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.

#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: 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
#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.

#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.

#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!


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

Jul 16
#SupremeCourt hears plea by BRS President and former Chief Minister K Chandrashekar Rao challenging the Telangana High Court's decision to dismiss his petition against a commission formed by the state government Image
Sr Adv Mukul Rohatgi: Plain case of political vendetta. Every time the government changes there is a case against the former chief minister

CJI DY Chandrachud: we will clarify that by calling it judicial enquiry they cannot take it outside the scope of the commission @TSwithKCR
Rohatgi: you cannot fix responsibility in a fact finding commission. This was for approval of tariff ..there was a power crisis and thus state bought power from state of chhatisgarh and thus the PPA needed approval from Chhattisgarh state commission and Telangana state commission.
Read 16 tweets
Jul 15

Supreme Court DISMISSES plea by Deputy CM of Karantaka DK Shivakumar to quash CBI's disproportionate assets case against him under provisions of Prevention of Corruption Act, 1988.

A bench of Justices Bela Trivedi and Satish Chandra Sharma heard the matter. Image
Trivedi J: How High Can stay the sanction order granted by government? This is unheard of.

Senior Adv Rohatagi (for Shivakumar): That is withdrawn already.

Trivedi J to State: That is different thing but how High Court can grant such order?
Senior Adv Rohatagi (for Shivakumar): We are on a new question, the ground is this court has held that if the predicate offence is only conspiracy, it cannot be a stand alone offence and it has to be added by some other offence as well. I am questioning the FIR lodged by CBI which is completely illegal. I am not on any part by ED. I am on the FIR dated 3.10.20 under PC Act by CBI. Section 17A which has come in 2018 requirement has not been fulfilled (referring to split verdict of Justice Trivedi and Justice Bopanna)

Trivedi J: We cannot quash the case on the basis of split verdict by this court.

Senior Adv Rohatagi: But one judge has ruled in our favor.

Trivedi J: So what, that cannot be the basis of quashing. No quashing at all.
Read 4 tweets
Jun 26
[Excise policy case]

CBI to produce Delhi Chief Minister Arvind Kejriwal before Rouse Avenue Court and seek his custody.

Hearing likely to start at 10AM.

#ArvindKejriwal @CBIHeadquarters @AamAadmiParty @ArvindKejriwal Image
Kejriwal to be produced before Special Judge (PC Act) Amitabh Rawat shortly.
Arvind Kejriwal's wife Sunita Kejriwal reaches court.
Read 118 tweets
Jun 25
Delhi High Court to shortly pronounce its verdict on ED's plea seeking stay on bail granted to Arvind Kejriwal.

Justice Sudhir Kumar Jain will pronounce order at 2:30 PM.

#DelhiHighCourt #ArvindKejriwal @dir_ed @AamAadmiParty @ArvindKejriwal #Bail Image
Kejriwal was granted bail by the trial court on Thursday (June 20). The High Court put an interim stay on his bail the next day, after ED challenged the order.

On the same day, Justice Jain reserved his verdict on ED's stay application.

Read detailed story here:…
ED and AAP lawyers present in court.
Read 13 tweets
Jun 15

Delhi High Court orders removal of tweets by Congress leaders Ragini Nayak, Jairam Ramesh, and Pawan Khera alleging that journalist Rajat Sharma abused Nayak on live-television.

@RajatSharmaLive @NayakRagini @Jairam_Ramesh @Pawankhera Image
High Court holds that Congress leaders over-sensationalised the incident and did not remain truthful.
"It cannot be denied that the citizens have a right to freedom of Speech and expression but there was also a corresponding duty to remain truthful to the incident. The X posts berating the plaintiff are nothing but an oversensationalization and depiction of facts which are patently false," the court said.
Read 6 tweets
Jun 13
Supreme Court to hear batch of pleas seeking cancellation of NEET 2024

#SupremeCourt #NEET #NEET_परीक्षा #NeetUG24Controversy #neetexam2024 #neet #NEET_परीक्षा #NEET_परीक्षा_परिणाम Image
Matter before a Vacation Bench of Justices Vikram Nath and Sandeep Mehta. Image
Adv Kanu Aggarwal for respondents : A decision has been taken to allay the fear of students.

#SupremeCourt #NEET #NEET_परीक्षा #NeetUG24Controversy #neetexam2024 #neet #NEET_परीक्षा #NEET_परीक्षा_परिणाम
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!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!