LawBeat Profile picture
Oct 31 21 tweets 11 min read
🚨Will the appeal against acquittal of LK Advani, others in #babrimasjid demolition be allowed?

#AllahabadHighCourt to hear the plea challenging the 2020 judgment by Spl CBI court which held the action of the mob which razed the mosque to be accidental rather than planned
The bench of Justices Ramesh Sinha and Saroj Yadav to take up the matter
#allahabadhighcourt #babri
Court: What is your locus here? How can you say that you're victim in the present case?
Counsel for appellant: We are the victims, my lord. Our properties were also burned during the incident.
#allahabadhighcourt #babri
Court: Did you file any FIR? Was this FIR on record before the trial court?
Counsel for appellant: We filed an FIR.
Counsel for accused persons: There was only one FIR before the lower court and the FIR that appellant filed was not that one.
#allahabadhighcourt
#babri
Court: On which FIR the trial was done?
Counsel for appellant: FIR no. 198/1992 lodged by one Priyamda Nath Shukla, SO Kotwali, Ramjanmbhoomi
#allahabadhighcourt #babrimasjid
Court takes note of the details of the FIR. One other RC was there by CBI which was on the basis of FIR no. 197/1992. Court takes note of the details of that one as well.
#allahabadhighcourt #babrimasjid
Counsel for accused persons: There were multiple other FIRs which were lodged by reporters and photographers.
Court to counsel for appellants: Was any investigation done in the FIR that you lodged?
#allahabadhighcourt #babri
Counsel: Yes my lord. That has been tried by the Faizabad court.
Court: Then how are you coming as victim in the present matter? Were you involved in this one?
Counsel for appellants: We moved a seperate application during this trial.
#allahabadhighcourt #Babari
Counsel for accused persons: At the stage of arguments, they moved an application which was rejected.
Court seeks details of that application.
#allahabadhighcourt #Babari
Counsel for appellant: We moved the application on 21 August, 2020, which was rejected on August 25.
Court: Did you file revision?
Counsel: We didn't get a chance. The judgement was reserved thereafter within 2-3 days and was pronounced on September 30, 2020.#allahabadhighcourt
Court: When your FIR was of 1992, then why did you wait so long to file the said application? Were you waiting for the trial court to pronounce its judgment?
#allahabadhighcourt #babri
Counsel: Priviously also we moved applications. It's not the case that we remained silent spectators. We filed revision against discharge of Lal Krishna Advani and the hon'ble court allowed it. In that order, we were considered a victim in the instant matter.#allahabadhc #Babari
Counsel for appellant: It was state's duty to present the prosecution case properly. The investigation agencies failed to do the investigation on all aspects.We are merely private parties, all we could do was file applications.
#allahabadhighcourt #babri
Counsel continues: This was a case of national importance. The lower court acquitted the accused without considering all the facts presented before it.
Court: Were you before the trial court in this matter?
#allahabadhighcourt #babri
Counsel for appellant: Though the trial in our FIR was done by another court, we were called as witnesses in this trial. Our statements were recorded as well.
Court to CBI counsel: On what ground were these appellant called in this trial? What's their status?
#allahabadhighcourt
Counsel for CBI: As the allegations stated that there was huge crowd, several persons were called to record their statements and the appellants were also among them.
Court: But it is appellants' case that despite their categorical statements, trial court acquitted the accused.
Court: Then, how can you say that the appellants have no locus to file the present appeal. They are saying that they are aggrieved by the trial court's judgement as their submissions were ignored by the state agencies as well the trial court.
#allahabadhighcourt #babri
Counsel for accused: My lord, the scope of appeal is very wide, however, Section 378 of CrPC specifically provides that only the victim/complainant in the case can move an appeal against acquittal.
#allahabadhighcourt #babrimasjid
Counsel continues: The present appellants have not filed any revision against the acqittal in the trial on the FIR lodge by them, however, they are coming to interfere in this trial. How can they be allowed? No other victim in this trial has challenged the acqittal order.
Court asks the counsel for the appellants to point out the relevant paras in their rejoinder and submit the judgments they have referred to.
#allahabadhighcourt
#babri
The bench reserves the judgment.
#allahabadhighcourt #babrimasjid #babri

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with LawBeat

LawBeat 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!

