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Supreme Court reserves order on going for court-monitored mediation in Ayodhya dispute

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Ayodhya dispute

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Justices SA Bobde and DY Chandrachud differ in open court on whether mediation outcome will be binding on the community at large

The Supreme Court tiday (Wednesday, March 6) reserved its order on whether the politically-sensitive Ram Janmabhoomi-Babri Masjid title dispute land dispute can be settled through  court-monitored mediation.

A five-judge Constitution Bench headed by Chief Justice Ranjan Gogoi and also comprising Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S Abdul Nazeer heard submissions from various Hindu and Muslim bodies involved in the matter.

The Bench had, on February 26, indicated its desire for sending the dispute for court-monitored mediation.

The Bench said the case was not only about property but also about sentiment and faith. “It is not only about property. It is about mind, heart and healing, if possible,” it added.  “We are not concerned about what Mughal ruler Babar had done and what happened after. We can go into what exists in the present moment,” the Bench said.

The top court had asked the contesting parties to explore the possibility of amicably settling the decades-old dispute through mediation, saying it may help in “healing relations.”

As many as 14 appeals have been filed in the top 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.

The highlight of today’s proceedings, however, was the gentle sparring between Justices Bobde and Chandrachud who clearly appeared divided on whether an outcome achieved through mediation will be binding on the communities (Hindu and Muslim) at large or just to the petitioners in the case.

As the proceedings commenced, counsel for some of the Hindu parties in the case submitted before the Bench that there was “no question of a compromise” through a mediation process and any outcome of such an effort will not be agreeable to the public at large. They added that even if the court was desirous of sending the Babri Masjid-Ram Janmabhoomi title suit into mediation once again, a public notice to the effect will first need to be issued inviting views.

Justice Bobde, who during the last hearing in the case had surprised all parties in the suit by suggesting a renewed effort for arbitration, stood his ground and said “it is not fair to pre-judge the issue and say mediation will be a failure even before it begins… This is a dispute about sentiments, about faith.”

Reiterating his earlier stance that the court views the suit as a way of “healing relationships” and “not just a property dispute”, Justice Bobde said: “It is about mind, heart and healing relationships. We are also conscious of gravity of the issue and its impact on the body politic. Don’t think you (counsels objecting to the mediation process) have more faith than us.”

Senior advocate Rajeev Dhavan, appearing for one of the key Muslim petitioners in the case, informed the court that he was open to a court-monitored mediation and added that “consent of all parties isn’t a requirement to order mediation.” Dhavan added that “only arbitration and not any other alternate dispute resolution needs consent”.

Justice Bobde reiterated that if the court does indeed invoke Section 89 of the Code of Civil Procedure to order mediation, “maintaining confidentiality of the process would be very important.” He then wondered what the court would be bound to do “if someone who the parties have spoken to leaks it (details of the mediation) out.”

Indicating that the media will be barred from reporting on the mediation process if the court orders such an effort, Justice Bobde asked: “How can we stop the media from reporting about it”, to which Dhavan replied: “there can be a specific order to this effect.”

Justice Bobde reiterated that “confidentiality is essential” and “it is necessary that it is not written about in the media while it is in process.”

As remarks by Justice Bobde and submissions of senior advocate Dhavan gave an impression that the court was inclined towards sending the suit for mediation, Justice Chandrachud pointed out that the case 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… Desirability of resolution through peaceful talks is an ideal situation. But, how do we go about it is the real question,” Justice Chandrachud remarked.

The clear dissent from Justice Chandrachud triggered Justice Bobde into offering a long rebuttal. “If a counsel represents a community or a group and accepts for mediation, there cannot be an argument that it (the outcome) will not bind everyone. If it is good for one, it has to be good for another,” Justice Bobde said.

Asserting that if mediation results in a decree then such an order will be legally binding, Justice Bobde added: “Decree passed subsequent to a compromise (mediation) and decree passed subsequent to court proceedings is not different and it has the same effect in law.”

Senior counsel Dhavan then interjected to submit that “there will always be some amount of angst in the people whenever a case like this is decided”, while asking Justice Chandrachud, “why is the court worried about the angst?”

Dhavan then cited the top court’s landmark verdict that quashed the centuries-old ban on entry of women aged between 10 and 50 years into Kerala’s Sabarimala temple – a verdict that was delivered by a bench of which Justice Chandrachud was a part. “Religious sentiments were involved in that case too but the Supreme Court still passed an order,” Dhavan pointed out.

