A five-judge bench comprising CJI Ranjan Gogoi and Justices S A Bobde, D Y Chandrachud, Ashok Bhushan & Abdul Nazeer has assembled.
PN Mishra continuing his arguments.
PNM: My case is positive. They amended their case to delivery of possesion.
J. Bobde: We are also going to consider this that what happens when the subject matter of a suit is destroyed, we want to know that whether the amended prayer clauses (added after demolition in 1992) can be granted.
J. Bobde: First listen to the question, we understand that you want to dispute their case that Babar built a mosque but the fact is that the disputed structure has some trappings of a mosque and some features of a temple. What is your theory.
J. Bobde: Aurangzeb had an Italian commander?
Bobde: We want to hear your positive case as to how this structure came into existence. If you have any theory.
J. Bobde: How will you prove it was Aurangzeb. Would you like to list these reasons with evidence that it was Aurangzeb?
PNM: My lords my duty as defendant is to dispute their case.
J. DYC: Does Ain I Akbari mention any mosques?
PNM: No, it mentions only 3 graves bit no mosque. This Ain-i-Akbari was written by Abul Fazal upon the insistence of Babar's grandson Akbar
PNM: Third document is Tuzuk-i-Jahangiri and it also does not mention any mosque.
PNM: In other places, but not in Ayodhya.
J. Bobde: Which places, show.
PNM: My lords have asked question that i did not expect, i will tell tomorrow.
J. DYC: Is this book available on evidence volumes.
PNM: This book was allowed by High Court order, i told earlier, duri g arguments.
PNM: The book was published later but at that time i had referred to some pages.
Dr. Dhawan: This takes us back to Section 57.
CJI: You will have to show us that order
PNM: I will impeach the findings of HC that Babar has been said to be absolute sovereign and he could do what he did.
PNM: Because my lords for making a mosque the waqif should have been the owner of the land, Babar by conquering does not become owner.
PNM: It is in the judgment, (refers to a page)
CJI: Where is the translation and show it in exhibit.
CJI: No we want to see it today. Do one thing, take 10 minutes, find out and give details to courtmaster.
Bench rises for the day. Hearing to continue tomorrow.