The Supreme Court in M. Siddiq (D) Thr. LRs. v. Mahant Suresh Das and others dismissed a new writ petition which sought a declaration that a mosque is an integral part of Namaz in the Muslim Community. The bench also refused reference to a larger Bench. The bench comprising of CJI Ranjan Gogoi, Justices Sanjay Kishan Kaul and KM Joseph observed that the prayer, in this case, had been previously considered in the Ayodhya case. The petitioner had filed a writ petition seeking an issue of a writ of mandamus which stated that the mosque is an integral part of Namaz, considering the judgment and order passed in another case- Dr. M. Ismail Faruqui and ors. v. Union of India and Ors. Furthermore, a reference is made to a larger Bench to revisit the aforementioned case.
The Supreme Court in the 1994 Ismail Faruqui case had observed that ‘a mosque is not an essential part of the practice of the religion of Islam and Namaz by Muslims can be offered anywhere, even in open’. In a recent judgment by three-judge bench in the Ayodhya case, it was held that the ‘essentiality’ of a mosque ‘need not be read broadly to hold that mosque can never be an essential part of the practice of the religion of Islam’ as the previous observation was in the context of acquisition of land.
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