Ayodhya case: Muslim party objects hearing on all days of week, says it can’t be ‘rushed through’

Agencies
August 9, 2019

New Delhi, Aug 8: A Muslim party on Friday objected in the Supreme Court five-days-a-week hearing of the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute case in Ayodhya, saying it will "not be able to assist" the court if the hearing is "rushed through".

The submission was made by senior advocate Rajeev Dhavan, who is appearing for a Muslim party, when the Supreme Court commenced hearing on the fourth day in the case.

Breaking with the tradition, the apex court decided to hear the sensitive case on Friday which is kept kept fresh cases only, along with Monday. As per the apex court's procedures, on Mondays and Fridays, the registry lists before the benches fresh and miscellaneous cases after notice cases.

As the counsel for deity 'Ram Lalla Virajmaan' started advancing its submissions before a five-judge Constitution bench headed by Chief Justice Ranjan Gogoi, Dhavan got up and interjected the proceedings.

"It is not possible to assist the court if it is heard on all days of the week. This is the first appeal and the hearing cannot be rushed in this manner and I am put to torture," he told the bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.

He said the apex court was hearing first appeals after the Allahabad High Court delivered the verdict in the case and the hearing as such cannot be rushed through.

Being a first appeal, documentary evidences have to be studied. Many documents are in Urdu and Sanskrit, which have to be translated, Dhavan said.

The senior lawyer alleged that "perhaps, except Justice Chandrachud, other judges might not have read the judgment (Allahabad High Court's)".

He said that if the court has taken a decision to hear the case on all five days of the week then he might have to leave the case.

"We have taken note of your submissions. We will revert back to you soon," CJI Gogoi said and proceeded with the hearing.

The bench has now started hearing the submissions of senior advocate K Parasaran on behalf of deity Ram Lalla Virajmaan.

The apex court had on Thursday asked the counsel for the deity, which itself has been made a party to the case, as to how the 'Janmasthanam' (birth place of deity) can be regarded as a "juristic person" having stakes as a litigant in the case.

The apex court had said on the third day of the hearing that so far as Hindu deities were concerned, they have been legally treated as juristic person which can hold properties and institute, defend and intervene in lawsuits.

The bench, however, had asked Parasaran as to how 'Janamsthanam' can file the case in the land dispute as a party.

The law suit filed by the deity in the Ayodhya case has also made the birth place of Lord Ram as co-petitioner and has sought claim over the entire 2.77 acre of disputed land at Ayodhya where the structure was razed on December 6, 1992.

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News Network
January 30,2020

Jan 30: BJP leader and West Bengal party head, Dilip Ghosh has yet again made a controversial statement. He said that one has to go to jail in order to gain respect or become a political leader.

"You will not be a leader if you don't go to jail, if Police don't take you, then you must go there yourself. If they don't give you any scope, you do something to go to jail, only then will people respect you. There is no place for soft people in politics," ANI quoted Ghosh as saying.

Earlier, Ghosh had triggered a controversy by saying that anti-CAA protestors in Assam and Uttar Pradesh were shot dead "like dogs", and similar punishment should be given to protestors in Bengal.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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Agencies
May 17,2020

New Delhi, May 17: Eight of the 10 most valued domestic firms suffered a combined erosion of Rs 1,37,311.31 crore in market valuation last week, with Reliance Industries (RIL) taking the biggest knock.

Only Bharti Airtel and ITC from the top-10 list managed to close the week with gains.

RIL's market cap plunged Rs 65,232.46 crore to Rs 9,24,855.56 crore.

The market valuation of HDFC Bank declined Rs 22,347.07 crore to Rs 4,87,083.88 crore and that of Hindustan Unilever Limited tanked Rs 13,192.26 crore to Rs 4,77,458.89 crore.

ICICI Bank's market cap dropped Rs 9,770.06 crore to Rs 2,08,900.79 crore.

Infosys witnessed a decline of Rs 9,518.84 crore in valuation to reach Rs 2,77,814.09 crore while that of HDFC tumbled Rs 9,370.38 crore to Rs 2,83,293.70 crore.

The m-cap of Kotak Mahindra Bank slipped by Rs 7,805.2 crore to Rs 2,25,327.22 crore.

Tata Consultancy Services' market valuation dipped Rs 75.04 crore to Rs 7,10,439 crore.

In contrast, Bharti Airtel added Rs 13,147.89 crore to its valuation to stand at Rs 3,02,292.43 crore.

ITC's valuation also rose by Rs 7,744.11 crore to Rs 2,02,330.13 crore.

In the ranking of top-10 firms, RIL retained the number one spot, followed by TCS, HDFC Bank, HUL, Airtel, HDFC, Infosys, Kotak Mahindra Bank, ICICI Bank and ITC.

During the last week, the Sensex declined 544.97 points or 1.72 per cent.

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