Rafale case HIGHLIGHTS | Defence deals can’t be judicially examined: Centre to SC
The Supreme Court is hearing the Babri Masjid-Ram Janmabhoomi dispute and also a petition seeking a review of it earlier judgement in the Rafale purchase matter.
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The Supreme Court is hearing the decades-old Babri Masjid-Ram Janmabhoomi title dispute case on Wednesday, days after it suggested mediation as a way to resolve the politically sensitive issue.
The apex court will also begin hearing a petition seeking a review of its December 14, 2018, judgment in the Rafale jet purchase matter in the open court. At the same time, it will also take up the government’s application seeking certain corrections in the December 14 order.
Here are the highlights:
SC adjourns hearing in Rafale case to March 14
Hearing into the Rafale deal adjourned to March 14 by the Supreme Court bench .
CJI responds to Prashant Bhushan
Chief Justice Gogoi responds to Prashant Bhushan, “If we accept attorney general’s arguments, we will not look into the documents relied on by you and we will reject it. Or we will look into the papers and see how they are relevant and decide the case.”
Prashant Bhushan defends document which the AG called ‘stolen’
Petitioner Prashant Bhushan defends the use of the documents that the Attorney General called ‘stolen’; cites the case where a whistleblower gave him a diary entry of ex-CBI director Ranjit Sinha and the court didn’t ask for the source and proceeded in the matter on the basis of the diary.
Govt will produce original of documents published by Hindu tomorrow: AG
AG Venugopal says the government will produce the original copy of the documents published by the Hindu newspaper and relied on by the petitioners in the court tomorrow. Also details of the action taken by government on the stolen document will be given tomorrow, adds AG.
‘Every statement by court will be used to destabilise govt or oppn’: AG
Attorney General tells SC, “ Every statement by this Court will be used to destabilise either the government or the opposition. Why should the court become a party to such an exercise? This is why I am appealing to this Court to exercise restraint. Defence procurements can’t be judicially examined.”
‘No FIR yet into theft of documents related to Rafale deal’: AG
AG tells SC, “ FIR has not been registered so far into the theft of documents pertaining to Rafale deal”: PTI
‘Should the court not look into evidence if there is corruption’:CJI
News agency ANI quoted Chief Justice Gogoi as saying, “Primary question is that should the court not look into the evidence or the document, if there is relevance or corruption?” AG Venugopal says, “It should not be looked into as it deals with defence and secrets.”: ANI
AG tells SC source of document should be disclosed
Attorney General KK Venugopal told the Supreme Court that the source of the document should be disclosed to the court by those who published it: ANI
First squadron of Rafale jets to be delivered in September this year: AG
Attorney General Venugopal tells SC, two squadrons of Rafale fighter jets are coming in flyaway condition; first one will be in September this year, reports PTI.
Rafale fighter jets are needed: AG to Supreme Court
Rafale fighter jets are needed although MiG 21 of 1960s performed beautifully against F-16, AG tells SC : PTI .
‘Some F-16s came and bombed us. What can we do’? AG
Attorney General Venugopal says , “Some F-16s came and bombed us , what are we to do ? Can’t we enter a deal to buy planes?”
AG cites recent Indo-Pak tension to justify Rafale purchase
AG raises the recent tension between India and Pakistan to justify the purchase of Rafale jet, says we are trying to protect the security of the country.
If CBI probe ordered now, huge damage will be done: AG to SC
Attorney General KK Venugopal said that if a CBI investigation is directed now, huge damage will be done to the country : ANI
SC objects to statements by AAP MP Sanjay Singh
SC objects to certain statements made by AAP MP Sanjay Singh - also a petitioner in the case- about the apex court . CJI Gogoi says, “We have with us certain statements made by him in connection with the Rafale and CBI case which are very derogatory”; won’t hear his review petition.
Hearing resumes in Rafale case after break
SC bench reassmbles, hearing resumes in Rafale case
Hearing in Rafale case to resume at 2pm
Supreme Court rises for lunch, hearing in Rafale case to resume at 2 pm.
Scrutiny will affect future purchases: AG
Attorney General says recent incident has shown how sensitive it is so far as defence purchases are concerned. He says such a scrutiny will affect future purchases. Countries would be hesitant before entering (into a deal with India). They would say we would have to pass hurdles of parliament and TV channels and finally the court. He says prosecution would be launched against the two papers and the lawyer who has annexed it with the petition
Notes annexed in review petition privileged, can’t be taken note of: AG
AG says the notes published in a newspaper and annexed in the review petition are privileged and cannot be taken note of. He says we are dealing with defence purchases that involve security of the state
Documents relied upon by Bhushan stolen: Govt
Government takes preliminary objection to Bhushan’s review petitions, says the documents relied upon by him and others were stolen from the ministry by present or former employees. Attorney general KK Venugopal says an investigation has been ordered into the stolen papers. AG has to inform the court the progress made in the probe at 2 pm
Won’t look into affidavits not filed before it: SC
Supreme Court says it won’t look into any supplementary affidavits or other documents not filed before it : PTI
CJI refuses to accept fresh affidavit by Prashant Bhushan
Chief Justice Gogoi refuses to accept any fresh affidavit by advocate Prashant Bhushan.
SC begins hearing petition to review its order on Rafale deal
SC begins hearing petition seeking a review of its December 14, 2018, judgment in the Rafale jet purchase matter.
