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Aug 22, 2019 18 tweets 10 min read Read on X
#RamMandir - #BabriMasjid: Hearing continues into day 10.

Senior Counsel Ranjit Kumar arguing today on behalf of plaintiff in suit no. 1, Gopal Singh.
#RamMandir - #BabriMasjid: Ranjit Kumar relying on certain exhibits which had been produced by him in trial court in Section 145 CrPC proceedings.
#RamMandir - #BabriMasjid: Ranjit Kumar placing reliance on am affidavit filed by one Abdul Gani as per which Mosque was erected by demolishing Ram temple but in spite of erection of said mosque the Hindus did not give up possession and were all along worshipping idol there.
#RamMandir - #BabriMasjid: Ranjit Kumar placing reliance on more such affidavits by Muslims in Section 145 proceedings.
#RamMandir - #BabriMasjid: Bench asking him whether those Muslim persons were cross examined to determine the veracity of contents of affidavits.
#RamMandir - #BabriMasjid: Ranjit Kumar admits they were not cross examined but those persons had come forward and made these statement, so an inference can be drawn

"I am not saying what they said should be taken as gospel truth. But nobody has objected to what they have said"
#RamMandir - #BabriMasjid: The persons who have made the statement have been verified.

An inference can be drawn based on what they have said in the absence of any objection, submits Ranjit Kumar.
#RamMandir - #BabriMasjid: How did these affidavits form part of the record before High Court? asks Ranjit Kumar.

They were filed in the suit which then got transferred to High Court, replies Ranjit Kumar.

#AyodhyaHearing
#RamMandir - #BabriMasjid: Bench assembles, Ranjit Kumar resumes his arguments.
#RamMandir - #BabriMasjid: Ranjit Kumar citing judgments to explain the scope of concept of 'Hindu'.
#RamMandir - #BabriMasjid: Idol worship or rituals or ceremonies may not be practised by all persons though they may be professing Hindu religion, Ranjit Kumar reading out excerpts of judgments dealing with scope of Hindu and Hinduism.
#RamMandir - #BabriMasjid: My right to worship is an unfettered right which arise due to centuries of worship that has been happening at the site, Ranjit Kumar concludes his submissions.
#RamMandir - #BabriMasjid: Senior Advocate VN Sinha resumes, reiterates that the disputed land had become part of British crown on annexation by British.

Unless the land was leased out, the land was vested with the British crown
#RamMandir - #BabriMasjid: Senior Advocate Sushil Kumar Jain now begins his second round of arguments. He had not completed his arguments earlier.
#RamMandir - #BabriMasjid: Sushil Kumat Jain reiterates on behalf of Nirmohi Akhara that it had Shebaitship.
#RamMandir - #BabriMasjid: Suit no. 4 by Muslim parties is barred by limitation since the limitation ran from 1934 and not 1949 as claimed, Sushil Kumar Jain.
#RamMandir - #BabriMasjid: Discussion now on Nirmohi Akhara's stance on whether they are claiming title or not.

Is there a contradiction in the stance taken by them earlier in HC and now?

CJI Gogoi asks Sushil Kumar Jain to respond on the same.
#RamMandir - #BabriMasjid: Bench rises for the day. Hearing to contimue tomorrow.

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More from @barandbench

Aug 30
The National Legal Services Authority (NALSA), under the aegis of the Kerala State Legal Services Authority (KeLSA), hosts a two-day regional conference aimed at addressing the growing challenges of human-wildlife conflict in the country. Image
Justice Surya Kant, Executive Chairman of the National Legal Services Authority (NALSA), will inaugurate the conference.
Besides Justice Surya Kant, Nitin Jamdar, Chief Justice, Kerala High Court, who is also patron-in-chief, KeLSA, Justice MM Sundaresh, judge, Supreme Court of India, Justice BV Nagarathna, judge, Supreme Court of India, Justice Vikram Nath, judge, Supreme Court of India and Chairman, Supreme Court Legal Services Committee, A Muhammed Mustaque, judge, High Court of Kerala and executive chairman of KeLSA, CS Dias, judge, High Court of Kerala, R Venkataramani, Attorney General of India, and P Rajeev, Minister of Law, Kerala, are present at the conference.
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Aug 29
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 Image
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.
Read 11 tweets
Aug 28
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. Image
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.
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Aug 28
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 Image
ASG Aishwarya Bhati: 2019-2023 lot of developments have taken place including (the accused have been convicted)
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Justice Pankaj Mithal: What about victim?

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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.
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Aug 28
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.

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#SupremeCourt Image
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
Read 4 tweets
Aug 27
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 fromImage
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. Image
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?
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