#RamMandir - #BabriMasjid: The defacto position is a building was demolished and another was constructed in the shape of a mosque. Despite that Hindus continued to visit the place and offer prayers, CS Vaidyanathan placing reliance on judgment of Justice Agarwal of Allahabad HC.
#RamMandir - #BabriMasjid: I submit that Artifacts and records clearly point to the fact that Ram Janambhoomi is the birth place of Lord Ram and that sanctity needs to be accorded to that place, CS Vaidyanathan.
#RamMandir - #BabriMasjid: CS Vaidyanathan placing reliance on a document which says a stone slab was recovered which contained an inscritpion in Sanskrit from 12th century.
#RamMandir - #BabriMasjid: CS Vaidyanathan explaining the contents of the text on the stone slab.
#ayodhyacase: The verses speak of King Govinda Chandra who ruled Saketa Mandala of which Ayodhya was Capital
A big Vishnu temple was built there, the verses say
It is my submission that this Vishnu temple is the structure that was excavated by ASI, says Vaidyanathan.
#RamMandir - #BabriMasjid: There is no challenge to translation of the contents of the slab, the authenticity of the inscription has also not been challenged; Challenge is only to the recovery of the slab (whether it was recovered from the disputed area or not), CS Vaidyanathan
#RamMandir - #BabriMasjid: Vaidyanathan showing photographs to prove the spot from where the slab fell off and how a journalist of Panchajanya had seen the same.
#RamMandir - #BabriMasjid: Vaidyanathan reading out the account given by the journalist from Panchajanya magazine whose depsotion is relied upon wrt recovery of the disputed slab.
#RamMandir - #BabriMasjid: As per the journalist, slab fell out of western wall of the disputed structure.
Many slabs were taken away by Kar Sevaks before they were dispersed by the police.
#RamMandir - #BabriMasjid: Vaidyanathan now taking the court through the cross examination of the journalist from Panchajanya.
#RamMandir - #BabriMasjid: The journalist in his cross examination said that the slab was fitted in the western wall of southern dome though he could not say where exactly the slab was on the wall, Vaidyanathan.
#RamMandir - #BabriMasjid: In my submission, neither the cross examination of the journalist nor of Dr. Ramesh will cast any doubt on recovery of the slab from the disputed place, Vaidyanathan.
#RamMandir - #BabriMasjid: There is nothing to warrant doubting of credibilty of the report or inferences drawn by ASI, submits Vaidyanathan.
#RamMandir - #BabriMasjid: This slab supports the conclusions drawn by ASI that there was a huge temple at this place Ram Janmasthan, Vaidyanathan argues.
#RamMandir - #BabriMasjid: The disputed strutcure was put in place either on the ruins of the temple or by pulling down the temple, CS Vaidyanthan.
#RamMandir - #BabriMasjid: The evidence of a 90-year-old who has seen pilgrims come and go and whose cross examination in this regard has not yet been shaken is proof that the Ayodhya was a place worship for Hindus, CS Vaidyanathan.
#RamMandir - #BabriMasjid: Vaidhyanathan reading out depositions by various witnesses who used to visit Ayodhya and Ram Janmabhoomi.
#RamMandir - #BabriMasjid: OPW 5 Ramnath has stated that Ayodhya is in a festive mood everyday; Thousands of devotees used to come every year for darshan of Lord Ram.
#RamMandir - #BabriMasjid: OPW 5 has described in detail about his visits to the deity in the disputed structure which was under the custody of Hindus.
#RamMandir - #BabriMasjid: Discussion now on degree of access which devotees have to the temples.
Temples in south india only the priest performing pooja has access to sanctum sanctorum, Justice Ashok Bhushan. That might not be the case in north.
#RamMandir - #BabriMasjid: Bench asks Vaidyanathan whether witnesses have spoken about Muslims performing Namaz at the disputed site.
Vaidyanathan says he will read deposition of Muslim witnesses.
What have Hindu witnesses said in this regard, asks Justice SA Bobde.
