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Ayodhya case: Decision on scheduling hearing put off to Jan 29 after judge recuses from Bench

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Ayodhya temple

Hearing of the eagerly awaited, politically sensitive Ram JanmabhoomiBabri Masjid land title dispute in the Supreme Court was today (Thursday, Jan 10) put off till Jan 29 after Justice Uday U Lalit recused himself from the case for previously being a lawyer in a related case.

The court will now constitute a new bench for deciding the schedule of hearing the case on January 29.

Chief Justice of India (CJI) Ranjan Gogoi had set up a Constitution bench comprising himself and Justices SA Bobde, NV Ramana, UU Lalit, DY Chandrachud to decide the date when they will begin hearing the 14 appeals in the case.

However, Justice UU Lalit recused himself from the case after senior advocate Rajeev Dhavan, appearing for the Muslim side pointed out that he had once appeared as a lawyer for former Uttar Pradesh chief minister Kalyan Singh in another case related to the land dispute in 1994. Though Dhavan said he was not seeking Justice Lalit’s recusal, the judge opted out of the hearing in the matter.

The constitution bench will now have to be reconstituted when the matter comes up for hearing next on January 29.

As soon as the bench assembled this morning to hear the Ayodhya matter, the CJI clarified that the case had been listed on the day not for arguments but only to decide the schedule for the commencement of the proceedings.

On Tuesday, in a surprise move, CJI Ranjan Gogoi had formed a five-judge Constitution Bench, headed by him, to hear the case. Using his discretionary powers to list the matter before a Constitution Bench without a fresh reference being made in the case for such a request, the CJI had indicated that, although, his predecessor had declared that the case will be treated purely as a title dispute, the top court may now also be open to larger questions of constitutional relevance involved in the case.

When the matter was last taken up on January 4, there was no indication that the case would be referred to a Constitution bench as the apex court had simply said further orders in the matter would be passed on January 10 by “the appropriate bench, as may be constituted”.

Days before he demitted office, then Chief Justice Dipak Misra had, in September, while pronouncing a verdict in the Ismail Faruqui reference, said that the Ayodhya matter did not need to be heard by a bench of a larger composition than three judges. The verdict had also upheld a controversial observation in the Ismail Faruqui case of mid-1990s, which was linked with the main matter of the Ayodhya title suit, that stated “a mosque is not integral to Islam” and hence was not a perquisite for offering namaz.

The bench headed by Chief Justice Misra had then said that the hearing in the Ayodhya matter could resume from October 29 (by when Justice Gogoi would be elevated to the top post of the apex court). However, upon assuming office, Chief Justice Gogoi had earlier put off the hearing in the case till January this year, declaring that an “appropriate bench” would be constituted for adjudicating proceedings in the matter.

On Thursday, senior advocate Dhavan, appearing for the Muslim petitioners in the case, objected to the CJI’s decision of forming a Constitution Bench to hear the suit without any fresh reference being made for the purpose. However, the Bench, in unison, rejected Dhavan’s contention stating that the CJI had used his discretion and was permitted to do so as per the Supreme Court Rules.

The bench also overruled Dhavan’s claim that the Chief Justice had, in forming a Constitution Bench in the case, gone against an earlier verdict in the matter that said a three-judge bench was competent to adjudicate the pleas.

Dhavan also pointed out that the verdict in the title suit, delivered by the Allahabad High Court, runs into over 4300 pages and a large number of documents related to the case still need to be translated and circulated to all parties and their lawyers.

The bench then directed the Supreme Court registry to appoint official translators for the documents and also assess how much time it would take to complete the process of translations. The translations have to be made into English and Hindi from documents that are written in Arabic, Sanskrit and Gurmukhi, aside from some other vernacular languages.

The apex court said in its order that 113 issues are likely to be perused during the hearing. It also noted that 88 witnesses were examined and their statements recorded when the matter was before the Allahabad high court. It said the deposition of the witnesses runs into 2,886 pages and 257 documents were exhibited.

The apex court noted that the high court judgement itself is 4,304 pages; along with additional annexures it runs into 8,000 pages.

Fourteen appeals against the September 30, 2010 decision of the Allahabad High Court — which accepted that the disputed site was birthplace of Lord Ram and ordered a three-way division of the disputed 2.77 acres, giving a third each to the Nirmohi Akhara sect, the Sunni Central Wakf Board, UP, and Ramlalla Virajman — have been pending since December of that year.

Right-wing organisations, including the RSS, have been demanding an early decision on the dispute. Demands seeking an ordinance for construction of a Ram temple have also gained momentum.

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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