New Delhi: Ahead of the hearing by a five-judge Constitution Bench of the Supreme Court on February 26 on a batch of petitions relating to Ayodhya title dispute, the BJP leader Subramanian Swamy on Thursday urged the Chief Justice Ranjan Gogoi to hear his petition also along with the appeals.
The CJI asked Dr. Swamy to be present in the court on Tuesday during the hearing of the appeal indicating that the court would hear him. Last year the apex court had said that it would first decided the appeals in the title suits and then take up Dr. Swamy’s petition seeking a direction that right to worship at Ram temple in Ayodhya be declared as a fundamental right. However, Dr. Swamy wanted the matter to be heard together.
The court is to hear a batch of appeals against a judgment of the Allahabad High Court of September 30, 2010 dividing the disputed site in Ayodhya into three parts, two in favour of Hindu groups and one in favour of Muslims. As all the groups filed appeals, they are to be taken up together.
In its appeal the Wakf Board assailed the High Court judgment contending that the suit was decided on the basis of belief/faith of a section of Hindu community for which there was no admissible evidence. The High Court had wrongly held that a temple existed at the site in dispute before the construction of the Babri Masjid while there was no evidence to prove the existence of any such temple or demolition thereof in or around 1528 AD.
