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Know what is Article 142 of constitution, which Muslim personal law board thinks has been ‘wrongly’ used by SC

In a historic judgement ending a dispute spanning centuries, the Supreme Court of India handed over the disputed Ram Janmabhoomi-Babri masjid land to the Hindu parties, making way for Hindu devotees to have a grand Ram Mandir at the birthplace of Lord Ram.

The All India Muslim Personal Law Board (AIMPLB) has decried the Supreme Court verdict in the Ram Janmabhoomi, Ayodhya case giving the entire 67 acres in favour of Hindus. AIMPLB said that they think that Article 142 of the Indian Constitution has been wrongly used by the Supreme Court in this judgement.

Here is what Article 142 of the Constitution 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

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. 

It is this section that the AIMPLB thinks has been misused by the Supreme Court in their Ram Janmabhoomi verdict.

What was the judgement of the Supreme Court in Ram Janmabhoomi case

In a historic judgement ending a dispute spanning centuries, the Supreme Court of India handed over the disputed Ram Janmabhoomi-Babri masjid land to the Hindu parties, making way for Hindu devotees to have a grand Ram Mandir at the birthplace of Lord Ram. The Apex court also ordered the union government to provide 5 acres of land at an alternate site at a prominent location in Ayodhya to the Sunni Waqf Board to rebuild the Babri Masjid which was demolished in 1992.

Read: Supreme Court hands over Ram Janmabhoomi site to Hindus to build Ram Mandir, Sunni Waqf Board to be given an alternate site for the mosque

SC has delivered a unanimous judgement in the Ram Janmabhoomi case. The top 5 senior judges came to the decision after weighing the arguments presented by all sides for 40 days. CJI Ranjan Gogoi said that the bench is the final arbitrator in the matter and he said that the court is not obligated to give a religious rationale while deciding the case.

The 5-judge bench said that the Central Govt should within 3 months formulate a scheme envisaging setting up of Trust to build the Ram Mandir. Possession of inner and outer courtyards to be handed over to the Trust.

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