#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.
#BREAKING : Supreme Court comes down hard on the probe in the 2022 murder case against YSRCP MLC Ananta Uday Bhaskar
CJI Surya Kant: “This is a clear casr of the nexus of Police and power. Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) CrPC to the appellant on a platter…”
#SupremeCourt
CJI Surya Kant: Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) crpc to the appellant on a platter though HC did not grant the same.
Thus this appeal. He is enjoying interim bail from the last two years.
CJI: Senior Advocate Luthra informs that a supplementary chargesheet has been filed which shows laxity if not complicity with the state police with the accused exhibiting the grossest negligence in the matter of investigation of a heinous offence. In order to strike balance between right to liberty and right to fair trial.
Supreme Court to hear petitions seeking the registration of FIR into instances of alleged communal speeches attributed to Assam Chief Minister Himanta Biswa Sarma and a social media post, since deleted, depicting him discharging a firearm toward an animated image of two Muslim men @himantabiswa #SupremeCourt
SG Tushar Mehta: There is a factual development
Passover sought as Sr Adv AM Singhvi is in another court
Matter to be taken up shortly
CJI: call him
CJI: why have you not gone to the HC unless HC also has become a ground for political battle.
Singhvi: this affects the fundamental rights under Article 14,15 and 21. If this case cannot come here then this court has to determine what is the contour of article 32. We are seeking a SIT and what SIT in Assam can do against Boss of Assam. There is a list of 17 cases before you where have ordered this in much weaker.
CJI: We will ask political parties to use restraint and be within the boundaries of constitutional morality. But this is becoming a trend just before the elections.
Singhvi: he is a habitual and repeated offender. This would be the ideal case for SC to exercise it's article 32 power. There are examples of Bilkis Rasool , Vinod Dua etc.
Supreme Court is set to examine the Union Government's status report on the "Digital Arrest" cyber fraud epidemic
Top cout will review the coordination between the MHA, RBI, and telecom authorities to curb transnational syndicates targeting Indian citizens #SupremeCourt
In a connected case, CJI Kant remarks "we have seen bank officials are completely hand in gloves with the accused in these cases of digital arrest"
AG R Venkataramani places status report on record
CJI: there are senior citizens.. there was a retired couple. Their entire life savings went away.
AG: Rajasthan and Kerala HC judgments are exhaustive. SOP for now is fairly comprehensive
Supreme Court takes up suggestions seeking sweeping reforms in SCBA elections, including reservation for members with disabilities, 50% relaxation in eligibility norms, rotational representation for women, and inclusion of gender neutrality and ability inclusion as core objectives of the Bar Association
#SupremeCourt #SCBA #BarReforms
CJI Surya Kant: Please give all the suggestions to Adv Pragya Baghel.
CJI to Adv Sneha Kalita: As a woman member, as an AoR and as someone seeking empowerment.
Sr Adv Vijay Hansaria: Suggestion by Ms Kalita on reservation for differently abled is praiseworthy
CJI: yes we will make sure that and we are under an obligation to create the infrastructure for the same.
Adv Kalita: 76 years has passed and we still do not have a woman present of the Supreme Court Bar
. I am stressing on the point of rotational representation
Another woman lawyer: no no that cannot be. It has to be on merit.
CJI: environment created should not look like one is completely dependant for the post. Everytime one cannot depend on reservation
#THREAD Supreme Court is set to hear today West Bengal CM Mamata Banerjee’s plea raising concerns over the SIR electoral roll revision exercise in the State. @MamataOfficial is scheduled to appear in person. #SupremeCourt #WestBengal
Follow updates here 👇
West Bengal CM Mamata Banerjee has urged the Supreme Court to issue urgent directions in the SIR process, warning that mandatory hearings, document rejections and use of Micro Observers could lead to large scale voter disenfranchisement #SupremeCourt #SIR @MamataOfficial
@MamataOfficial All eyes on the Supreme Court today as a Bench led by CJI Surya Kant, with Justices Joymalya Bagchi and Vipul Pancholi, hears Mamata Banerjee’s plea on the SIR process, with the final electoral roll deadline close at hand. #SupremeCourt #SIR #WestBengal
Supreme Court to shortly resume hearing its suo motu case on stray dogs.
Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria
#straydogs #SupremeCourt
The court is expected to continue reviewing compliance affidavits filed by various states with respect to its 7th November order relating to removal of stray dogs from institutional areas etc.
Yesterday, the Court took a dim view of “vague” affidavits filed by some states.
Amicus Curiae Gaurav Agarwal: Punjab has not submitted any action plan etc.
Counsel for Punjab: there is a budgetary allocation of 11cr. There are 20 dog catching vehicles available. There is a district level committee which we have formed. We have given a full action plan for institutions.
Court: how many dogs have you collected from institutions?
Counsel: for Malerkotla it is 108. I will place as and when information comes.