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Published 07:47 IST, January 10th 2019

All eyes on Supreme Court as 5-judge Constitution bench takes up Ayodhya Ram Janmabhoomi-Babri Masjid case: LIVE Updates and all you need to know here

All eyes will be on the Supreme Court on Thursday with a 5-judge Constitution bench set to take up the politically sensitive Ayodhya Ram Janmabhoomi-Babri Masjid title suit

Reported by: Ankit Prasad
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11:33 IST, January 10th 2019

All eyes will be on the Supreme Court on Thursday with a 5-judge Constitution bench set to take up the politically sensitive Ayodhya Ram Janmabhoomi-Babri Masjid title suit. 

The apex court's decision that the appropriate bench to hear the case comprises CJI Ranjan Gogoi, as well as Justices S A Bobde, N V Ramana, U U Lalit and D Y Chandrachud who are each sequentially in line to be Chief Justice after him, is being viewed as an intriguing development by many, seeing as how on October 29 the court had said that the matter wasn't then a priority for it - something that the RSS later said it felt 'hurt' by. Now, however, legal experts feel that the court may be looking into the matter as more than just a dispute over land.

A three-judge bench of the Supreme Court had in September 27 last year, by 2:1 majority, refused to refer to a five-judge constitution bench for reconsideration of the observations in its 1994 judgment that a mosque was not integral to Islam. The matter had arisen during the hearing of the Ayodhya land dispute.

As a result of the above developments, there had been a strong case made for the government to bring in an ordinance to build the Ram Mandir, with BJP MP Dr Subramanian Swamy pitching this as recently as Wednesday.

As many as 14 appeals have been filed in the apex court against the 2010 Allahabad High Court judgment, delivered in four civil suits, that the 2.77-acre land be partitioned equally among the three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

The ordinance call was hardly limited to Dr Swamy - a number of pro-Mandir groups as well as the Shiv Sena have been highly-vocal in the matter, beseeching the Prime Minister to take the legislative route in ensuring that a grand Ram Mandir is built at the Ram Janmabhoomi site, where the Archaeological Survey of India (ASI) determined that a massive Hindu temple-like complex had stood before the Babri Masjid was built in medieval times and later destroyed on December 6, 1992.

ACCESSED: Narasimha Rao-led Congress Government Resolved To Build Ram Mandir In Ayodhya If Evidence Of Pre-Babri Hindu Temple Was Found. Read Affidavit To SC Here

However, the government has made clear that it will let the Supreme Court take a lead in the matter. In his Jan 1 interview to ANI, the Prime Minister had said so in as many words and had reassured that his government would take whatever effort is required subsequent to the court's verdict in order to fulfill its 2014 election manifesto promise regarding building the Mandir.

The Prime Minister's statement was welcomed by the RSS, which only sought to put a deadline on the start of construction, holding that it should begin within the current government's tenure. Speaking at the Republic Summit, BJP party president Amit Shah had also endorsed the primacy of the top court's say in the matter and had opined that if heard day-to-day, a verdict could be forthcoming within ten days. Accordingly, one of the biggest questions on Thursday is whether the Supreme Court will expedite its hearing or hold it day-to-day.

Non-committal on the topic has been the Congress party which hasn't yet taken an official position regarding the Mandir, though its senior leaders have repeatedly spoken out against the Mandir being built at the Ram Janmabhoomi site, with Shashi Tharoor holding that the people should "build the mandir in their hearts" and Mani Shankar Aiyar questioning the need to build the Mandir at the exact spot where the Babri Masjid once stood by saying, "Dashrath's palace was so big it is said to have had 10,000 rooms. How can you say where someone was born?" In December 2017, Kapil Sibal, while representing one of the petitioners in the Ayodhya case, had told the Supreme Court to hear the matter after the 2019 elections. This was criticised by the BJP as recently as the Prime Minister's Jan 1 interview. 

READ | Did Mani Shankar Aiyar Just Say Congress Ke 'Mann Ki Baat'?

11:33 IST, January 10th 2019

Update at 9:07 AM

Indresh Kumar of the RSS says:

Supreme Court is the highest court of the country. The bench that has been constituted comprises the most qualified judges. Everyone wants for the bench to give a verdict as soon as possible. We also pray that a time comes when the entire nation wins and nobody loses as this case isn't one of conflict between religion or parties.

11:33 IST, January 10th 2019

Update at 10:05 AM:

Massive security measures taken by the Supreme Court ahead of the hearing. 

Several Delhi police officials and other security forces present inside court premises. 

Strict checking of persons entering the courtroom. No unauthorised person allowed to attend the hearing. 

Bundles and bundles of files on the Ayodhya dispute brought into the courtroom - placed before the 5-judge bench.

11:33 IST, January 10th 2019

Update at 10:36 AM:

5-Judge Constitution bench assembles.

CJI says: Today is not for hearing. Today is only to work out the date and schedule.

11:33 IST, January 10th 2019

Update at 10:38 AM

Rajeev Dhawan states Justice UU Lalit had at one point been a lawyer in the Kalyan Singh case. He’s been associated with the case before. He says he has no objection to him being on the bench but wanted to bring it to the notice of the bench

11:33 IST, January 10th 2019

Update at 10:40 AM

Harish Salve, representing plaintiff Ram Lalla, replies to Rajeev Dhawan's submission:

Salve says, "Justice UU Lalit on the bench doesn’t impact the case because the case going on regarding Kalyan Singh was a criminal case regarding the Babri demolition and not on the merits of the Allahabad HC order."

11:33 IST, January 10th 2019

BREAKING AT 10:43 AM

Justice UU Lalit recuses himself from hearing the case

11:33 IST, January 10th 2019

Update at 10:47 AM

CJI Ranjan Gogoi says: Rajeev Dhawan has brought to our notice that Justice Lalit had appeared in a criminal case regarding the same issue on 1997. Although he has raised no objection, the final decision rests with the judge.

11:33 IST, January 10th 2019

Update at 10:48 AM

CJI says decision to set up a 5-judge bench was taken on an administrative side under the powers of the CJI

11:33 IST, January 10th 2019

Update at 10:49 AM

CJI says: A total of 88 witnesses have been examined. Documents run up to 13886 pages.

Adds: Allahabad HC judgment runs into 4304 pages. Documents lying in 15 sealed trunks

11:33 IST, January 10th 2019

BREAKING at 10:52 AM

Ayodhya case to be taken up on January 29 for further orders

Supreme Court registry asked to submit a report on by when all the documents can be translated and the filings can be complete to begin hearing the case.

Proceedings in the case conclude for the day.

 

Updated 11:33 IST, January 10th 2019

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