Hindu body 'Nirmohi Akahara' is "unnecessarily" opposing the plea of deity 'Ram Lalla' for the title of disputed Ramjanam Bhoomi-Babri Masjid land as both the parties will "stand" or "fall" together, the Supreme Court said Monday.
A 5-judge Constitution bench, headed by Chief Jusrtice Ranjan Gogoi, was critical of the submission of 'Akhara' that being the 'shebait' (devotee), only its lawsuit was maintainable and the case filed by deity 'Ram Lalla Virajman', through next friend Deoki Nandan Agrawal, should not be allowed.
"There is no conflict between your (Akahara's) suit and the suit filed by plaintiff number 1 (Ram Lalla)... Even if the suit of plaintiff (deity and others) is allowed, your right as 'shebait' stands," the bench said while hearing the arguments on the 12th day of the decades-old, politically sensitive case.
"You (Akahara) can claim your 'shebait' right independently. Unnecessarily, you are entering into the conflicting territory you need not go to. It is for Sunni Waqf Board to do that," said the bench, comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.
The bench asked senior advocate Sushil Jain, appearing for 'Nirmohi Akahara', that if the lawsuit of the deity was disallowed then for whom will the Akahara be 'shebait' of.
"You (Akhara) stand together and you will fall together. Your argument is that Deoki Nandan Agrwal (who had filed the lawsuit on behalf of the deity as the next friend) had no right to file the suit.
"You (Akhara) cannot be the 'shebait' of the mosque," the bench quipped, adding, "If your suit succeeds, it will be adverse to the deity."
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