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Ayodhya case: Supreme Court asks Nirmohi Akhara for evidence to establish possession

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Ayodhya case: Supreme Court asks Nirmohi Akhara for evidence to establish possession

The Supreme Court Constitution Bench hearing the Ayodhya title dispute case today (Wednesday, Aug 7) asked Hindu body Nirmohi Akhara whether it has got any revenue records and oral evidence to establish its possession over the Ram Janmabhoomi-Babri Masjid disputed site in Ayodhya.

This was the second day since the five-judge bench headed by Chief Justice of India (CJI) Ranjan Gogoi, with Justices SA Bobde, DY Chandrachud, Ashok Bhushan and SA Nazeer also on the Bench, started daily hearings in the politically sensitive case after a three-member mediation panel headed by Justice (Retd.) FMI Kalifulla failed to resolve the matter.

Yesterday, the first day since the day-to-day hearing began, Nirmohi Akhara had claimed it had always been in possession of the disputed structure and no Muslims were allowed to enter the structure since 1934. Senior advocate Sushil Jain, appearing for Nirmohi Akhara said that the inner courtyard was always in possession of the Nirmohi Akhara and Sita Rasoi, Chabutra and Bhandar which were part of the outer courtyard were never a part of dispute.

Continuing the hearing today, the Bench asked Sushil Jain that since it was now dealing with the issue of possession, the Hindu body will have to “establish” its case.

“Do you have oral or documentary proof, revenue records of the possession of Ramjanmabhoomi before attachment,” the top court asked the Akhara counsel during the hearing.

“A dacoity happened in 1982 and we lost records,” the Akhara replied, reported ANI.

At this, the court told them that they were underprepared for the hearing and moved on to hear the next petitioner’s case.

“Apart from the revenue records, what are the evidence to show and how did you exercise the right of ‘shebaitship’,” the bench asked Jain and added, “you have to establish your case.”

Staring his arguments, Jain had tried to establish the fact that Nirmohi Akhara’s lawsuit seeking re-possession of the site was not barred by the law of limitation.

“The suit is covered by Article 47 of Limitation Act 1908. The property was under attachment of Magistrate under section 145 Cr PC. The limitation period starts running only after final order of the Magistrate. Since no final order was passed by the Magistrate, the cause of action was continuing and hence, no question of law suit being barred by limitation arose,” Jain said.

Also Read: Ayodhya case: Nirmohi Akhara tells SC no Muslims allowed into structure since 1932

He said that suit sought restoration of “shebait” rights for management of temple (‘Shebait’ is the custodian of the temple) and ‘Shebait’ rights include management and proprietary rights.

“When dispossession happened in 1950, Shebait rights got affected,” he said, adding that prayer for restoration of ‘shebait rights’ will be covered under recovery of possession.

“The limitation period for recovery of possession is 12 years. The dispossession happened in 1950. Suit was filed in 1959 so it is within limitation,” he told the bench.

The court is hearing 14 appeals filed 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 Ram Lalla, the Nirmohi Akhara and Sunni Waqf Board.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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