#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.
#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: 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.
"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.
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.
Supreme Court hears plea concerning detention of Bengali-speaking Muslim migrant laborers, who were allegedly apprehended across several states under suspicion of being undocumented Bangladeshi nationals.
Bench: Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi
Advocate Prashant Bhushan: notices have been served but no reply has been filed. One of the ladies who had been pushed out, her family had filed habeas corpus in the Calcutta HC. After notice was issued the ASG went and said to the HC matter is pending and got it adjourned. This lady has been pushed out forcibly from the country, she is pregnant without any proof that she is a foreigner. They are saying Bengali language is a Bangladeshi language. Therefore people speaking Bengali are Bangladeshis. How can any authority push out any person without any determination whether so and so is a foreigner? There should be some agreement with the Bangladeshi government. Normally one can’t push someone to another country without having an agreement with them. You can’t forcibly push to another country without the country accepting.
Bhushan: this pregnant lady is pushed out and arrested by Bangladeshi authorities under their foreigners act saying she is an Indian.
Justice Kant: a lot of factual issues are involved. We appreciate that habeas corpus cannot be adjourned because matter is pending here. We’ll request the high court to take up the matter.
Delhi High Court is hearing the petition filed by banned organisation Popular Front of India (PFI) challenging the order passed by Unlawful Activities (Prevention) Act (UAPA) Tribunal declaring PFI as an unlawful association.
The matter is before the Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.
Additional Solicitor General S. V. Raju is appearing for the Centre. He has opposed the petition on the issue of maintainability.
Supreme Court hears a suo motu plea on the rise in child rape cases and a corresponding delay in the probe and trial of these cases.
Bench: Justice Pankaj Mithal and
Justice Prasanna B Varale
ASG Aishwarya Bhati: 2019-2023 lot of developments have taken place including (the accused have been convicted)
ASG: This family is in Dehli.
Justice Pankaj Mithal: What about victim?
ASG: Victim is still getting CRPF security.
Justice Pankaj Mithal: If threat perception is there, the security has to be given. Merely the accused are in custody doesn't mean that security threat is gone.
Supreme Court hears plea by journalist @abhisar_sharma challenging FIR over YouTube video criticizing Assam govt’s “communal politics” and questioning the allotment of 3,000 bighas tribal land to a private entity.
Bench: Justices MM Sundresh and NK Singh
#SupremeCourt
The FIR has been filed in Assam under section 152 BNS (endangering sovereignty of the nation) among other sections.
Sr. Adv. Kapil Sibal: my lords this 152 is now an omnibus provision.
Justice Sundresh: FIR you challenge before the high court. Why are you bypassing the High Court? We’ll give you protection you go to the High Court. Just because you’re a journalist…
Sibal: some uniformity has to be there. They will lodge another FIR.
Justice Sundresh: even if we entertain they’ll lodge another FIR
Book launch: [In] Complete Justice ? The Supreme Court at 75
Justice AS Oka to speak shortly
Editor of the Book, Sr Adv Dr S Muralidhar: Earlier there was a court of virtual hearings, courts willing to adopt the technological mode...What I miss is a court with It's a more rushed court, more chaotic, more miscellaneous work and new players are law researchers and law interns. One law researcher was asked to draft two drafts of judgments one allowing and one dismissing the appeal... For Milord to choose from
Justice AS Oka: Cartoons speak more than the reading material in this book. Celebrations started after we completed 75 years of constitution.. for legal fraternity celebration was not required.. introspection was needed as to where the course correction was needed.
Justice Oka: The biggest mistake we did was to ignore the trial judiciary on such platforms for over 75 years and we discussed only Supreme Court and High Court. I agree with Sr Adv Jaising when she says that it is a myth that woman judges address best the issues faced by woman. I believe this book triggers a debate which is required. .. Do we have judges anymore who tells their wife that my dissent will cost my Chief Justiceship. Another facet which needs to be looked at is the case listings.. if we spend 6 hours in reading files everyday and then on cases, how do we deliver judgments?
Supreme Court heara a PIL seeking a media gag order in the case of Malayali nurse Nimisha Priya, who faces the death penalty in Yemen.
Bench: Justice Vikram Nath and Justice Sandeep Mehta
On August 22, the Court issued notice to Attorney General of India and orally observed that it would pass an order, if any, on Monday (today).
J Nath to Dr. KA Paul: What do want? Do you want nobody should come out and say anything to media....Leaned Attorney has said so that government of India will make nobody brief media. What else you want?