#RamMandir - #BabriMasjid: Vaidyanathan reading out deposition of Hindu witnesses regarding performance of Namaz and Parikramas at the disputed site.
#RamMandir - #BabriMasjid: Vaidyanathan now reading out evidence given by Muslim witnesses.
#RamMandir - #BabriMasjid: One Muslim witness stated that if mosque was built after demolition of a temple, Muslims will not consider it a mosque.
One Muslim witness has said that Hindus believe that the Janmasthan is where Lord Ram was born and worship the place, submits Vaidyanathan.
#RamMandir - #BabriMasjid: Vaidyanathan finishes with depositions of Prosecution witnesses.
He now moves on to deposititons of Defence witnesses.
#RamMandir - #BabriMasjid: I have traced the worship and prayers done by Hindus at Ram Janmasthan which have been accepted by Muslim witnesses also.
Thousands of pilgrims have been coming there to offer worship, CS Vaidyanathan.
#RamMandir - #BabriMasjid: The place which is believed by Hindus to be birthplace of Ram is the place where a disputed structure came up. Despite that, Hindus continued to worship there and offer parikramas as is evident from artifcats and oral evidence, Vaidyanathan.
#RamMandir - #BabriMasjid: Muslim witnesses themselves have attested to various archeological evidences, Vaidyanathan.
Stray dogs case: Supreme Court to shortly pronounce verdict in its suo motu case to manage stray dog population across the country.
Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria
The Court had reserved its verdict on January 29 after hearing the final leg of submissions made by various States, the National Highways Authority of India (NHAI) and the Animal Welfare Board of India (AWBI).
Court: we have divided the judgement into theee parts. We have given detailed consideration to applications seeking recall of Nov 7 judgement. We have dismissed all the applications.
Court: In para 85 we have concluded- this courts finds no reason to interfere with the Nov SOP by AWBI. The challenge does not merit acceptance in the light of conclusions herein above. All IAs challenging the SoPs stands dismissed.
BCI Chairman, Senior Advocate Manan Kumar Mishra requests CJI led bench to constitute another
High-Powered Election Supervisory Committee similar to the one headed by former Supreme Court Justice Sudhanshu Dhulia to oversee bar council election disputes
#SupremeCourt
Sr Adv Kumud Lata Das: Let BCI not be a member of this committee.
Mishra: this is very very bad
Das: Don't raise your voice against me. You only want to make the women members subservient to you. Please don't shout at me. You are virtually a permanent chairman..from 2010 to 2026 you are the only one who can become the BCI Chairman
Mishra: these are absurd allegations.
CJI: We are constituting two more election tribunals.
Supreme Court today to pronounce judgment in a narco-terror case from J&K, where the accused has spent nearly five years in custody despite no contraband being recovered directly from him
#SupremeCourt
Justice Ujjal Bhuyan: this case raises an important question concerning the interface between Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, and the constitutional guarantee of personal liberty under Article 21 of the Constitution of India. More particularly, the issue concerns the propriety of smaller benches progressively hollowing out the constitutional force of a larger bench decision without ever expressly disagreeing with it.
Then, after narrating the facts and the submissions, and also referring to two judgments in Gurwinder Singh v. State of Punjab and gumfisha Fatima v. State, we have said in para 26:
There are two judgments of this Court which we need to deal with before proceeding ahead. These two judgments, Gurwinder Singh and gulfisha Fatima, have taken a somewhat divergent view from the clear, distinctive trajectory taken by this Court for grant of bail even under special enactments like TADA, UAPA, and NDPS.
Justice Ujjal Bhuyan: A decision made by a bench of lesser strength is bound by the law declared by a bench of greater strength. Judicial discipline mandates that such binding precedent must either be followed in full, or in case of doubt, be referred to a larger bench. A smaller bench cannot dilute, circumvent, or disregard the ratio of a larger bench.
The position of law emerging from Najeeb and Sheikh Javed Iqbal is therefore clear. Watali cannot be invoked to justify indefinite incarceration of the accused under the UAPA.
