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`You cannot keep whipping a dead horse`: SC closes all proceedings in 1992 Babri demolition case
A three-judge bench of Justices Sanjay Kishan Kaul, Abhay S. Oka, and Vikram Nath opined that given the passage of time and 2019 verdict delivered by a larger bench of SC the contempt cases don`t survive. The order comes as a relief for BJP leaders Uma Bharti, Vinay Katiyar, Murli Manohar Joshi, Sadhvi Ritambara and others.
Highlights
- The contempt petition was filed by one Mohammed Aslam Bhure in 1992
- In Nov 2019, a 5-judge bench decided the title dispute in favour of the Hindu side
New Delhi: The Supreme Court on Tuesday closed the contempt proceedings filed against the Uttar Pradesh government, prominent BJP leaders and officials in the 1992 Babri Mosque demolition case. A three-judge bench of Justices Sanjay Kishan Kaul, Abhay S. Oka, and Vikram Nath opined that given the passage of time and the 2019 verdict delivered by a larger bench of SC the contempt cases don't survive. "There was no point in flogging a dead horse as the larger issue has already been decided by a five-judge bench and the petitioner has died," the bench said.
The contempt petition was filed by one Mohammed Aslam Bhure in 1992 against the Uttar Pradesh government for violation of the undertaking given to the court regarding the maintenance of law and order in the area. The order comes as a relief for BJP leaders Uma Bharti, Vinay Katiyar, Murli Manohar Joshi, Sadhvi Ritambara and others. In November 2019, a five-judge bench decided the title dispute in the Ayodhya case in favour of the Hindu side for construction of the Ram temple.
The counsel appearing for the petitioner said that nearly 30 years have gone by and the petitioner had filed several applications for listing of the matter."I appreciate your concern. But, now nothing survives in this matter," Justice Kaul observed, adding, "You cannot keep whipping a dead horse." The bench said it was unfortunate that the matter was not taken up.
"We are endeavouring to take up old matters. Some may survive, and some may not survive. Now, you have a full verdict delivered by a larger bench," it said. While closing the contempt proceedings, the bench observed that the matter ought to have come up for hearing earlier.