Supreme Court is hearing whether mediation is required to resolve the Ayodhya land dispute case.
The Supreme Court on Wednesday reserved its order on whether the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute can be adjudicated through mediation.On February 26, the top had said it would pass an order today on whether to refer the matter to a court-appointed mediator.
A five-judge Constitution Bench headed by Chief Justice Ranjan Gogoi asked the contesting parties to explore the possibility of amicably settling the decades old dispute through mediation, saying it may help in "healing relations".
Mediation will further push back any possibility of an early beginning of the construction of the Ram temple, which the right-wing groups have been eager about in view of the coming national elections. There have also been calls to bypass the judicial process through an ordinance of executive order by the government.
Supreme Court asks parties to submit names of persons who can mediate in Ayodhya title dispute by today.
Uttar Pradesh government represented by Tushar Mehta opposes mediation in Ayodhya land dispute and says, "Considering the nature of the case, a fall out not advisable."
Supreme Court reserves order on court-monitored mediation in Ayodhya land dispute case.
Justice Chandrachud: Adjudication has a binding character. In mediation, whom do we bind?
Justice Bobde: When a party is the representative of a community, whether it is a court proceeding in a representative suit or a mediation, it should be binding.
"How do we blind millions of people by way of mediation": DY Chandrachud
Justice DY Chandrachud says, "Whether the mediation is binding, You can't underscore the validity of a mediated settlement."
He also points out it is not just a dispute between parties but a dispute involving two communities. "How do we bind millions of people by way of mediation. It won't be that simple," says the judge.
- Justice Bobde says "Confidentially should not beached by parties. It shouldn't be commented in media. While the process is on it shouldn't be reported."
- Rajeev Dhavan agreeing to it says," if someone reports than it amounts to contempt."
Rajeev Dhavan arguing for Muslim parties says:
- Who should be the arbitrator is up to the court.
- Mediation must be held in camera.
Justice SA Bobde in his response to Hindu petitioners lawyer says:
- "We cannot undo who invades, what Babar may have done, who was king at the time, whether there was a mosque or temple?
- "You are saying it will be a failure. Don't pre judge. We are trying to mediate. We think it is not an issue of land but sentiments and faith."
- "We are conscious of the impact of body politics of the country. It is about mind, hearts and healing."
- "We are trying to tell you we have no control what happened in the past. We can do only what exists at present - the dispute."
The Hindu Mahasabha in the hearing has said:
- Mediation is a futile exercise. Let the court decide.
- Public will not agree for mediation
A crucial hearing in the Ram Janambhoomi-Babri Masjid land dispute case has begun in the Supreme Court today. The top court will decide whether the politically sensitive Ayodhya land dispute case can be adjudicated through mediation.