In case of mediation, parties can suggest names: CJI
In the event court orders for mediation, Chief Justice Gogoi says the parties can suggest names of mediators. Names to be given during the course of the day
SC reserves order on mediation
Supreme Court reserves verdict on whether the Ayodhya matter should be referred for mediation.
UP opposes mediation
Uttar Pradesh opposes mediation, says it’s for the court to decide on the legality of whether mediation can bre ordered or not. Says mediation can be ordered when it appears to court there exists an element of a settlement.. considering the facts of the case, the nature of dispute and possible fallout not be advisable or prudent to undertake this path”
‘You’re assuming this is a point of view that can’t be put forth in mediation’
Justice Bobde says: “You are assuming this is a point of view that can’t be put forth in mediation. You can always put forth this”
‘Janma sthan is a matter of faith and belief’: Lawyer for Ram Lalla
Submissions by senior advocate CS Vaidyanathan for the deity : “Statement has already been recorded that Ayodhya is Ram janmabhoomi but which is the janma sthan is a matter of faith and belief..this is a matter that is non-negotiable .. nobody can possibly agree to some other place being the janmabhoomi.. the only thing is to find an alternative place for a mosque; With regard to the temple coming up ..nobody can possibly agree to another place.”
We are open to mediation: Rajeev Dhawan, lawyer of Muslim parties
Rajeev Dhawan, lawyer for Muslim parties, says it has to bind everybody otherwise court would be ignoring the fact there is a procedure under the law. He says sentiments need not be gone into by the court. Sentiments will always be there for communities .. Sabarimala had sentiment .. there will always be some angst .. why is the court talking about angst otherwise what’s the purpose of procedure.. we are open to mediation”
Purpose of mediation is eventual compromise: Justice Chandrachud
Justice DY Chandrachud also says that the purpose of mediation is eventually there shall be a compromise .. effectively dispose of the dispute ; once suit assumes a representative character .. there can’t be any compromise to the suit.
Can a dispute of this nature be mediated?: Justice Chandrachud
Justice DY Chandrachud asks Rajeev Dhawan, appearing for Muslim parties, whether a dispute of this nature which is not just between two people but is a wider dispute between two communities, can be mediated? He says even if we go through mediation, whether it would be possible to bind millions of people to the outcome of mediation.
There can be a panel of mediators: Justice Bobde
Justice SA Bobde says, “There need not be one mediator but a panel of mediators.”: ANI
‘We also know history’: Justice Bobde
“We also know history.. we are trying to tell you we have no control over what happened in the past . Over Babar invading or who demolished .... no one can undo that ..we can only undo what exists before us in the present moment and that is the dispute:”: Justice Bobde
‘Case about hearts and minds and healing’: Justice Bobde
Justice SA Bobde told the Hindu Mahasabha lawyer : “We are conscious of the politics of this country it’s going to have an impact on . It’s about minds, hearts and healing if possible and we do not really understand how it is being rejected even before it is attempted.”
Justice Bobde snubs Hindu Mahasabha lawyer
Justice SA Bobde snubs the lawyer for Hindu Mahasabha, says, “Are you not pre -judging the whole thing.. are you not saying it’s a failure even before it’s attempted. We think that is not fair .. when the court is ordering a mediation we are not yet assuming somebody will give up something .. we think it’s not primarily a dispute over the 1500 yards of land. This is about sentiment or faith.. do not think we are not conscious of it or do you think you have more faith than us.”
Hindus not ready for mediation: Hindu Mahasabha
Hindu Mahasabha’s argument: Hindus are not ready for any mediation.. it’s a deity property and nobody has the right to mediate . For us it’s a sentimental issue.. do not refer the matter to mediation.. we are waiting for outcome of result since 1950.
SC begins hearing Ayodhya title dispute case
SC bench begins hearing in the Ayodhya title dispute case. A five judge bench headed by Chief Justice of India (CJI) Ranjan Gogoi is hearing the case.
SC to hear petition seeking review of its order on Rafale deal
The Supreme Court is also hearing today a petition seeking a review of its December 14, 2018, judgment in the Rafale jet purchase matter in the open court. At the same time, it will also take up the government’s application seeking certain corrections in the December 14 order.
Five judge bench of SC to hear Ayodhya case
A five-judge constitution bench headed by Chief Justice of India (CJI) Ranjan Gogoi, and comprising justices SA Bobde, DY Chandrachud, Ashok Bhushan and SA Nazeer, will hear the Ayodhya title dispute case.
14 cases pending before SC since 2010 in Ayodhya dispute
There are fourteen appeals pending before the top court against the 2010 Allahabad high court judgment trifurcating the disputed site at Ayodhya for Ram Lalla, Nirmohi Akhara, and the original Muslim litigant.
SC to decide on appointing a mediator in Ayodhya case today
The SC had fixed March 6 as the date for passing its order on whether to appoint a mediator and gave eight weeks’ time for verification of the translation of the documents, translations and records in the case.
Difference of opinion over mediation process in Ayodhya case
The Nirmohi Akhada and many of the Muslim litigants agreed to the mediation process. However, the Ram Janmabhoomi Nyas (RJN) and a Muslim litigant Iqbal Ansari opposed the proposal, saying such efforts have failed in the past.