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After 40 days, SC reserves judgement on Ayodhya case, allows written submission till Oct 19

By Anuj Cariappa

| Updated: Wednesday, October 16, 2019, 17:35 [IST]

New Delhi, Oct 16: The Supreme Court on Wednesday reserved its judgement in the Ram Janmabhoomi-Babri Masjid title dispute case after hearing arguments from all the concerned parties. The hearing for the Ayodhya land dispute case went on for 40 days.

A five-judge Constitution bench headed by Chief Justice of India (CJI) Ranjan Gogoi heard the case. The SC has been hearing the matter on a daily basis for 40 days.

Ayodhya Case: Daily hearings to end tomorrow, says CJI Ayodhya Case: Daily hearings to end tomorrow, says CJI

Here are the updates:

Newest First Oldest First

4:20 PM, 16 Oct

The SC has said that the rest of the submissions can be made in written form over the next three days. The court had earlier reserved its order after hearing the case for 40 days on a day to day basis.

4:02 PM, 16 Oct

The SC completed the hearing two days before the intended date. Earlier the court had fixed the last date of hearing for October 18. Written submissions to be submitted in three days.

4:00 PM, 16 Oct

The Supreme Court has reserved its verdict on the appeals in the Ayodhya case.

3:59 PM, 16 Oct

On demolition of mosque in 1992, What was destroyed was of Muslims, the right of its reconstruction and restoration can only be with the Muslims, Dhavan reiterates

3:56 PM, 16 Oct

Meanwhile, all officers holiday in UP cancelled till November 30, as high alert in Ayodhya before decision on Ram temple.

3:54 PM, 16 Oct

All officers holiday in UP canceled till November 30, high alert in Ayodhya before decision on Ram temple.

3:50 PM, 16 Oct

Meanwhile, News Broadcasting Standards Authority (NBSA) issued advisory on #AyodhyaHearing coverage: *Do not speculate court proceedings. *Ascertain facts of hearing. *Do not use mosque demolition footage. *Do not broadcast any celebrations. *Ensure no extreme views are aired in debates.

3:49 PM, 16 Oct

ASG Pinky Anand makes brief submissions in support of the contentions put forth by SG Mehta.

3:47 PM, 16 Oct

Solicitor General Tushar Mehta tells the Court that it is nobody's case that there is extra judicial bias. Mehta hands over a compliation to show instances where judges who decided a particular matter later sat in larger Bench compositions. There are instances where previous decisions have been reversed.

3:47 PM, 16 Oct

Bench assembles. Mehta continues.

3:46 PM, 16 Oct

No act of God can be attributable to Babur and hence he was not bound by any law, Rajeev Dhavan says in SC.

3:29 PM, 16 Oct

On adverse possession, Commisioner in 1886 had decided that Hindus had no title. Decision is binding on the appellants, the Hindus

3:23 PM, 16 Oct

Dhavan calls PN Mishra's argument on grant of land 'foolish'. Mishra opposes the submission. Dhavan says it is about the argument, nothing personal

3:19 PM, 16 Oct

He is an intellectual, he thought if this map is presented before the court his case will become non-existent. If he had objections he could have said that in the time that was given to him," says Kunal Kishore, publisher of map that was torn by Advocate Dhavan.

2:46 PM, 16 Oct

On the Hindu Mahasabha, Rajeev Dhavan says that there are 8 factions and four distinct submissions. Have they been honest enough to bring facts before the court.

2:42 PM, 16 Oct

CJI Gogoi agrees with Dhavan and clarifies in the Court that he indeed said Dhavan may tear the pages.

2:42 PM, 16 Oct

On the incident of tearing of the pages in Court in the morning session, Dhavan says,"The incident is going viral. But fact is that I wanted to throw the pages away and the CJI said I may tear them. And I tore them so I'd say it was with the permission of Court."

2:41 PM, 16 Oct

Rajeev Dhavan commences arguments. Says he will address issues point by point. He says that the Hindu Mahasabha is not consistent in their submissions.

2:28 PM, 16 Oct

Zafaryab Jilani, Advocate Sunni Waqf Board says any application of withdrawal will be given in court. No application has been filed as yet.

2:28 PM, 16 Oct

Senior advocate P N Mishra arguing for Punaruddhar Samiti refers to Baburnama that mentions Babur followed Islam. He says this demolishes the claim of the Muslim side that Babur was a ruler and was not bound by any laws.

2:24 PM, 16 Oct

Mishra cites written works and the gazetteer to make a case that the site was not put to use to offer namaz prior to the 1850s

2:24 PM, 16 Oct

Senior advocate PN Mishra appearing for one of the Hindu parties tells Court that the Muslim side have no evidence of use of the land or title of it prior to 1856

2:20 PM, 16 Oct

Final leg of arguments begin. Subramanian Swamy seeks permission to argue. SC says his petition has been de-tagged. Swamy seeks permission to leave the court.

