Thread by @barandbench

#RamMandir - #BabriMasjid: Day 17 in Supreme Court today.

Muslim parties will commence their arguments.

#ayodhyacase

#RamMandir - #BabriMasjid: Sr. Adv. Kapil Sibal mentions application for contempt filed by Sr. Adv Rajeev Dhavan on the threat received by Dhavan for appearing for Muslim party.

CJI Ranjan Gogoi agrees to list it tomorrow.

#RamMandir - #BabriMasjid:

Rajeev Dhavan apologises to Bench for comments in media and to Sr. adv PN Mishra.

"It is universally recognised that I can be irritating", says Dhavan.

#RamMandir - #BabriMasjid:

What is the law that Your Lordships has inherited?

The law we follow is not Vedic law. Your Lordships' legal system starts in 1858, Rajeev Dhavan.

#RamMandir - #BabriMasjid: What is the degree of reliance that we can place on Historians, Rajeev Dhavan.

#RamMandir - #BabriMasjid:

"Let me start with the issue of what law this Court should apply? Should we apply Vedas, Skand puran?", Rajeev Dhavan.

#RamMandir - #BabriMasjid: Parikrama is a form of worship, not evidence, Rajeev Dhavan.

#RamMandir - #BabriMasjid:

"They spoke about this invasion and that invasion.

I dont want to go into that. Was there an Aryan invasion?", says Dhavan discarding the invasion arguments.

#RamMandir - #BabriMasjid: None of them from the other side referred to facts of the cases they cited except Ranjit Kumar, submits Rajeev Dhavan.

#RamMandir - #BabriMasjid: Rajeev Dhavan also refers to certain submissions by K Parasaran.

While stating that he respects him a lot and he is "as Your Lordships say Bhishma Pitamah, it is for Your Lordships to decide at the end whether he was on the right side or not", Dhavan.

#RamMandir - #BabriMasjid: Do you want me to start from 1858 or do you want me to go back to 1528? asks Rajeev Dhavan.

If Your Lordships want me to go back to 1528, I can show document after document to prove that a mosque existed there, Dhavan.

#RamMandir - #BabriMasjid: Rajeev Dhavan arguing on the law to be applied in the event of change of sovereign.

#RamMandir - #BabriMasjid: Rajeev Dhavan referring to case laws on what law is to be applied.

#RamMandir - #BabriMasjid: The 'regime-change argument' was made for 1.5 days. So I have to argue on that point of what law has to be applied, Rajeev Dhavan.

#RamMandir - #BabriMasjid: "As far as a title suit of civil nature is concerned, there is no room for historical claims", Dhavan reads our from a judgment.

Non-use of property by the owner for a long time wont affect his title, Dhavan.

#RamMandir - #BabriMasjid: Justice Agarwal of Allahabad HC decided to give his judgment on the basis of conjectures and prepondarance of probabilities.

The entire secular structure of our Constitution will disappear if we try a balancing act between apples and oranges, Dhavan.

#RamMandir - #BabriMasjid: We are firmly of the view just because there was a peacock or lotus there does not mean there was a massive structure before the mosque, Dhavan.

#RamMandir - #BabriMasjid: The question formulated for Archeological Survey of India (ASI) was whether there was a temple which was demolished for construction of mosque, Dhavan.

#RamMandir - #BabriMasjid: After 100s of years, it would not be right for this court - in order to decide a civil dispute between two communities - to sit in judgment on what law a conquerer should have followed, Dhavan.

#RamMandir - #BabriMasjid: Dhavan on argument by Hindu parties that travellers of that time did not mention about the mosque:

"Can negative inferences be made on that basis?

Marco Polo did not mention about Great Wall of China", Dhavan.

#RamMandir - #BabriMasjid: We cannot play amateur historians in this case and we are all amateurs, Dhavan.

#RamMandir - #BabriMasjid: "But you have also relied on historical submissions. It is something both sides have relied on", Justice DY Chandrachud to Rajeev Dhavan.

#RamMandir - #BabriMasjid: Your Lordship is right. What undercuts them undercuts me, Rajeev Dhavan.

#RamMandir - #BabriMasjid: Mohammaden law relating to Trusts differs fundamentally from the English law, Rajeev Dhavan.

#RamMandir - #BabriMasjid: Once it is declared that a particular property is Waqf/ dedicated to Waqf, then ownership is transferred to Almighty, Rajeev Dhavan.

#RamMandir - #BabriMasjid: Rajeev Dhavan reciting Sanskrit verses and praising the beauty of Sanrkit language.

#RamMandir - #BabriMasjid: "I am not saying idol worship is not important", Rajeev Dhavan rebutting arguments of Hindu parties on 'Swayambhu'.

#RamMandir - #BabriMasjid: In 1934, it was damaged.

In 1949, tresspass was committed and in 1992 it was brought down.

After all that, they say Hindu Right must be protected, Rajeev Dhavan.

#RamMandir - #BabriMasjid: One of their arguments is that after 1950, their right became crystallised under Article 13; I should respond to it, Rajeev Dhavan.

#RamMandir - #BabriMasjid: Bench rises for lunch, hearing to continue at 2 pm.

#RamMandir - #BabriMasjid: Hearing resumes.

Dhavan responding to arguments by Hindu parties on Article 13.

#RamMandir - #BabriMasjid: Dhavan relying on Constituent Assembly Debates on Preamble and secularism in Constitution of India.

#RamMandir - #BabriMasjid: Suggestions to have Preamble referring to God, Almighty were shot down, Dhavan.

#RamMandir - #BabriMasjid: A claim was made that the right is in realm of public law.

When asked what about Muslim law it was replied that it is only Hindu law.

It was said they (muslims) were invaders and dont recognise their law after 1950, recognise only Hindu law, Dhavan

#RamMandir - #BabriMasjid: I am citing Constituent Assembly Debates on secualrism because such arguments as above should not have taken place before this court, Dhavan.

#RamMandir - #BabriMasjid: Rajeev Dhavan now arguing on whether the site is 'res nullius'.

#RamMandir - #BabriMasjid: No language can survive without grammar and Panini and Patanjali are responsible for the survival of Sanskrit, Rajeev Dhavan.

#RamMandir - #BabriMasjid: Rajeev Dhavan's arguments peppered with trivia on history, langauage etc.

#RamMandir - #BabriMasjid: No temple or monastic institution existed during Vedic age; there was no idol worship during Vedic times, Rajeev Dhavan.

#RamMandir - #BabriMasjid: One view is that these institutions came into existence during Buddhist period; but difficult to say exactly when idol worship started, Dhavan.

#RamMandir - #BabriMasjid Bench rises for the day.