Pasha quotes from Babri judgment : "Our court is founded on Constitutional order and we must reject the attempt to lead the Court into interpretation of religious doctrines".
Justice Gupta : There is a slight different...it was to explain the situation whether Ram Lalla was there that the observations were made.
Pasha : Law is laid down on the interpretation of religious scriptures.
Pasha says in Babri judgment did not enter into an area of theology and said the true test is to see if a true believer holds that belief. The Court must steer clear out of adopting one among the many interpretations of theological doctrines.
Pasha quotes from Babri judgment : "Our court is founded on Constitutional order and we must reject the attempt to lead the Court into interpretation of religious doctrines".
Pasha : Before I read scriptures, I must tell your lordship the word of caution sounded by 5-judges in Babri Masjid judgment regarding reading of scriptures.
Pasha : In Bijoe Emmanuel, 3-judges held any belief which is held conscientiously held is protected.
Pasha : So not just essential practices, but any practice which is conscientiously held is protected. So this put your lordships in a dilemma. There is variance between 7-judges and 5-judges and the 9-judges bench is now examining
Pasha : Law on essential practice which we are talking of today is merely by way of an obiter in the judgment of Justice Gajendragadkar.
Justice Dhulia : Mr.Counsel, what is the argument you are trying to build up?
Pasha : The question whether all religious practice or only essential religious practice are protected is a question on which 7-judges, 5-judges and 3-judges have taken different views.
Pasha : After this, it was in the Durgah Committe judgment by 5-judges that the essentiality test was formulated.
J Gupta : Shirur Mutt was by how many judges.
Pasha : 7-judges.
Pasha quotes from Shirur Mutt : "what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself".
Pasha : The contention of Attorney General that only essential practices of religion were protected under Article 25 was rejected (in Shirur Mutt case).
Pasha quotes from Shirur Mutt : "The Attorney-General lays stress upon clause (2)(a) of the article and his contention is that all secular activities, which may be associated with religion but do not really constitute an essential part of it, are amenable to State regulation".
Pasha says the above argument was not accepted by the Court in Shirur Mutt. Quotes "The contention formulated in such broad terms cannot, we think, be supported".
Pasha : The first question to be answered by your lordship is what is the test to be used for essential religious practice.
Refers to Shirur Matt case.
Pasha : The first question to be answered by your lordship is what is the test to be used for essential religious practice.
Refers to Shirur Matt case.