NEW DELHI: The observation in the 1994 Ismail Faruqui case that a mosque is not an essential part of Islam and namaz by Muslims can be offered anywhere, “even in open” was arrived without undertaking a comprehensive examination, Supreme Court judge Justice S Abdul Nazeer said Thursday.

The majority verdict by other members of the bench, comprising Chief Justice Dipak Misra and Justice Ashok Bhushan, declined to refer to a five-judge constitution bench the issue of reconsideration of these observations made in its 1994 verdict during the hearing of the Ayodhya land dispute.

Justice Nazeer, who dissented with the majority verdict, said that considering the constitutional importance and significance, the matter should be referred to a larger bench.

“The conclusion in paragraphs of Ismail Faruqui that ‘a mosque is not an essential part of the practice of the religion of Islam and Namaz (prayer) by Muslims can be offered anywhere, even in open” has been arrived at without undertaking  comprehensive examination”, he said.

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