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Ayodhya LIVE: SC concludes hearing for 15th day

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Published : Aug 29, 2019, 11:11 AM IST

Updated : Aug 29, 2019, 4:15 PM IST

SC commences hearing for 15th day

16:07 August 29

Hearing concludes for the day

CJI Rajan Gogoi says Muslim parties will have to start their arguments on Monday next week.

Tomorrow could be the last day of arguments by Hindu parties.

Bench rises. Hearing will continue tomorrow.

15:50 August 29

Justice SA Bobde asks about emperor creating waqf from state property


Justice SA Bobde to P.N. Mishra- Can an emperor create a waqf from the state property?

P.N. Mishra cites a reference from Tarikhi Firoz Shahi where it is stated that from a conquered property a conquerer owns 1/10th as remuneration and from his remuneration he can create a waqf.

15:20 August 29

Mishra cites a judgement stating that only the owner of a property can appoint a Waqf

Mishra cites .

Mishra while reading out the findings of the High Court as to whether the structure was a mosque or not, the Court had observed that the question whether the structure is a mosque or not shall not be decided by the tenets of the religion but by the observance of the place and its dedication.

Mishra submits that the question ought to have been decided by the Court as it being the Sovereign exercising judicial powers and not the people worshipping such a structure.

Justice Chadrachud: It is the dedication of people and the observance of custom through a long period of time that determines whether a structure is used as a mosque or a temple.

Mishra: If it is so then the Muslims may say that the Jagannath temple is a mosque and so will it be considered a mosque.

Justice Chandrachud: It is for the same reason that the observance of practice for a long period of time will determine its position as a mosque or a temple.

14:38 August 29

There are six Hadees accepted by all the Sunni Muslims submits Mishra

Mishra: I will make references from the Hadis and Quran to prove his case that the structure is not a mosque.

He further said that whatever has been observed by Prophet Mohammad should be observed by all the followers including the rulers. Whatever was promised by the Prophet was to be observed and hence the same followed for the followers.

He submits that the prophet had said ‘do not break houses’. If a structure is given for the purpose of a mosque then it will go back to the heirs whose structure was used as a mosque. Once a mosque shall not always be a mosque.

12:22 August 29

The structure was built after demolishing the temple which is against the tenets of Islam submits Mishra

Answering Justice Bobde’s questions,  Mishra makes his submissions that the structure was built after demolishing the temple which is against the tenets of Islam and it also prescribes that a mosque should be built at a place where there is peace and not surrounded by temples.

Mishra: If the Muazzin or the Imam notices that there are idols or inscriptions or images of lotus, women or any other image of a living creature, it will be his responsibility to remove such incriptions or articles before offering Namaz else the Namaz would be rendered Maqrooh (irregular).

If it is found that the mosque is built on someone’s else’s land then that shall be prohibited. There are five tenets of Islam to be followed they are Farz, haram,maqrooh, mandooh and jayaz.

Forcefully building a mosque on someone else's land is not permitted in Islam. No picture of a living being is to be depicted either inside or outside the mosque.

11:12 August 29

Mishra submits that Justice SU Khan had concurred with the finding of Justice Agarwal that the mosque was not constructed by Babur.

However, Justice Khan said, he guessed that the mosque was built by Babur because of no other evidence.

Although, Justice Agarwal observed that the probability was that the mosque was built by Aurangzeb.

10:53 August 29

Advocate Mishra hands over the order of the High Court under section 57 of the Indian Evidence Act

New Delhi: The Supreme Court on Thursday, headed by Chief Justice of India (CJI) Ranjan Gogoi, continued its day-to-day hearing in the Ayodhya title dispute. Today is 15th day of hearing in the case.

Advocate PN Mishra resumed his submissions and handed over the order of the High Court under section 57 of the Indian Evidence Act.

Also Read: Ayodhya Live: Muslim parties should prove that mosque was built by Babar, submits Mishra

16:07 August 29

Hearing concludes for the day

CJI Rajan Gogoi says Muslim parties will have to start their arguments on Monday next week.

Tomorrow could be the last day of arguments by Hindu parties.

Bench rises. Hearing will continue tomorrow.

15:50 August 29

Justice SA Bobde asks about emperor creating waqf from state property


Justice SA Bobde to P.N. Mishra- Can an emperor create a waqf from the state property?

P.N. Mishra cites a reference from Tarikhi Firoz Shahi where it is stated that from a conquered property a conquerer owns 1/10th as remuneration and from his remuneration he can create a waqf.

15:20 August 29

Mishra cites a judgement stating that only the owner of a property can appoint a Waqf

Mishra cites .

Mishra while reading out the findings of the High Court as to whether the structure was a mosque or not, the Court had observed that the question whether the structure is a mosque or not shall not be decided by the tenets of the religion but by the observance of the place and its dedication.

Mishra submits that the question ought to have been decided by the Court as it being the Sovereign exercising judicial powers and not the people worshipping such a structure.

Justice Chadrachud: It is the dedication of people and the observance of custom through a long period of time that determines whether a structure is used as a mosque or a temple.

Mishra: If it is so then the Muslims may say that the Jagannath temple is a mosque and so will it be considered a mosque.

Justice Chandrachud: It is for the same reason that the observance of practice for a long period of time will determine its position as a mosque or a temple.

14:38 August 29

There are six Hadees accepted by all the Sunni Muslims submits Mishra

Mishra: I will make references from the Hadis and Quran to prove his case that the structure is not a mosque.

He further said that whatever has been observed by Prophet Mohammad should be observed by all the followers including the rulers. Whatever was promised by the Prophet was to be observed and hence the same followed for the followers.

He submits that the prophet had said ‘do not break houses’. If a structure is given for the purpose of a mosque then it will go back to the heirs whose structure was used as a mosque. Once a mosque shall not always be a mosque.

12:22 August 29

The structure was built after demolishing the temple which is against the tenets of Islam submits Mishra

Answering Justice Bobde’s questions,  Mishra makes his submissions that the structure was built after demolishing the temple which is against the tenets of Islam and it also prescribes that a mosque should be built at a place where there is peace and not surrounded by temples.

Mishra: If the Muazzin or the Imam notices that there are idols or inscriptions or images of lotus, women or any other image of a living creature, it will be his responsibility to remove such incriptions or articles before offering Namaz else the Namaz would be rendered Maqrooh (irregular).

If it is found that the mosque is built on someone’s else’s land then that shall be prohibited. There are five tenets of Islam to be followed they are Farz, haram,maqrooh, mandooh and jayaz.

Forcefully building a mosque on someone else's land is not permitted in Islam. No picture of a living being is to be depicted either inside or outside the mosque.

11:12 August 29

Mishra submits that Justice SU Khan had concurred with the finding of Justice Agarwal that the mosque was not constructed by Babur.

However, Justice Khan said, he guessed that the mosque was built by Babur because of no other evidence.

Although, Justice Agarwal observed that the probability was that the mosque was built by Aurangzeb.

10:53 August 29

Advocate Mishra hands over the order of the High Court under section 57 of the Indian Evidence Act

New Delhi: The Supreme Court on Thursday, headed by Chief Justice of India (CJI) Ranjan Gogoi, continued its day-to-day hearing in the Ayodhya title dispute. Today is 15th day of hearing in the case.

Advocate PN Mishra resumed his submissions and handed over the order of the High Court under section 57 of the Indian Evidence Act.

Also Read: Ayodhya Live: Muslim parties should prove that mosque was built by Babar, submits Mishra

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Last Updated : Aug 29, 2019, 4:15 PM IST
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