Ayodhya case: Will the reconsideration petition in Ayodhya dispute change anything?

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The Supreme Court bench had unanimously decided on November 9 on the Ayodhya land dispute.

 In the judgment, the disputed land was given to the Hindu side, the government was asked to form a trust for the construction of the temple and the Muslim side was ordered to give 5 acres of land somewhere else in Ayodhya.

After this decision, All India Muslim Personal Law Board and Jamiat Ulema-e-Hind have decided to file a review petition in the Supreme Court.

According to Board Secretary Zafaryab Jilani, the Board finds contradiction in the Supreme Court's decision on several points and according to them, on many points the decision is beyond comprehension.

However, the main party Iqbal Ansari is currently staying away from this decision of the board.

So now we know what is the scope of this issue. For this, we spoke to Virag Gupta, a lawyer of the Supreme Court and the author of the book 'Ayodhya Ram Temple in Courts'.

According to the injustice, Article 141 of the Constitution, the decision of the Supreme Court applies to everyone in the country. But there is a provision in Article 137 of the Constitution that if there is a clear and obvious mistake in a decision, then a reconsideration petition can be filed against it.
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Who can enter review petition?

By the way, people are raising the question that the Muslim Personal Law Board was not the main party in this case, so now how can they file a review petition.

The answer is that in general, the people who are parties to the main case, only those people file a review petition. But more than 50 reconsideration petitions were filed in the Sabarimala case, involving new parties.

In article 377 case, along with the reconsideration petition, the Supreme Court also considered the writ petition ie on new petitions. So, if this new tradition has started, then in Ayodhya case, there is no restriction on filing a new petition with the review petition.

The second thing is that the Ayodhya case was a civil dispute between the Muslim and Hindu parties, so anyone affected by this decision can file a review petition. It is a privilege of the new bench of the Supreme Court to accept or reject this petition.
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Will the petition be filed?

It should also be kept in mind that the reconsideration petition is not an appeal against the main verdict, but a legal process to correct the mistakes.

This means that the matter will first be heard on whether the court has to accept this petition or not. For this, the Muslim side will have to give some concrete reason, any new argument or law will have to be put before the court. What will that be, the Muslim Personal Law Board has not made it clear yet, but the lawyer of the Muslim side has said that Rajiv Dhawan should be kept.

If the court accepts the petition then a hearing will be held to see if there will be any change in the decision or will it continue. That is, it is not going to be so easy.
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Who will hear?

According to the law, only the judges who have given the decision should hear the reconsideration petition. But former Chief Justice Ranjan Gogoi has now retired, so on the reconsideration petition a new bench of five judges, headed by new Chief Justice Sharad Arvind Bobde, will hear which will include four old judges and one new judge. Justice Bobde will take a decision on the selection of the new judge.

A person can file only one reconsideration petition but there is no restriction on the filing of others. Normally, the reconsideration petition is considered in a closed room, but the parties can demand an open court hearing on it.

According to Article 145 of the Constitution, 'Supreme Court Rules 2013' has been made, according to which a review petition can be filed within a month after the decision.

This decision was taken unanimously i.e. with the consent of all the 5 judges, so it will not be easy to change the decision after a review petition.