Ayodhya Dispute Case: SC Orders Mediation, Appoints 3-Member Panel

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Mar 8, 2019 - The Supreme Court Constitution Bench on Friday, 8 March, referred Ram Janmabhoomi-Babri Masjid land dispute case for a monitored mediation for a “permanent solution”. The apex court appointed Justice FMI Kalfullah, Sri Sri Ravi Shankar, and senior advocate Sriram Panchu as mediators.

The mediation will be held in Uttar Pradesh’s Faizabad

 

It will also be announcing whether the writ petitions filed in relation to the case, such as Subramanian Swamy’s for Hindus to be able to pray at the disputed site, will need to be heard by the current five-judge Constitution Bench or a smaller number of judges.

Will Cooperate With Mediation: Babri Masjid Action Committee

AIMPLB member and convener of Babri Masjid Action Committee Zafaryab Jilani said that he will cooperate with the mediation process.

“We have already said that we will cooperate in the mediation. Now, whatever we have to say, we will say it to the mediation panel and not outside,” said Jilani.

No Devotee of Lord Ram Wants Delay in Construction of Mandir: KP Maurya

Uttar Pradesh Deputy Chief Minister KP Maurya said that he will not question the SC order. However, he added that no devotee of Lord Ram will want delay in the construction of Ram Mandir.

“Won’t question the SC order. In the past, efforts made to arrive at a solution – but with no success. No Lord Ram devotee or saint wants delay in construction of the mandir,” said KP Maurya.

The order also said that the mediators can co-opt more on the panel if necessary and that the Uttar Pradesh government to provide mediators all the facilities in Faizabad.

“Mediators can seek further legal assistance as and when required,” the order said.

The mediators have been asked to give an interim report within four weeks and complete the process within eight weeks, the SC order added.

The Supreme Court in its order also said that the reporting of the mediation proceedings in media will be banned, and that mediation proceedings should be held on-camera.

The mediation process will be held in Uttar Pradesh’s Faizabad and will start in four weeks.

The Supreme Court Constitution Bench on Friday, 8 March, referred Ram Janmabhoomi-Babri Masjid land dispute case for a monitored mediation for a “permanent solution”. The apex court appointed Justice FMI Kalfullah, Sri Sri Ravi Shankar, and senior advocate Sriram Panchu as mediators.

The Supreme Court on Friday, 8 March, will pronounce its order on whether to send the Ram Janmabhoomi-Babri Masjid land dispute case for court-appointed and monitored mediation for a “permanent solution”.

The Supreme Court on Wednesday, 6 March, said that it would pass an order on whether the Constitution Bench will continue to hear the writ petitions in connection with the case.

This does not directly apply to the Ayodhya title dispute case.

Hindu Mahasabha advocate Varun Jain told the media that the outfit is against mediation as there an be no compromisre on Lord Ram’s land.

CJI Gogoi asks all parties to submit to the court the names of possible mediators, as the judges intend to announce their decision shortly.

SC Reserves Order

The Supreme Court on Wednesday, 6 March. reserved its order on whether to refer Ayodhya land dispute case to court-appointed mediator.

BJP leader Subramanian Swamy argues mediation is bound by certain parameters.

The Bench has clarified that media will not get to cover the mediation proceedings.

Muslim parties show willingness for mediation. Rajeev Dhavan, representing Sunni Waqf Board, says consent of all parties not required to go mediation.

Advocate Rajeev Dhavan,who is appearing for group of Muslim petitioners in the case says, "Muslim petitioners are agreeable to mediation&any compromise or settlement will bind parties."

Justice SA Bobde points out that this is pre-judging the outcome, rather than looking at the possibilities for healing and reconciliation.

According to Live Law, Bobde said that what’s done in the past cannot be undone. "We can only decide what happens in the present," he said.

Hindu parties are opposing the suggestion to mediate, saying the matter is not simply a property dispute. As a result, public may not be satisfied with the result.

SC Commences Hearing on Ayodhya CaseCJI Ranjan Gogoi clarifies that the hearing will be restricted to the limited point of whether or not the case should be referred to mediation.

SC to Decide on Court-Appointed Mediator Today

The Supreme Court is likely to pass an order on whether to refer Ayodhya land dispute case to court-appointed mediator on Tuesday, 5 March.

Subramaniam Swamy tries to intervene, and when allowed to speak, says that any compromise between the parties will have to include a right for Hindus to pray at the birthplace of Lord Ram.

CJI Gogoi notes that the proceedings can only begin after translated documents are in place over which there is no controversy. He then begins dictating his order, in which he gives the parties six weeks to examine the translations and submit any objections.

The Chief Justice also asks the parties if they will consider mediation, but because Vaidyanathan doesn’t agree, this is not included in the order. The decision to refer the case for mediation will be taken at the next hearing.

“Even if there is one percent chance for mediation between parties, we should give it an opportunity,” says Justice SA Bobde.

Dhavan points out that mediation was tried by the Allahabad High Court, but this wasn’t successful.

Justice Bobde responds that this has not been tried in the Supreme Court yet, and that the court is thinking of using mediation under Section 89 of the Code of Civil Procedure to settle the dispute between the Hindu and Muslim parties.

Rajeev Dhavan says he won’t oppose this if the judges want to try it. However, CS Vaidyanathan and senior advocate Ranjit Kumar (also appearing for one of the Hindu parties) say they don’t agree with this option.

“Mediation is not possible, not agreeable. Your Lordships may decide the matter as early as possible”, says Ranjit Kumar, according to Bar & Bench.

8-12 Weeks Requested to Review Documents

The CJI then asks Dhavan how long he needs to review the documents. Dhavan and Dushyant Dave, also representing one of the Muslim parties, say they need “8-12 weeks”.

At the outset, CJI Ranjan Gogoi asked the parties if they have all had a chance to review the official translations of documents for the case. There are several thousand pages of documents which are relevant to the case, and the Chief Justice said they did not want the parties to object to the correctness of the documents later, which would delay the hearings.

Senior advocate Rajeev Dhavan, appearing for some of the Muslim parties, argues that they had not had a chance to review all the translations. Senior advocate CS Vaidyanathan, representing Ram Lalla, objects to this, noting that there has been enough time to review the documents. He also draws attention to the court’s order of December 2017, when the court expressed hope the parties wouldn’t ask for adjournments.

Rajeev Dhavan responds by saying there had been no opportunity to review the documents since the previous hearings had dealt with the question of whether the matter should be referred to a larger bench.

CJI Gogoi: “We are not going to waste our time if disputes are going to be raised over translations of documents.”

 

The Supreme Court has begun hearing the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute matter, with the five-judge Constitution bench expected to decide on the date when the hearings will start and come up with a schedule.

Top 5 Things You Should Know About the Supreme Court Order

- The three-member mediation panel will be headed by former Supreme Court judge FM Kalifullah, with spiritual leader Sri Sri Ravi Shankar and, lawyer and mediation expert Sriram Panchu as other members.

- The panel is expected to finish the mediation process within eight weeks, from March 15 to May 15, when the country will be gearing up for the results of the Lok Sabha elections.

- The panel will have to submit the first status report on the mediation process within four weeks.

- The mediation process will be held in Uttar Pradesh’s Faizabad district where the disputed site is location. The district was recently renamed as Ayodhya.

- The media has been barred from reporting on the mediation process to maintain confidentiality.

courtesy - The Quint