For the aforesaid reasons, the attempt in gurminder to read Watali as laying down a general rule of denial of bail notwithstanding the period of incarceration is difficult to reconcile with this Court’s own subsequent clarification of what the ratio in Watali actually meant.
We also note that the bench in Gurwinder formulated the so-called twin-prong test governing grant of bail under the UAPA. It held that inquiry under Section 43D(5) must proceed in two sequential stages. First, whether the accusation is prima facie true, and second, only if the first question is answered in favour of the accused, whether ordinary bail considerations such as flight risk, etc. would justify the relief. If the first stage of the twin-prong test is satisfied against the accused, bail becomes absolutely impermissible.
With respect, this test flows neither from the text of Section 43D(5) of the UAPA Act, nor from Najeeb. In fact, on the contrary, it is in the case of Najeeb where it is categorically stated that Section 43D(5) of the UAPA Act provides no more than another possible ground, namely, that the accusations against the accused are prima facie true, for the competent court to refuse bail, in addition to the well-settled considerations like possibility of tampering with evidence, etc.
SG Tushar Mehta: CBI appeal is listed before the Delhi High Court
Sr Adv N Hariharan: I am in the position to show that the prosecutrix is not a minor. The AIIMS board says she was not a minor. All reports are in his favour still he is in jail.
SG: The main conviction is under 376(1) IPC for remainder of his life
CJI: Prayer was only to suspend the sentence. There are issues which require consideration.
SG: it has to be seen whether MLA is a public servant for the POCSO
Justice Bagchi: we do not endorse the hyper technical conclusion of the high court. This is a penal legislation which protects children from sexual exploitation.. section 21 of IPC and prevention of corruption of act..
SG: MLA is in a dominant position.
CJI: HC has suspended the sentence. We have stayed by it. Now there is suspense whether order is illegal, erroneous etc. Now in this area..HC will be reluctant to hear the main appeal.
CJI: we can set aside the order. HC can decide the appeal or if it's taking time .HC can decide the application for suspension of sentence.
Supreme Court to resume hearing today petitions challenging a 2023 law which excluded the Chief Justice of India from the selection panel to appoint the CEC and other election commissioners.
Bench: Justices Dipankar Datta and SC Sharma
Retd. IAS SN Shukla argues on behalf of Lok Prahari: we have challenged not only section 6,7,8 and also the appointments made there under. The basis is not just the judgement in Anoop Baranwal but proven legal infirmities based on governments own records that I have obtained through RTI.
Court: have you received a copy of the counter?
Shukla: only union of India has filed counter yesterday.
Court: have you received the copy? Please address us on merits.
Shukla: the impugned provisions are ultra vires articles 14 and 324.
Supreme Court remarks on women empowerment and patriarchal mindset in a divorce case between an Army officer (husband) and a dentist (wife) - Thread 🧵
The couple was granted divorce by the family court and the high court on the ground of cruelty and desertion by the wife for starting her own dental clinic away from Kargil, where her husband was posted.
The wife approached the Supreme Court not disputing the divorce, but seeking expungement of findings on cruelty and desertion.
Court: In the present world, where women are making strides in leaps and bounds, merely because the husband was an Army Officer posted in a remote location, the expectation that the wife could not even think of pursuing her career in Dentistry, is indicative of regressive and feudalistic mindset.
Court: It must be emphasised that a well-educated and professionally qualified woman cannot be expected to be confined within the rigid boundaries of matrimonial obligations alone. Marriage does not eclipse her individuality, nor does it subjugate her identity under that of her spouse.
Court: The expectation that a woman must invariably sacrifice her career and conform to traditional notions of an obedient wife meant for cohabitation, irrespective of her own aspirations or the welfare of the child, reflects a line of reasoning that is archaic, ultra-conservative, and cannot be countenanced.
Court: What is portrayed as defiance in the impugned judgments is, in truth, an assertion of independence; what is labelled as desertion is, on a closer scrutiny, a consequence of circumstances shaped by professional commitments.