#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.
Supreme Court to hear today plea by INC leader Pawan Khera challenging its stay on the transit anticipatory bail granted to him by the Telangana High Court in a forgery and criminal conspiracy case
Bench: Justices JK Maheshwari and AS Chandurkar
The top court had stayed the relief granted to Khera by the High Court on April 15.
SG Tushar Mehta (for Assam): there are new pleadings in the application.
Sr. Adv. AM Singhvi (for Khera): your lordships have been persuaded to pass an ex parte order. It’s a transit bail. It expires today. The court opens on Monday.
Court: see the document on page number 98. This document (Aadhar) you filed. On the basis of this document you are saying your address is different…
Singhvi: I am asking only for transit bail to be extended to Tuesday.
Court: why in Telangana? Why not in Assam?
Singhvi: I want transit bail till Tuesday so I can approach Assam. Telangana petition was filed in a hurry. In the arguments it was pointed out and a correct document was filed. My wife is an MLA candidate in Telangana. Her affidavit was filed on the same day. That is not pointed out. 100 police men are sent to Nizamuddin. There’s article 21 in this country. He doesn’t tell you that the correct document has been filed. This is all prejudice.
DAY 5: Supreme Court nine-judge bench to resume hearing reference arising from Sabarimala review pleas
Parties opposing the reference to continue submissions today
#Sabarimala #SupremeCourt
Adv MR Venkatesh appears for Atmatam Trust
#Sabarimala
Adv MR Venkatesh: My Lords, the first thing I would like to say is that the word religion in Article 25, religious practice in Article 25(2)(a), Hindu religious institutions under Article 25(2)(b), religious denomination under Article 26, and matters of religion under Article 26(2)(b), are all indeterminate and probably incapable of being defined. The word denomination, for instance, can be traced to the word denominatio in the Latin language, fortified by medieval Christianity, which allows the word denomination to be rooted to a particular denomination within the Christian religion, and it was picked up by the Irish Constitution, and we have adopted it.
So it has huge foreign roots, and to this extent these words have their own limitations in terms of our understanding. What gets compounded is that while Articles 25 to 28 have the roots of Article 44 of the Irish Constitution, Article 25(2)(a) in the way it is being read, and Article 25(2)(b), have no international precision. In that sense, Article 25(2)(a) and Article 25(2)(b) are sui generis and are rooted in Indian conditions, tailor made for certain Indian conditions. This requires interpretation and proper intervention of this Court.
Moreover, if there is a definition for denominational temples and a certain class of temples falls into denominational temples, then what happens to non denominational temples. Do they have no rights. Do they have no protection under the Constitution. And how do we deal with non denominational temples. The way it has been interpreted by law, and I will demonstrate very shortly, the problem is that all this becomes a sort of public place, which is equated to a car, railway station or a bus stand, where anybody can enter and anybody can leave.
And then it would seem that the Jehovah Witness case has been relied upon heavily in the formulation of Article 25. Originally proponents of what I would say is the doctrine under Article 25(1), which deals only with what I would say is that even on a mere reading, as Mr Sundaraman pointed out, it should shock the conscience of the Court.
Bombay High Court hearing Anil Ambani's suit against Republic TV, its editor Arnab Goswami, and others asks why the matter can't be resolved.
Court: Why can't this entire matter be resolved? Why must a truth like this lie? I mean, putting egos and tempers and all aside.
@republic #BombayHighCourt #AnilAmbani
Adv Mayur Khandeparkar for Ambani: In fact, when this matter was last opened for the previous bench, the previous bench said the most aptly that nobody is taking away your right..
Court: It's always very comforting for a judge to be told that the previous bench said the most aptly... (laughs)
Khandeparkar: The phrase was 'no hitting below the belt'. Nobody is taking away the journalistic freedom of reporting an aspect, as a matter of fact. But to use words like, 'I am some kind of a fraudster, calling me stupid'... All kinds of words and adjectives that don't come within the ambit of journalistic freedom. Nobody is stopping you from projecting an instance.
#BombayHighCourt
Sr Adv Mahesh Jethmalani for Republic: I'll justify each and every statement that I have made. My defense is one of justification and fair comment. There is nothing I have said which is disparaging. I have gone by the record.
Court: There are orders of the court calling the plaintiff a fraudster?
Jethmalani: Yes. They have gone in appeal. They restricted that challenge to the fraudster business only to the penalty amount and not under the binding case.
Court: Also, the manner in which this is conveyed is also crucial. To wave your finger and call someone a fraudster or to report.. There is a fine line. So really, if both maintain a balance and maintain decorum... There are two matters of defamation similar. Temporarily, things flare up. Things do get heated, get out of control. But there is a manner in which things are done.
Former Supreme Court judge Justice Abhay S Oka to shortly speak on: Robes cannot be Rented
Organised by Adhivakta Parishad Supreme Court Unit
#SupremeCourt
Justice Abhay S. Oka: When one becomes a judge of a court, any court, and in particular High Court and Supreme Court, apart from Bangalore Principles, apart from any other written norms, the judges are bound by several constraints and restrictions.
Obviously, all those restrictions come in for the purpose of maintaining dignity of the office and upholding the old principles that justice should not only be done, but it should be manifestly seen to be done.
And whether Bangalore Principles or not, we are bound by those constraints.
Justice AS Oka: For example, if as a sitting judge, I was invited by Adhivakta Parishad to speak on its platform, I would have politely said no because my belief was Adhivakta Parishad does have political inclinations.
When a judge demits office, of course, he is not bound by those strict constraints and restrictions which he had as a judge, but I personally believe that being a retired judge of the constitutional court, he must follow certain restraints and constraints. @AdhivaktaP
Supreme Court to hear today plea filed by Assam government challenging the transit anticipatory bail granted to INC leader Pawan Khera in a forgery and criminal conspiracy case
Bench: Justices JK Maheshwari and AS Chandurkar
The case was registered against Khera following his recent claims that Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan holds multiple foreign passports and undisclosed assets abroad.
SG Tushar Mehta (for Assam): it’s a case of patent lack of territorial jurisdiction. No averment in the petition why telangana high court. Offence committed in Assam, FIR in Assam. Neither he says why Telangana.
Court: he is saying petitioner wife is staying in Hyderabad.
Mehta: he places on record Aadhar card in page 98 where wife is staying in Delhi. He places both. Which shows even his wife stays in Delhi. Sometimes he keeps travelling. Is this the law? Someone can buy or rent 10 properties in 10 different states. This will qualify as forum choosing. This is abuse of law.
"Direct and serious appearance of conflict of interest."
Arvind Kejriwal files an affidavit in the Delhi HC stating that since Justice Swarana Kanta Sharma's children are panel counsel for the Central government, she should recuse from the excise policy case.
@AamAadmiParty
@ArvindKejriwal
@CBIHeadquarters
Kejriwal says that since Solicitor General Tushar Mehta appears for CBI in the excise policy case, and he also allocates cases to the panel counsel, this gives rise to a "direct and serious appearance of conflict of interest".
Kejriwal has also raised objections to his not being given an opportunity to make a rejoinder submission in his recusal application.
He says that he left the Court at around 3:45 PM after seeking leave of the Court and had no reason to expect the matter would continue substantially beyond the court hours.