BackSC reserves order on referring Ayodhya case for mediation
Apex court has asked all concerned parties to give names of possible mediators in the title dispute caseSC earlier asked the contesting parties to explore possibility of settling the dispute through mediation
PremiumThe Supreme Court on Wednesday reserved its order on whether the Ram Janmabhoomi-Babri Masjid land dispute case should be referred for mediation.
It had asked all the concerned parties on Tuesday to suggest names of possible mediators in the case.
During the course of the hearing on Wednesday, the apex court said it was aware of the gravity of the case and the outcome of mediation on the body politic of the country.
“It is not only about property. It is about mind, heart and healing, if possible. We are not concerned about what Mughal ruler Babur had done, and what happened after. We can go into what exists in the present moment," said the five-judge Constitution bench headed by Chief Justice Ranjan Gogoi, and comprising Justices S.A. Bobde, D.Y. Chandrachud, Ashok Bhushan and S.A. Nazeer.
The development is significant as it comes just weeks ahead of national elections due by May. It is a key political issue, particularly in Uttar Pradesh, which accounts for 80 Lok Sabha seats. The ruling Bharatiya Janata Party (BJP) in its 2014 manifesto promised to “explore all possibilities within the framework of the Constitution to facilitate the construction of the Ram Temple in Ayodhya".
However, mediation may not be an option, with Hindu religious bodies involved in the dispute, barring the Nirmohi Akhara, opposing the court’s suggestion. Muslim bodies have, however, come out in support of mediation, with the caveat that the proceedings should be in camera, and that these should not be revealed till the final report is submitted.
Solicitor general Tushar Mehta, who represented the Uttar Pradesh government, said the case should be referred for mediation only if there existed an element of settlement. He added that considering the nature of the dispute, it will not be advisable to take the path of mediation.
Senior advocate C.S. Vaidyanathan, appearing for Ram Lalla, the deity, told the bench that mediation has not yielded results in the past despite repeated attempts. He said there was no dispute that Lord Ram was born in Ayodhya—the only dispute was about the janmasthan or exact birthplace in Ayodhya. He said the issue of janmasthan cannot be mediated.
The Supreme Court earlier asked the contesting parties to explore the possibility of settling the dispute amicably through mediation saying it would help in healing relations between Hindus and Muslims.
“Muslim petitioners are agreeable to mediation and any compromise or settlement will bind parties. The bench should frame terms for mediation," said advocate Rajeev Dhavan, who was appearing for a group of Muslim petitioners.
Fourteen appeals have so far been filed in the apex court against the 2010 Allahabad high court judgement, which had said that the 2.77-acre land in Ayodhya should be equally partitioned among the three parties—the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
gyan.v@livemint.com
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