PDF

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 @LawBeatInd

Nov 1
"The Court shall not surrender to the opinions of the Islamic clergy, who have no legal training on the point of law," said #KeralaHighCourt while dismissing a review petition challenging its decision on Muslim women's right to invoke the remedy of #khula. Image
Authoring the verdict for the division bench, Justice A.Muhamed Mustaque stated, "This is a typical review portraying that Muslim women are subordinate to the will of their male counterparts."
#keralahighcourt #muslimwomen
"This review appears to have been fashioned and supported by clergies and the hegemonic masculinity of the Muslim community who are unable to digest the declaration of the right of Muslim women to resort to the extra-judicial divorce of khula, unilaterally", the judge said.
Read 4 tweets
Nov 1
#SupremeCourt hearing a plea which seeks directions for EVMs not to have party symbols.

ECI must replace political party symbols with the identity of the candidate, plea says.
@AshwiniUpadhyay
Counsel: Up until 1968 there was no such practice. Post the 10th schedule and the Representation People’s Act it came.
When a political leader goes to jail, the people choose their leader, who could be anybody an academician, a teacher. Party symbols interferes with the identity.
Read 12 tweets
Nov 1
Abhijit Iyer Mitra(@Iyervval) moves #DelhiHighCourt againt 'Suspension of his Twitter Account' after he put a tweet about the #SupremeCourt granting bail to Mohd Zubair (@zoo_bear) in July 2022. Mitra seeks restoration of his @Twitter account.

#MohammadZubair #Bail
@Iyervval had tweeted, "..that jihadist hatemonger Zubair deleted 121 tweets and counting 20 before custody 101 after custody. He claims the phone from which he tweeted was “lost”. If it was “lost” how did the person currently in possession access his"
@Iyervval had also tweeted, "..presiding judges son on NDTV, NDTV editor furnishes bail bond of “close friend".
Read 10 tweets
Oct 31
#SupremeCourt hearing a batch of petitions challenging the Sedition Law, and further seeking directions to hold it as unconstitutional.
Court (notes): AGI R Venkataramini submitted that in terms of directions issues by this court, in May 2022 the matter is still engaging attention of the relevant authorities. He submits that some additional time be granted to take appropriate directions by the government.
Every interest and concerns stands protected and such there wouldn’t be any prejudices. We adjourn the matter to 2nd January, 2023.
Read 4 tweets
Oct 31
BREAKING: Mohd. Zubair DENIES making any disclosure statements before Investigating officer while he was in police custody. It is Delhi Police's case that Zubair had asked family to dispose off his equipment including mobile phone and laptop in case he is arrested by police
Zubair tells Delhi HC he never disclosed that his laptop & mobile phone for posting contents in question were at his residence as he lost them, a report for it was lodged in March, 2021. "Statement attributed to me as disclosure used to unlawfully raid my residence," Zubair says
"Search & Seizure carried out at my residence with mala fide reasons. I am a fact checker & debunk fake news & misinformation, I deny that in order to gain popularity, I post content that triggers religious sentiments, I do not post content for material gain": Zubair to Delhi HC
Read 4 tweets
Oct 31
BREAKING: "Any person who performs the two finger test will be guilty of misconduct, two finger test is patriarchal, suggests that women who are habitual to sexual intercourse cannot be raped," says Supreme Court
Remove the invasive and traumatising "two-finger" test from study materials in medical colleges: Supreme Court
Supreme Court has thus sentenced the rapist to life who also killed the 16 year old victim by charring her to death by pouring kerosene on her amid her calls for help. Court has set aside the order of acquittal by High Court of Jharkhand which acquitted him.
Read 4 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!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(