Bar & Bench News Network
In a precedent setting decision, the Supreme Court, yesterday decided to defer the Ayodhya verdict by a week. The next date of hearing will be on September 28, the coming Tuesday. In the mean time the apex court has also directed the Allahabad High Court to not pass any directions or orders pertaining to the case.
The Indian Express details what went on within the walls of the apex court.The SC bench consisting of Justices R.V. Raveendran and H.L. Gokhale passed this surprising order based on an appeal file by retired bureaucrat Ramesh Chand Tripathi who said that there is a chance of an out of court settlement. While Justice Raveendran was strongly opposed to the deferment terming the plea as a publicity stunt, Justice Gokhale took a more liberal view and said, “If there is one per cent chance, you have to give it (for settlement)".
Senior Counsel, Mukul Rohatgi arguing on behalf of Tripathi argued in favour of the deferment saying, “We only want deferment for some time to enable the parties to try for a negotiated settlement. It is not the case only concerning the 28 parties to the dispute, it transcends much beyond that and affects the entire nation. The Supreme Court’s words will certainly have a soothing effect.”
IBNlive reports that even though the decision was deferred citing hope for reconciliation, the lawyers for the main opposing parties have given statements that are contrary.
Ram Janambhoomi Punaruddhar Samiti lawyer Ranjana Agnihotri called the court's stay order as "disheartening". “We were ready for the judgement, whichever way it went. I think some politicians did not want this judgement to come out. This has hurt us. This is a very disheartening judgement. All parties were ready for whatever judgement would be coming," said Ranjana.
Sunni Central Waqf Board lawyer said there is no hope for reconciliation in the matter. "If they want to wait for the verdict for some more days, that's fine with us. I am not all disappointed. I have been arguing in this court for 24 years. We are hoping that matter comes up on 28th. There is no hope for reconciliation," said Sunni Central Waqf Board counsel Zafaryab Jilani.
One of the arguments against the deferment was the impending retirement of Justice D.V. Sharma who is on the 3 member bench at the Allahabad High Court who is due to retire on October 1. Justice Gokhale though brushed aside the argument and said there are enough constitutional safeguards to take care of such eventualities.
The Hindustan Times reports that legal experts said there are options within the legal framework to retain one of the retiring judges in the three judge bench. They said if the Supreme Court interim stay stands beyond September 28, there is a constitutional provision to retain the judge, D. V. Sharma who retires this month-end by appointing him as an ad hoc judge till he signs the judgement.
In order to avoid dissenting opinion in future, the SC is expected to appoint a larger bench to avoid a similar situation. Senior Counsel, K.K. Venugopal has said, "There are all likelihood that the CJI will constitute a three-member bench to avoid the situation like today when there was a split of opinion between the two judges. The three judges will decide the issue on Tuesday giving sufficient time to the High Court to deliver the verdict before the retirement of one of its judges."
Till then all eyes will be on the apex court’s next step.
|
- 1. "i m wait 28 sept. Who win and loss. I think ram mandir is win.". Shanidubey*jamua .u.p., .bhadohi.u.p.
- 2. "I Think Ramji will win but sometime i have doubt in India Democracy. If Ramji will looser here than we all Bharatiya will go to hell. No justice will there to give their judgement coz Ayodha is a great part of India.". Ram, (Unknown City)
- 3. "The court must order to make a hospital instead to make a temple or a musjid. ". Nitin, Mumbai
- 4. "i guess issues like this lies entirely in the hand of judiciary, and no more wait and watch theory is appreciated.". Pallavi, Allahabad
- 5. "Let the affected Locals of Ayodhya take a call.". Bankim, Bombay
- 6. "it should be declared as a public place, to make some park or any thing in public favour". Shruti, Bangalore
- 7. "70% of the population of india belongs to the youth,this is the message from the Youth Of India for u all wise/great/experienced people.. WE DONT WANT A TEMPLE, WE DONT WANT A MOSQUE --- ALL We WANT IS PEACE & HARMONY --- ". Aman Motwani, (Unknown City)
- 8. "It should be in favour of hindus only.Otherwise this will never ending story.". Deepak, (Unknown City?)
Related Stories
- Ayodhya Verdict: SC rejects deferment plea; Allahabad HC to go ahead and pronounce verdict
- Ayodhya: Allahabad High Court's verdict expected any time; Summary of the case so far
- SC stays Allahabad High Court Ayodhya verdict – says HC engineered Partition on its own
- Foreign Law Firm Case adjourned to September 22 for final hearing and disposal; BCI files its Counter Affidavit
- Amarchand benefits from pre-September deadline rush on offer documents
- Justice Kapadia joins Justices Raveendran and Katju; Recuses from hearing Sterlite matter
- CJI Balakrishnan hospitalized; RIL-RNRL hearing postponed
Other News
- Linklaters Managing Associate Pranav Sharma to rejoin Amarchand Mangaldas as Partner
- Re-Upped Round up May 17
- Recruitment Tracker: Luthra top recruiter followed by Amarchand and AZB for NALSAR Class of 2012
- Siddharth Wahi joins JSA as Of Counsel; Former Baker Mckenzie SA to focus on Energy Sector
- Re-Upped Round up May 16
- Bombay HC taking proactive steps to fight pendency; Special committee to examine pending civil suits for speedy disposal
- CLAT Booze Bills: NUJS defies providing information under RTI Act
The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (2)










