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Aug 21, 2019 31 tweets 17 min read Read on X
#RamMandir - #BabriMasjid: Day 9 hearing commences; CS Vaidyanathan resumes his arguments.

#AyodhyaHearing
#RamMandir - #BabriMasjid: CS Vaidyanathan citing precedents on adverse possession and ownership.

"There has never been any adverse possession in this case. Hindus have always expressed their desire to worship at this place", Vaidyanathan.
#RamMandir - #BabriMasjid: Discussion now happening on how question of adverse possession will arise only if the property is alienable.
#RamMandir - #BabriMasjid: The property itself being birthplace of Ram and a deity, it is res extra commercium. Thus, there is no question of anyone putting up a mosque there and claiming adverse possession, CS Vaidyanathan argues.
#RamMandir - #BabriMasjid: There cannot be a destruction of an idol or temple. Even if there is no temple, the place itself has sanctity which will always remain, CS Vaidyanathan.
#RamMandir - #BabriMasjid: The property is res extra commercium and cannot be transferred, sold, alienated or dealt with in any manner, argues Vaidyanathan.

#AyodhyaHearing
#RamMandir - #BabriMasjid: In Hindu law unlike in Mohammaden law, a person in the capacity of trustee or Shabait cannot alienate the property, submits Vaidyanathan.
#RamMandir - #BabriMasjid: Discussion happening now on whether property can be alienated and when the same can be done.
#RamMandir - #BabriMasjid: Whether a mosque is a juristic person or not?

Vaidyanathan citing 1940 judgment in Masjid Shahid Ganj case.

He says that judgment never answered that question conclusively, says Vaidyanathan.
#RamMandir - #BabriMasjid: This place due to the very fact that Ram was born here has divinity and needs to be treated differently, CS Vaidyanathan.
Ayodhya Hearing: Live Updates from Supreme Court [Day 9] #RamMandir #AyodhyaHearing #SupremeCourt

bit.ly/30o7Uak
#RamMandir - #BabriMasjid: Bench rises for lunch, hearing to resume at 2 pm.
#RamMandir - #BabriMasjid: Bench resumes hearing.

CJI Ranjan Gogoi asks CS Vaidyanathan to close his arguments.

#AyodhyaHearing
#RamMandir - #BabriMasjid: Their suits having been dismissed as time barred, how can they grant relief to them in my suit when most of the findings are in my favour, Vaidyanathan asks.
#RamMandir - #BabriMasjid: The trial was by a Full Bench of High Court.

Supreme Court should be circumspect while interfering with the findings of High Court, Vaidyanathan concludes arguments.
#RamMandir - #BabriMasjid: Senior Advocate PN Mishra commences arguments.
#RamMandir - #BabriMasjid: PN Mishra is making submissions on behalf of Ram Janmabhoomi Punaruddhar Samiti.

#AyodhyaHearing
#RamMandir - #BabriMasjid: Are you party to the suit, asks CJI Ranjan Gogoi.

"I am. I am defendant no. 20 in suit 4", replies PN Mishra.
#RamMandir - #BabriMasjid: I will argue that based on our doctrine, tenets and beliefs, it is a temple. I will start with Atharva Veda, submits PN Mishra.
#RamMandir - #BabriMasjid: It is our case that Babur never built a mosque there and Hindus have been worshipping at that place all along, submits PN Mishra.
#RamMandir - #BabriMasjid: PN Mishra relying on Skanda Purana, Valmiki Ramayana to argue on exact location of Ram Janmasthan.
#RamMandir - #BabriMasjid: Hindu texts as the basis for faith is not disputed; what we really need are objective parameters, documentary evidence for temple, Bench tells PN Mishra.
#RamMandir - #BabriMasjid: Bench is more interested in objective evidence than references to scriptures.
#RamMandir - #BabriMasjid: Justice Chandrachud asks what is the relevance of who built the mosque - be it Babur or somebody else?

Was there a mosque? Thats what is relevant, Justice Chandrachud to PN Mishra.
#RamMandir - #BabriMasjid: Bench says they will hear PN Mishra later.

Now SC moves on to VN Sinha who is appearing for President of Hindu Mahasabha.
#RamMandir - #BabriMasjid: Sinha raising the point of title claimed by Muslims.

