NEW DELHI: The Supreme Court, in a 2-1 ruling, has declined to set up a new bench to review its own 1994 ruling that had observed that mosques are not essential to Islam. 

Chief Justice of India Dipak Misra and Justice Ashok Bhushan denied the plea to review the 1994 ruling saying that the observations made in that ruling should be seen in the context of land acquisition.

However, Justice Abdul Nazeer, who was also on the three-judge bench that delivered today’s verdict, dissented from other judges saying that what is essential to religion was a question that needed a comprehensive examination. 

In Dr M Ismail Faruqui vs Union of India, the Supreme Court considered the question of acquisition of religious place by the State. A temple, church or a mosque, etc, are essentially immovable properties and subject to protection under Article 25 and 26. 

Every immovable property is liable to be acquired. 

While offer of prayer or worship is a religious practice, its offering at every location where such prayers can be offered would not be a essential or integral part of such religious practice