New Delhi:
The Supreme Court on Wednesday said it will pass orders on whether to refer the Ram Janmabhoomi-Babri Masjid land dispute case for mediation, underlining that it has no control over what Mughal ruler Babar did and is only concerned with resolving the present situation. The top court said it thinks that primarily the issue is not about 1,500 square feet land, but about religious sentiments.
A five-Judge Constitution Bench headed by Chief Justice Ranjan Gogoi, which reserved verdict on referring the matter for mediation, said that it is conscious of the impact of the issue on "public sentiment" and on "body politic".
"Arguments on the issue of reference to mediation are closed. Arguments concluded. Orders reserved," said the bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S Abdul Nazeer.
Hindu bodies like Nirmohi Akhara suggested names of Justices (retd) Kurian Joseph, AK Patnaik and GS Singhvi as mediators, while the Hindu Mahasabha faction of Swami Chakrapani proposed the names of former CJIs Justices J S Khehar and Dipak Misra and Justice (retd) A K Patnaik to the bench.
Vadra is being probed by the Enforcement Directorate in money laundering cases related to purchase of alleged illegal assets abroad and an alleged land scam in Bikaner, Rajasthan.
Here are the LIVE updates from the hearing:
“Ordered reserved. Probably will be given this Friday. If mediation agreed then my WP (Writ Petition) may be separated and heard exclusively on my Fundamental Right. Then we shall win the case,” tweets Swamy.
‘Mediation in Ayodhya Ram Janmabhoomi-Babri Masjid land dispute case is a sterile exercise,’ says BJP leader Subramanian Swamy.
The Supreme Court asks all parties to give names of mediators, to pass order shortly.
CJI Ranjan Gogoi says, "Parties to suggest name for mediator or panel for mediators. We intend to pass the order soon."
The top court has reserved order on the issue of referring Ram Janmabhoomi-Babri Masjid title dispute case to court appointed and monitored mediation for “permanent solution”
Supreme Court reserves verdict on whether matter should be referred for mediation
Lawyer on behalf of Hindu Mahasabha- Public participation should be allowed. Public notice be issued in the matter.
Justice Bobde remarks that if the result of adjudication in a representative suit binds all parties, so will the result of mediation.
"Do you seriously think that the entire dispute for so many years is for property? We can only decide property rights but we are considering the possibility of healing relations," the bench had said on February 26.
Fourteen 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 in Ayodhya be partitioned equally among the three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
Supreme Court is considering ban on media reporting with regard to mediation proceedings. Court, however, at the same time says it may not be construed as a gag order.
"Desirability of resolution through peaceful talks is an ideal situation. But how do we go about it is the real question," says Justice Chandrachud.
Justice Chandrachud asks Rajeev Dhavan whether it would be possible to bind millions of people to the outcome of mediation.
Senior Advocate Rajeev Dhawan on behalf of Sunni Waqf Board expresses willingness for the mediation in the matter.
Senior Advocate Rajeev Dhavan advancing submissions. Detailing law relating to mediation and the nature of matters which can be send for mediation.
You are looking into outcome even before mediation is attempted. You are saying it will be a failure. This case is also about heart and mind and healing of relations, says Justice SA Bobde.
We cannot undo Babar invading etc. We can only look into the current situation, says Justice SA Bobde.
You are assuming there will be a compromise and one party will give up and one party will win. Mediation does not necessarily mean that. You are thinking about the outcome, says Justice SA Babde.
One lawyers opposes mediation saying even if parties agree, public will not agree to a compromise.