Once territory of Awadh was annexed to British empire, all structures raised on the soil also got annexed to Britain, Sinha says.
#RamMandir - #BabriMasjid: Bench objects, says territory annexed means sovereignty is lost; Does not mean all structures in the territory is vested with the empire.
#RamMandir - #BabriMasjid: Sinha says he did not think his turn to argue would come today.

"I thought I would be asked to argue at the very end", says Sinha.

"Is anybody in suit no. 5 ready to argue", asks CJI Ranjan Gogoi.
#RamMandir - #BabriMasjid: Now Senior Advocate Ranjit Kumar making arguments for plaintiff Gopal Singh who died in 1986 and his son has been substituted.

He is plaintiff in suit no. 1, defendant no. 1 in suit no. 4 and defendant no. 1 in suit 5.
#RamMandir - #BabriMasjid: My case is that I am a worshipper, submits Ranjit Kumar.
#RamMandir - #BabriMasjid: Bench rises for the day.

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More from @barandbench

Apr 28
[Day 9: Sabarimala Reference]

Supreme Court nine-judge bench to resume hearing submissions around key issues regarding religious freedom (Articles 25/26), judicial review of faith-based customs, and the 2018 Sabarimala verdict

#Sabarimala #SupremeCourt Image
Adv Nizam Pasha begins submissions
Adv Pasha: The reason we were constrained to file this intervention application is because a writ petition came to be filed before the Delhi High Court following the Sabarimala judgment. The petitioner, a law student who had come to Delhi for an internship, visited the Hazrat Nizamuddin Dargah and was stopped from entering the sanctum sanctorum, the small enclosure where the grave is housed. She claimed that this was a violation of her rights as declared in Sabarimala.
The relief sought before the High Court was a declaration that the practice of prohibiting women from entering the sanctum sanctorum of the Hazrat Nizamuddin Dargah is illegal and unconstitutional.
This raises the issue which has been troubling the Court, namely whether a complete third party, a non believer, can enter a place of worship and demand that matters of faith must yield to their individual claims. This is a stark example of such a situation.
Read 32 tweets
Apr 27
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CJI Surya Kant: As soon as I got your letter yesterday I registered the suo motu

ASG Aishwarya Bhati: The accused was arrested. The FIR is under section 109(1) BNSS. AIIMS has been treating her. She has been discharged and now in private hospital

CJI: why did hospital denied emergency treatment?Image
CJI: A letter was received by the office of the CJI. The letter sought urgent intervention in the case of brutal assault of a woman advocate . The photos depicted brutal assault by a sharp edged weapon on the lady lawyer which led to injury in all vital organs of the body. She was stated to be under treatment at AIIMS trauma centre. ASG is present on behalf of NCT Delhi. The investigating officer is also present.
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Read 5 tweets
Apr 25
Delhi High Court directs counsels representing Delhi University, Delhi Police, Delhi University Students Union (DUSU) President Aryaan Maan and other contesting candidates who allegedly violated court orders, Lyngdoh Committee recommendations and guidelines framed for conducting DUSU Elections, to be present before court on next date of hearing.Image
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Counsel appearing on behalf of Central Government Standing Counsel (CGSC) representing Union of India and Delhi Police stated that his senior is not available.
Read 12 tweets
Apr 24
[Case of rape of a four year old girl in Ghaziabad]

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Hariharan: no medical attention was given to the child. They had the facilities.

CJI: records indicate as alleged by the father of the child is duly noticed in our earlier order. Petitioner grievance has been that their needs to be fair probe and that there is negligence on part of local police and two private hospitals.
Read 4 tweets
Apr 24
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They also allege that they have not received the allowances payable to them for election duty. Image
The petitioners are members of the Jojnt Council of State Service Organisation of govt employees.

Despite specific directions to pay
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the commensurate incentives have not been paid", the petitioners contend.
Read 5 tweets
Apr 24
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#SupremeCourt @MamataOfficial #WestBengalLegislativeAssemblyelection2026 #SIR @abhishekaitc @ECISVEEP @BJP4BengalImage
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CJI: we are granting.
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Read 7 tweets

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