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CASE NO.:
Transfer Petition (civil) 41 of 1993
PETITIONER:
ISMAIL FARUQUI
RESPONDENT:
UNION OF INDIA
BENCH:
M.N.VENKATACHALLIAH CJI & A.M.AHMADI & JAGDISH SARAN VERMA & G.N.RAY & S.P.BHARUCHA
JUDGMENT:
JUDGMENT
Delivered by:
JAGDISH SARAN VERMA, (J)
S.P. BHARUCHA (J)
S.B.CHAVAN.
NEW DELHI;
The 9th March, 1993."
" SPECIAL REFERENCE
Whereas a dispute has arisen whether a Hindu
temple or any Hindu religious structure
existed prior to the construction of the
structure (including the premises of the inner
and outer courtyards of such structure,
commonly known as the Ram Janma Bhumi-Babri
Masjid, in the area in which the structure
stood in Village Kot Ramchandra in Ayodhya, in
Pargana Haveli Avadh, in Tehsil Faizabad
Sadar, in the district of Faizabad of the
State of Uttar Pradesh;
2. And whereas the said area is located in
Revenue Plot Nos. 159 and 160 in the said
Village Kot Ramchandra;
3. And whereas the said dispute has
affected the maintenance of public order and
harmony between different communities in the
country;
4. And whereas the aforesaid area vests in
the Central Government by virtue of the
Acquisition of Certain Area at Ayodhya
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 62
Ordinance, 1993;
5. And whereas notwithstanding the vesting
of the aforesaid area in the Central
Government under the said Ordinance the
Central Government proposes to settle the said
dispute after obtaining the opinion of the
Supreme Court of India and in terms of the
said opinion;
6. And whereas in view of what has been
hereinbefore stated it appears to me that the
question hereinafter set out has arisen and is
of such a nature and of such public importance
that it is expedient to obtain the opinion of
the Supreme Court of India thereon;
7. Now, therefore, in exercise of the
powers conferred upon me by clause (1) of
Article 143 of the Constitution of India, 1,
Shanker Dayal
385
Sharma, President of India, hereby refer the
following question to the Supreme Court of
India for consideration and opinion thereon,
namely:
Whether a Hindu temple or any Hindu religious
structure existed prior to the construction of
the Ram Janma Bhumi-Babri Masjid (including
the premises of the inner and outer courtyards
of such structure) in the area on which the
structure stood?
Sd/-
President of India
New Delhi;
Dated 7th January, 1993."
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