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Ayodhya case: Complete arguments by Oct 18, not a day extra, SC tells parties

The SC has asked both parties in the Ram Janmbhoomi-Babri Masjid land dispute case to complete arguments by October 18.  On September 18, the top court had set October 18 as the deadline for the conclusion of hearings land title dispute, which raised the possibility of a verdict in the case by mid-November.

Ayodhya case
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Published : Sep 26, 2019, 11:42 PM IST

New Delhi: The Supreme Court asked both Hindu and Muslim parties Thursday to specify the time-frame for completing arguments in the politically sensitive Ram Janmbhoomi-Babri Masjid land dispute case and said there will not be any extra day for hearing after October 18.

"There will not be any extra day after October 18. It will be miraculous if we deliver the judgement in four weeks in the matter," said Chief Justice of India (CJI) Ranjan Gogoi, who is set to retire on November 17.

CJI-headed 5-judge bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer, asked the Muslim parties to wrap up their arguments on the ASI report during the course of the day and continue to other arguments. It said there are holidays in October for Dussehera and Diwali and only one advocate of the four Hindu parties will be allowed to give the rejoinder arguments.

Senior advocate Rajeev Dhavan, who is appearing for the Muslim parties, suggested that the extra-one hour arrangement of hearings till 5pm should continue.

The CJI told the lawyers appearing for parties who wanted to intervene that "we will go on hearing the arguments. If any new point is there you can make your submission at the rejoinder stage. Enough is enough, today is 32nd day of hearing in the matter, we cannot allow this plea or that".

On September 18, the top court had set October 18 as the deadline for the conclusion of hearings land title dispute, which raised the possibility of a verdict in the case by mid-November.

The apex court had also said the parties to the dispute can amicably resolve the matter through mediation if they wanted to, but the lawyers must conclude the day-to-day hearings by October 18 so that the judges get about four weeks to write the judgment.

It had said that the day-to-day proceedings in the land dispute case have reached "an advanced stage" and will continue. The apex court had on August 6 commenced day-to-day proceedings in the case as the mediation proceedings initiated to find the amicable resolution had failed.

The court had taken note of the report of the three-member panel, also comprising spiritual guru and founder of the Art of Living foundation Sri Sri Ravishankar and senior advocate and renowned mediator Sriram Panchu, that mediation proceedings, which went on for about four months, did not result in any final settlement and it had to decide the matter pending before it.

The court, which had on March 8 referred the matter for mediation, had asked for in-camera proceedings to be completed within eight weeks, but later granted time till August 15 after the panel's earlier report said the mediators were "optimistic" about an amicable solution.

The top court fixed the seat for mediation process in Faizabad, Uttar Pradesh, around 7 km from Ayodhya, and said adequate arrangements, including the venue of the mediation, place of stay of the mediators, their security, travel should be forthwith arranged by the state government.

It had perused a report about the progress of the mediation process till July 18 and said its contents will remain confidential.

Fourteen appeals have been filed in the apex 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.

On December 6, 1992, the Babri Masjid, constructed at the disputed site in the 16th century by Shia Muslim Mir Baqi, was demolished, sparking communal riots in the country.

Read: Ayodhya dispute: Muslim parties attack ASI's 2003 report in SC

New Delhi: The Supreme Court asked both Hindu and Muslim parties Thursday to specify the time-frame for completing arguments in the politically sensitive Ram Janmbhoomi-Babri Masjid land dispute case and said there will not be any extra day for hearing after October 18.

"There will not be any extra day after October 18. It will be miraculous if we deliver the judgement in four weeks in the matter," said Chief Justice of India (CJI) Ranjan Gogoi, who is set to retire on November 17.

CJI-headed 5-judge bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer, asked the Muslim parties to wrap up their arguments on the ASI report during the course of the day and continue to other arguments. It said there are holidays in October for Dussehera and Diwali and only one advocate of the four Hindu parties will be allowed to give the rejoinder arguments.

Senior advocate Rajeev Dhavan, who is appearing for the Muslim parties, suggested that the extra-one hour arrangement of hearings till 5pm should continue.

