis of evidence and the previous verdict has no relevance to it, Jilani said.

CB Pandey, a legal expert, said, “Yes, the SC’s verdict means the appeal against Allahabad high court’s order on the issue will be heard as a civil dispute. The court’s judgment will be on the basis of available evidence. It will now either uphold or dismiss the HC’s order. The court may also remand the issue to the high court to rehear the case or modify order.”