2:18 PM, 16 Oct

Court assembles for the post lunch session

2:18 PM, 16 Oct

Court assembles for the post lunch session

1:31 PM, 16 Oct

The Bench has risen for lunch. The Shia Waqf Board has concluded arguments. Dhavan will argue for an hour after the break.

1:08 PM, 16 Oct

Bench rises for lunch

Rajeev Dhavan to get a slot post lunch to make his rejoinder arguments

12:58 PM, 16 Oct

'If we succumb to this prayer, this would be Bench hunting and taming the judiciary. You want the bench of your choice.. that is destroying the very fundamentals of the system. I perceive like that', Supreme Court judge Justice Arun Mishra reacts.

12:57 PM, 16 Oct

Jain asked to conclude his submissions by lunch

12:48 PM, 16 Oct

Drama prevailed in the Supreme Court as senior counsel Rajeev Dhavan tore papers, maps which were handed over to him by the Hindu Mahasabha. Earlier, counsel for the Hindu Mahasabha had sought to place the book, Ayodhya Revisited which spoke about the existence of a Ram Mandir. Dhavan had taken objection to the same. The CJI took objection to the loud arguments by Dhavan and said that he would get up and leave if proceedings continued like this.

8:11 AM, 16 Oct

On Monday, the top court resumed daily hearings in the Ayodhya case after a week-long Dussehra break. Uttar Pradesh government has imposed prohibitory orders in Ayodhya district under Section 144 of the Indian Penal Code as the case is communally sensitive.

8:13 AM, 16 Oct

The Supreme Court saw sharp exchanges between the lawyers representing Hindu and Muslim parties during the proceedings in the politically sensitive Ram Janmbhoomi-Babri Masjid land dispute case.

8:13 AM, 16 Oct

The Supreme Court said that it hopes to complete hearing in the Ayodhya case by October 16, 2019. While the observation was made on the estimates given by the parties, it is a well-known fact that legal issues several times have twists and turns and tend to drag on.

8:15 AM, 16 Oct

What if case is not decided before CJI retires?

If the Bench is unable to complete the hearing and cannot deliver the verdict by November 17, the day the CJI retires, it would then have to be referred to another Bench.

8:22 AM, 16 Oct

Uttar Pradesh Chief Minister Yogi Adityanath had recently said that the tallest statue of Lord Shri Ram would be installed in Ayodhya on a 100-acre site. The installation of the bronze statue is expected to cost Rs 2,500 crore.

8:35 AM, 16 Oct

The 251-metre Lord Ram statue will be the world's tallest. The Statue of Liberty in New York is 93 metres, Dr BR Ambedkar's statue in Mumbai is 137.2 metres, Sardar Vallabhbhai Patel's tribute in Gujarat is 183 meters, Gautam Buddha's statue in China is 208 meters and Chhatrapati Shivaji Maharaj's statue in Mumbai is 212 meters.

8:50 AM, 16 Oct

Why the mediation failed

The mediation committee appointed by the Supreme Court was close to coming to a consensus, but certain objections stood in the way as a result of which the settlement failed.

9:01 AM, 16 Oct

Judgment to be reserved in all likelihood today. The SC had heard the matter on a daily basis for 40 days between 10.30 am and 4 pm.

9:25 AM, 16 Oct

For today the CJI has fixed time slots to wrap up the arguments. There are 5 slots of 45 minutes each and another for an hour. The court will sit till 5 pm today.

9:39 AM, 16 Oct

What happens if both Hindus and Muslims are unhappy with the verdict

The Allahabad High Court in 2010 in a 2:1 majority ruling, had ordered that the 2.77 acres of land be partitioned equally among three parties - the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla. However none of the parties were happy with the verdict and preferred an appeal in the Supreme Court. The question is what if the Supreme Court delivers a similar verdict. This would once again mean that none of the parties would be content with it. Then the ball would be in the government’s court. The government would then have the option to take the ordinance route and settle the matter once and for all.

9:58 AM, 16 Oct

What the Hindu side is arguing in Ayodhya dispute

Entire claim of title and possession of Muslim sides is tainted at the source. The report by Archaeological Survey of India (ASI) concludes the presence of a Hindu temple below the mosque. This has been corroborated by travelogues and Gazetteers of Western visitors. All these weigh high as evidence. We cannot change the birthplace of Ram.

9:59 AM, 16 Oct

What is Ayodhya dispute?

Babri Masjid was built in 1528 by Mir Baqi, a Mughal general of Mughal King Babur. Hindus believe that Baqi destroyed a pre-existing Ram temple to build the mosque. Both communities have worshipped in the 'mosque-temple'. Muslims prayed inside the previously standing structure of Babri Masjid while Hindus prayed outside.

10:27 AM, 16 Oct

No BJP PM visited Ram temple

While the Ram temple in Ayodhya is a prominent issue for the BJP, but no BJP prime minister has ever visited and offered prayers at the make-shift Ram Lalla temple. Though it is customary for BJP chief minister from Uttar Pradesh to visit the Ramjanmabhoomi, Modi and the only other man to have been a BJP PM, Atal Bihari Vajpayee, never visited the site while in office.

