Bar and Bench Profile picture
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.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Bar and Bench

Bar and Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

Jan 28
Supreme Court to resume hearing today its suo motu case on stray dogs.

Today, the Court is expected to hear submissions made by the amicus curiae, the NHAI, States and Union Territories.

Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria

#straydogs #SupremeCourt Image
Here’s what happened on the last hearing:

barandbench.com/news/we-were-n…
Hearing begins.
Read 32 tweets
Jan 24
Chief Justice of India Surya Kant will shortly begin his lecture at the Fali Nariman Memorial.
The lecture is organised by the Bombay Bar Association.

#BombayBarAssociation #CJISuryaKant Image
Chief Justice of Bombay High Court gives the presidential address. Image
Chief Justice of India Surya Kant begins his lecture

#CJISuryaKant #Bombay Image
Read 29 tweets
Jan 22
MK Stalin case: Supreme Court hears plea by AIADMK leader SA Duraiswamy challenging TN CM Stalin’s 2011 assembly election win from Kolathur constituency.

The plea alleges that Stalin and his party representatives indulged in corrupt practices, particularly by providing money and gifts to secure votes.

Bench: Justices JK Maheshwari and Vijay Bishnoi.Image
Sr. Adv. DS Naidu, appearing for Duraiswamy refers to a prosecution witness statement:

Naidu: the witness is the editor of a magazine called “kumudam snehidi”.

Court: what’s the meaning of that?

Another counsel: kumudum means lotus. Snehidi means friend.

Naidu: a friend of lotus. May be figurative meaning.

Sr. Adv. Kapil Sibal (for Stalin): most inappropriate definition.

Court bursts into laughter.
Naidu: kumudam was once India’s largest selling family magazine. It’s basically a women’s magazine. Like women’s era. It’s the women’s wing of kumudam publications. Perhaps, the lotus is being compared with women and Snehidi is the friend of the woman, or the fairer sex.

Justice Maheshwari: (in jest): we can’t say anything…
Read 7 tweets
Jan 22
[Jitendra Kumar Mehta vs ED]

Plea concerning seizure of electronic devices during criminal investigations

Sr Adv A Sundaram: some sort of information is being looked at. No predicate offence against me and my phone is being looked to find a link with predicate offence. There needs to be some guidelines to stop such fishing and roving inquiry. Where is my privacy I ask ? If my phone contain something.. then how it affects them.. there is nothing.Image
CJI: tell us why your mobile has been taken away ? There are people siphoning off thousands of crores and phones cannot be looked into? If they rely on something which is not related to this then we can intervene. We can look at it from case to case also. But not like this. Let them see first.

Sundaram: Then my plea becomes infructuous!

CJI: why did they come to you.

Sundaram: please see the summons, nothing against me.
Justice Bagchi: This is a fallacious argument by you Mr Sundaram. ECIR is in respect of an offence and not an individual. There is no notice needed for seizing a device.

CJI: you are behaving as if you have nothing to do. ED just raided your place early morning as if you called them for tea.

Order: Issue notice.
Read 4 tweets
Jan 20
Supreme Court to resume hearing its suo motu case on stray dogs at 2pm today.

Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria

Follow this thread for live updates.

#straydogs #SupremeCourt Image
On the last hearing, the Court had lamented that many lawyers argued on behalf of dog lovers in the case but nobody was arguing or putting forth the views on behalf of human beings.

Read coverage:

barandbench.com/news/why-not-a…
Hearing commences.
Read 42 tweets
Jan 20
Supreme Court hears a batch of pleas seeking steps to be taken against hate speech incidents.

Bench: Justices Vikram Nath and Sandeep Mehta

#hatespeech #SupremeCourt Image
State agencies were enabled to take suo motu action on hate speeches without waiting for complaints.
Adv. Nizam Pasha: there are 5 points why this matter was entertained. The problem was not the inadequacy of laws. The problem was the reluctance of state agencies in taking action particularly when the perpetrators were associated with the ruling establishment.
Read 17 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(