SC to pass order on whether to refer Ayodhya land dispute for mediation Tomorrow
New Delhi, Mar 7: The Supreme Court is scheduled Friday to pronounce whether to refer Ayodhya's Ram Janmabhoomi-Babri Masjid land dispute case to mediation for amicable settlement.
A five-judge Constitution Bench headed by Chief Justice Ranjan Gogoi on Wednesday had reserved the order after hearing various contesting parties.
Hindu bodies except Nirmohi Akhara have opposed the suggestion of the apex court to refer the issue for mediation, while Muslim bodies have supported it.
The bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer, had concluded the hearing by asking stakeholders to give the names of possible mediators.
Hindu bodies like Nirmohi Akhara suggested the 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
The apex court in its Wednesday hearing had observed that primarily the issue is not about 1,500 square feet land, but about religious sentiments.
The bench had said it was conscious of the gravity and impact of the issue on "public sentiment" and also on "body politics of the country".
It has also said that the judges were aware of the history and was seeing that the dispute be resolved amicably as "It is not only about property. It is about mind, heart and healing, if possible."
The bench had also said it was not appropriate to pre-judge that the mediation would fail and people would not agree with the decision.
"We are conscious about the gravity of the issue and we are also conscious about its impact on body politic of the country. We understand how it goes and are looking at minds, hearts and healing if possible," the bench said.
When a lawyer contended about the injustices meted out to the Hindus by invaders in the past, the bench said, "We are not concerned what has happened in the past. Don't you think we have read the history. We are not concerned what Babar did in the past or who was the king and who invaded. We cannot undo what has happened but we can go into what exists in the present moment".
Senior advocate Rajeev Dhavan, appearing for the legal heirs of original litigant M Siddiq, said that outlining of the dispute is not necessary and court can order mediation by an mediator, when parties are unable to settle it.
To this, the bench said that there may not be one mediator but a panel of mediators to deal with the issue.
The bench had agreed with the contention of Dhavan that confidentiality of proceedings should be maintained and said it thinks there has to be complete ban on media reporting on the developments of mediation process.
"It is not something like gag order but there should be no reporting. It is easy to attribute something to somebody when the mediation process is on," the bench had said.
During the hearing, Justice Chandrachud said that considering it is not just a property dispute between the parties but a dispute involving two communities, it would be very difficult to bind millions of people by way of mediation.
Two faction of Hindu Mahasabha took opposite stand on the issue of mediation with one body supporting it, the other opposing it.
BJP leader Subramanian Swamy had told the bench that the government has the right to give away land to whomsoever it wants after paying compensation to the others.
"P V Narasimha Rao government had in 1994 made commitment to apex court that if ever any evidence was found that there was a temple, land will be given for temple construction," Swamy had submitted.
Senior advocate C S Vaidyanathan, appearing for Hindu deity Ram Lalla Virajman had said the faith that Lord Rama was born in Ayodhya is not negotiable but the question is of Rama Janamsthan (birth place).
"We are even willing to crowdfund a mosque somewhere else but no negotiations can take place with respect of Lord Rama's birthplace. Mediation won't serve any purpose," he said.
Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, had said the court should refer the matter for mediation only when there exists an element of settlement.
He said considering the nature of the dispute it will not be prudent and advisable to take this path of mediation.
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.
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Rally against "vote chori" to protect every citizen's right, says D K Shivakumar
New Delhi/ Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar asserted that the Congress party's rally against alleged 'vote chori' (vote theft) in New Delhi is to protect every citizen's right to vote.
Accusing BJP government at the Centre of restricting vehicles with Congress workers from entering Delhi to participate in the party's mega rally, Shivakumar, who is also the Karnataka Congress chief, said that about 3,500-4,000 party leaders and workers have come from the state to participate in the rally.
Congress is holding a mega rally at Ramlila Maidan in Delhi on Sunday, against the alleged "vote chori" (vote theft).
"We (state Congress) have made accommodation for 1,500 people (party workers and leaders), more than 2,000 people have made their own arrangements. They have come by flight and train. About 3,500-4,000 people have come. About 1.42 crore signatures have been gathered from the state (as part of its signature campaign)," Shivakumar said.
Speaking to reporters in New Delhi, he said, there is a lot of enthusiasm among party workers and leaders, and they are committed to saving the Congress party in the state and the country, and protecting the citizens' right to vote.
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"As per the information that I have received this morning, the BJP and the central government are stopping vehicles (with Congress workers) from coming to Delhi, they are apparently not allowing vehicles to enter the city. I don't know why they are doing this. I don't know why the BJP and the central government are so worried. But no one can stop our voice," he added.
Further stating that Congress is fighting on behalf of the people of the country to protect their right to vote, the Deputy CM said, there is no politics in it. He said, all the leaders will be leaving for the protest venue from the Congress office in Delhi.
Reacting to a question on Union Home Minister Amit Shah reportedly terming Congress party's rally as an "act of frustration" due to electoral losses, and similar criticism from other BJP leaders, he said, he doesn't want to react to anyone from the saffron party.
"Let them say anything for their enjoyment. We, the Congressmen, won't think about electoral victories and losses. We think about the sacrifice made by our elders during the freedom struggle, to give democracy and a constitution to the country. Sonia Gandhi sacrificed power (PM post) and gave it to an economist like Manmohan Singh. Indira Gandhi and Rajiv Gandhi sacrificed their lives for this country," he said.
Jawaharlal Nehru and Mahatma Gandhi went to jail for the sake of this country, he further pointed out, adding that, "A hundred years ago, Gandhi took over the leadership of the freedom struggle; today in these difficult times, Mallikarjun Kharge has taken the responsibility as the Congress President."
Shivakumar, responding to a question, said, Chief Minister Siddaramaiah will also be attending the rally. "Both of us will go together (to the venue) from the Indira Gandhi Bhavan (in Delhi)."
He, however, did not wish to comment on any meeting with the Congress high command, including Soina Gandhi, on the issue of leadership change in Karnataka. Meanwhile, slogans calling Shivakumar the "next CM" were raised by his supporters as the Deputy CM left the Karnataka Bhavan.