10:34 AM, 16 Oct

Views of Sunni Waqf Board to be conveyed to Supreme Court through mediation panel. Meanwhile there are reports suggesting that the Board may seek withdrawal of its suit.

10:41 AM, 16 Oct

There could be a twist in the tale on the last day of the hearing in the Ayodhya Case. The Sunni Waqf Board is likely to withdraw its suit.

10:44 AM, 16 Oct

The mediation panel has informed the Supreme Court about the decision of the Sunni Waqf Board to withdraw from the title suit.

10:44 AM, 16 Oct

Day 40:

SC begins hearing Ayodhya Case. This could be the last day of the hearing.

10:46 AM, 16 Oct

CJI Gogoi has said that the hearing would conclude today. Senior counsel C S Vaidyanathan resumes arguments. He says that the Muslim side has not given any evidence on exclusive possession or the title.

10:52 AM, 16 Oct

CJI says that the hearing would end today at 5 pm

11:25 AM, 16 Oct

Meanwhile, the Vishwa Hindu Parishad has ended its 'Trishul Diksha' programme in Ayodhya and other places 15 days ahead of Supreme Court's verdict in Babri Masjid-Ram Janmabhoomi Case

11:28 AM, 16 Oct

There could be some evidence that the Muslim side offered prayers at the disputed site between 1857 and 1934. However there is no evidence whatsoever that they offered any prayer after that. On the other hand, the Hindus continued to worship, Vaidyanathan also submitted before the court.

11:34 AM, 16 Oct

In his concluding remarks Vaidyanathan says that none of the claims regarding the possession or title could be proved by the Muslim side. You cannot have any other place called as Ram Janmabhoomi. They can offer prayers at several places, but there can’t be a another Ram Janmabhoomi, he also said.

11:44 AM, 16 Oct

Senior advocate, Ranjit Kumar appearing for the son of the fist plaintiffs Gopal Singh Visharad says he is a practising Hindu. It was repeatedly said from the other side that so and so is a practising Muslim. I want to say I am also a practising Hindu and know the scriptures.

11:52 AM, 16 Oct

Ranjit Kumar emphasises on his pre-existing right to worship. He also seeks that the suit be dismissed. Arguments are currently being advanced by senior advocate, Jaideep Gupta. He is arguing on behalf of Nirvani Akhara and Mahant of Hanuman Garhi. This was opposed by Nimrohi Akhara. The CJI however said that there is no harm in hearing him for five minutes.

11:54 AM, 16 Oct

The Ayodhya land dispute settlement report has been filed in the Supreme Court by the mediation panel.

12:05 PM, 16 Oct

Jaideep Gupta concludes, Senior Counsel Vikas Singh begins to make submissions.

12:10 PM, 16 Oct

Senior advocate Vikas Singh, appearing for former Rashtriya Swayamsevak Sangh (RSS) ideologue K N Govindacharya mentioned the book 'Ayodhya revisited' by Kunal Kishore. Senior advocate at the SC, Rajeev Dhavan took strong objection to placing on record contents from the book.

12:13 PM, 16 Oct

Vikas Singh agreed to not to place reliance on the book, and handed over maps and pages he wishes to place reliance on. However, Dhavan tore the pages handed to him to lodge his opposition. Meanwhile, CJI Gogoi told Dhavan that he can shred it further

12:24 PM, 16 Oct

Original place we are dealing with was the Ram Janmasthaan. Inspite of the conversion of the site, Hindus continued to uninterruptedly offer prayers there, says Vikas Singh

Important facts about the Ayodhya Case:

The deadline to conclude the hearing is October 18. October 17 would be the last day for wrapping up the hearing when the parties will have to make the final arguments.

Fourteen appeals have been filed in the top court against the 2010 Allahabad High Court judgment, delivered in four civil suits, that the 2.77-acre land in Ayodhya be partitioned equally among the three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

Ayodhya: Hindus have no right other than that of prescription, Muslim parties tell SC Ayodhya: Hindus have no right other than that of prescription, Muslim parties tell SC

The dispute involves 2.77 acres of land in Ayodhya, which right-wing activists believe was the birthplace of the Lord Ram.

A 16th Century mosque - said to have been built by the Mughal Emperor Babur -- which stood at the spot was razed in December 1992 by right-wing activists who believed that a temple had to make way for it.

In the current lawsuit, the Nirmohi Akhara entered the scene in 1959 when a Faizabad local court was hearing the matter on a petition filed by Gopal Das Visharad, a devotee of Lord Ram in 1950.

In 1961, the Sunni Waqf Board became a party claiming title of the disputed land in Ayodhya.

Ram Lalla became a legal party in the current title suit only in 1989 when former Allahabad High Court judge Deoki Nandan Agrawal moved the high court as "next friend" of Lord Ram. In the same petition, the Janambhoomi (the birthplace) became a separate entity and sought title right over the entire disputed property.