Ayodhya Hearing: Live Updates from Supreme Court [Day 22]
News

Ayodhya Hearing: Live Updates from Supreme Court [Day 22]

Bar & Bench

The hearing in the Ayodhya case is progressing at the Supreme Court of India.

The Ayodhya case is being heard by a Constitution Bench of Chief Justice of India Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan and Abdul Nazeer.

Hearings had commenced on August 6, with arguments being made on behalf of the Nirmohi Akhara. In the following hearings, submissions were also made on behalf of the deity Ram Lalla and the Ram Janmabhoomi Punaruddhar Samiti. After arguments on behalf of the Hindu parties to the Ayodhya dispute concluded, arguments have commenced on behalf of the Muslim parties to the case.

Read an account of Day 1 of the arguments here. Accounts of the arguments made on Days 2 and 3 can be read here and here. Arguments made on Day 5 can be read here.

Day 6 arguments can be read here and Day 7 arguments can be read here. Day 8 arguments can be read here. Day 9 arguments can be read here. Day 10 arguments can be read here. An account of day 15 arguments can be read here and an account of day 16 arguments can be read here. An account of Day 17 arguments can be read here. An account of Day 21 arguments can be read here.

Below are live updates from today’s hearing in the Ayodhya case:

  • Before hearing in the main matter commences, Senior Advocate Rajeev Dhavan mentions that his clerk is also facing threats from other clerks over Dhavan’s appearance for the muslim parties to the case. “Let me make it absolutely clear that I dont argue against Hindu faith“, Rajeev Dhavan says and cites other cases in which he has argued for Hindu parties.
  • Dhavan also cited the statement made by a BJP leader about the Supreme Court. CJI Ranjan Gogoi while deprecating such conduct asks Dhavan whether he wants security or not. Dhavan turns it down, saying remarks by CJI were reassuring.
  • Rajeev Dhavan continuing with his arguments on ‘continuing wrong’.
  • In this case, do they have a continuing right with a corresponding duty? asks Dhavan.
  • They are saying that there is a nuisance on our part which allows them to escape from the statute of repose, Dhavan.
  • ‘Continuing wrong’ also has to be established in the pleadings. But there is no mention of the same in their pleadings, Dhavan.
  • They argue possession without any foundation to it. Then they argue continuing wrong. The sole purpose is to extend period of limitation because they filed in 1959, Dhavan.
  • Bench rises for lunch.

Post Lunch Session

  • Bench assembles, hearing resumes.
  • You cannot create an illegality and then claim a benefit relying on that illegality. Even if you were not complicit in the creation of that illegality, you cannot rely on the illegality, Rajeev Dhavan.
  • Can they claim benefit due to the fact that we did not pray because we were not able to pray due to illegality, asks Dhavan.
  • There was Friday Namaz, they are now trying to refute that too, Rajeev Dhavan.
  • Illegality can never give rise to any rights, never – complicit or not complicit, Rajeev Dhavan
  • Let us assume that suit no. 3 collapses on the ground of limitation. Then what happens to the Shabait? This is an important question, Rajeev Dhavan.
  • I wont put them to the test as to whether they were continuously the Shabait from 1858 all the way through till Jan 5, 1950, Rajeev Dhavan.
  • From 1885, they had some presence at the disputed site, Rajeev Dhavan.
  • Their status as Shabait continues till 1959. What is their status after 1959? Dhavan asks. Justice Bobde queries whether the High Court has concurred with their status as Shabait till 1959.
  • I am supporting the appeal of Nirmohi Akhara insofar as findings on Shabaitship are concerned, Rajeev Dhavan for Sunni Waqf Board.
  • The reasoning of Allahabad High Court for depriving Nirmohi Akhara of Shabaitship incorrect, Rajeev Dhavan.
  • Shabaits don’t disappear. This is not a case of vanishing Shabait but a question of contentious Shabait. If he succeeds, then who will get the property? Dhavan.
  • Nirmohi Akhara says it will come to him even if Ram Lalla succeeds since it is the Shabait, Rajeev Dhavan.
  • Hearing concludes for the day. It will resume tomorrow.

[Read Order]

ram-mandir-sept-12.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com