The CJI told the lawyers appearing for parties who wanted to intervene that "we will go on hearing the arguments. If any new point is there you can make your submission at the rejoinder stage. Enough is enough, today is 32nd day of hearing in the matter, we cannot allow this plea or that".

On September 18, the top court had set October 18 as the deadline for the conclusion of hearings land title dispute, which raised the possibility of a verdict in the case by mid-November.

The apex court had also said the parties to the dispute can amicably resolve the matter through mediation if they wanted to, but the lawyers must conclude the day-to-day hearings by October 18 so that the judges get about four weeks to write the judgment.

It had said that the day-to-day proceedings in the land dispute case have reached "an advanced stage" and will continue. The apex court had on August 6 commenced day-to-day proceedings in the case as the mediation proceedings initiated to find the amicable resolution had failed.

The court had taken note of the report of the three-member panel, also comprising spiritual guru and founder of the Art of Living foundation Sri Sri Ravishankar and senior advocate and renowned mediator Sriram Panchu, that mediation proceedings, which went on for about four months, did not result in any final settlement and it had to decide the matter pending before it.

The court, which had on March 8 referred the matter for mediation, had asked for in-camera proceedings to be completed within eight weeks, but later granted time till August 15 after the panel's earlier report said the mediators were "optimistic" about an amicable solution.

The top court fixed the seat for mediation process in Faizabad, Uttar Pradesh, around 7 km from Ayodhya, and said adequate arrangements, including the venue of the mediation, place of stay of the mediators, their security, travel should be forthwith arranged by the state government.

It had perused a report about the progress of the mediation process till July 18 and said its contents will remain confidential.

Fourteen appeals have been filed in the apex 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.

On December 6, 1992, the Babri Masjid, constructed at the disputed site in the 16th century by Shia Muslim Mir Baqi, was demolished, sparking communal riots in the country.

Read: Ayodhya dispute: Muslim parties attack ASI's 2003 report in SC

Intro:The constitution bench hearing the Ramjanmabhumi- Babri masjid case said today that an extra day can not be allotted for the hearing and it has to get completed by 18th october keeping in mind that the CJI Ranjan Gogoi is retiring on 17th November.


Body:"Even if we complete the arguments by October 18, we will have only 4 weeks to write and deliver the judgement. It will be miraculous if we deliver the judgement in four weeks," said CJI. Gogoi asked if 2 days were enough for senior advocate Rajeev Dhawan appearing for Sunni waqf board to complete his arguments, to which Dhawan replied that it will be possibly less. Muslim parties also asked if the bench could sit for an extra hour to which the court said they will whenever it will be required. Today the court sat for an extra hour till 5pm.

Today was the 32nd day of Ayodhya hearing where Rajeev Dhawan and Meenakshi Arora submitted their arguments.

Dhawan said that the court could examine the contradiction of the ASI report and check weather the objections to it were filed or not.Meenakshi Arora had raised objection towards the ASI report yesterday. Arora today contended saying that if one inference was possible then other too was possible. She said that ASI had amitted to facing problems in identifying the layers stratigraphically. She said that there was a possibility that idgah was present underneath the mosque. Justice Bhushan questioned her over this as yesterday she said that mosque was built on an open land to which Arora replied that she was only referring to the findings of the ASI report.

She asserted that the wall was found later and it could have been a part of idgah since it faced west like it is in other idgahs. It could not be concluded that it was a temple's wall. She cited the report saying that pillars had to be aligned but were on different levels which could mean that they were constructed in different periods.To this Justice Bhushan said modern engineering norms could not be applied to a construction which was 1000 years ago.

Submitting further Arora said that lime surkhi was found in the excavated materials which is used exclusively in islamic structures and was impossible to find in a temple. Justice Bobde asked if it was barred in other religions and CJI asked for evidence to prove it.

Arora further said that she did not accept ASI's finding that a circular shrine was of Shiva Linga to which Bobde said that ASI can not always be considered a an authority. Arora said,"If thats so, then I rest my case."


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