Popular Front Filed Curative Petition in Babri Masjid Case Verdict

March 5, 2020 - 15:54 -- Editor

As decided earlier by the National Executive Council of Popular Front of India, Mr. Anis Ansari, the North Zone Secretary of the organization filed the Curative Petition challenging the Constitution Bench judgment of the Supreme Court in the Babri Masjid title suit. Earlier, the Supreme Court of India dismissed the batch of Review Petitions in this matter in the closed-door meeting of the bench comprising Chief Justice S.A. Bobde, Justices D.Y. Chandrachud, Ashok Bhushan, S. Abdul Nazeer and Sanjiv Khanna on 12.12.2019. The Curative Petition on behalf of Popular Front was filed on 11th February and is pending to get it listed.

The present Curative Petition was filed on the parameters of the law laid down by Apex Court in the case of Rupa Ashok Hurra citation in which the Court has held that “It is neither advisable nor possible to enumerate all the grounds on which such a petition may be entertained. Nevertheless, a petitioner is entitled to relief if he establishes (1) violation of principles of natural justice in that he was not a party to the LIS (Suit) but the judgment adversely affected his interests or, if he was a party to the LIS, he was not served with notice of the proceedings and the matter proceeded as if he had notice and (2) where in the proceedings a learned Judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.”

The Petition says, “Even though the Curative Petitioner was not a party to the LIS, the verdict passed by the Apex Court in Babri Masjid title suit adversely affects his interests. The petitioner seeks justice from this Court on the basis of concrete historical facts and evidence”.

The petition also sought an open court hearing. The petition prays to stay the operation of the judgment of the Allahabad High Court dated September 30, 2010; and to stay the operation of the judgment of Apex Court dated November 9, 2019; and restrain the Central Government from taking any steps pursuant to the order passed by the Constitution Bench of this Apex Court dated November 9, 2019.

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