Senior advocate CS Vaidyanathan, appearing for the infant Lord Ram (Ram Lalla Virajman), a petitioner in the case, told the court that while it was accepted that Ayodhya is the Ram Janmabhoomi, “which is the exact Ram Janmasthan (birthplace) is up to belief and faith and there cannot be any negotiation on that.”

Vaidyanathan reiterated his opposition to mediation while senior advocate Ranjit Kumar, appearing for another Hindu party, joined in and added that the definition of a decree (arrived after mediation) suggests that “it will be binding only on the parties.” Vaidyanathan also told the court that the issue of construction of a Ram Temple at the disputed site is non-negotiable since “it is an issue of faith for the Hindus and we are even willing to crowd fund for construction of a mosque somewhere else.”

Chief Justice Ranjan Gogoi then responded to the submission saying: “you are suggesting that the result of mediation might be stillborn.”

The proceedings also saw a minor verbal duel between Solicitor General Tushar Mehta and Dhavan. As Mehta began his submissions, opposing an order favouring mediation, the Chief Justice asked him who he was appearing for.

When Mehta responded that he was appearing for the State of Uttar Pradesh, Dhavan said he is opposed to the Solicitor General’s submissions on behalf of the Uttar Pradesh government since the counsel for the State of UP had earlier told the Allahabad High Court that they are not an interested party in the case.

The court later reserved its verdict on whether to send the suit for court-ordered mediation on not.[/vc_column_text][/vc_column][/vc_row]

India News

Sunita Kejriwal, Atishi meet Arvind Kejriwal in Tihar jail, discuss Delhi governance

AAP had earlier accused the Tihar jail administration of cancelling Sunita Kejriwal’s meeting with Arvind Kejriwal.

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Delhi Chief Minister’s wife Sunita Kejriwal and AAP minister Atishi met Arvind Kejriwal in the Tihar Jail today. After their meeting, both dicussed the specifics of their meeting with CM. They said that the jailed CM was asking about the Delhi governance matter.

Kejriwal is expected to see Punjab Chief Minister Bhagwan Mann tomorrow.

Atishi, who is in charge of six departments in the Delhi Cabinet, said, she visited with the Chief Minister. When she asked how he was doing, he skipped answering her, rather he asked how the work is going in Delhi. He said, not to ask about his condition. During their meet, the Delhhi CM also asked about the school kids that are they getting books? Does Mohalla Clinic have access to medications? Atishi continued.

The Chief Minister said that as summer is approaching, Delhi shouldn’t have any water-related issues. He sent a message to the women of Delhi, saying he is planning to give them Rs 1000.

The Aam Aadmi Party had earlier claimed that Kejriwal’s wife, Sunita Kejriwal, was not allowed to see him. However, in a statement, Delhi minister Atishi said that Sunita Kejriwal will see her husband later on in the day and that two people were granted permission, but Sunita ji’s was cancelled. Athishi said, every day, new laws are enacted, she did not have permission, but when their lawyers won this legal battle, she was permitted to see Kejriwal.

AAP’s campaign for the Lok Sabha in the national capital and other states will be led by Mrs. Kejriwal, the party said. The campaign kicked off with a roadshow to support AAP’s candidate for East Delhi, Kuldeep Kumar. This is the first time that Mrs. Kejriwal has entered the political sphere actively.

Party leader Sanjay Singh asserted last week that Atishi’s name was added to the list of visitors for Mr. Kejriwal following the name of Delhi Health Minister Saurabh Bharadwaj.

Meanwhile, in the Delhi Liquor Policy case, Arvind Kejriwal was taken into custody in March. On March 21, the Enforcement Directorate (ED) detained him in connection with a money laundering case. In the same case, Manish Sisodia, his former deputy, is jailed.

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India News

FIR filed against YouTube channel in Punjab for defaming AAP MP Raghav Chadha

The case was filed on the complaint of the son of an AAP candidate from the Ludhiana Lok Sabha seat.

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A First Information Report (FIR) has been filed by Punjab Police against a YouTube channel for allegedly linking Aam Aadmi Party (AAP) MP Raghav Chadha to wanted man Vijay Mallya.

The AAP candidate for the Ludhiana Lok Sabha constituency, Ashok Pappi Prashar’s son, Vikas Prashar, filed a formal complaint against the YouTube station Capital TV. The complainant held the channel accountable for airing misleading and defamatory content.

The statements/contents of false videos on Capital TV channel and others shall harm the public peace and harmony…and is likely to promote enmity between different groups in the country on grounds of religion, caste, race and community, the complaint said.

In his complaint, Vikas allegedly claimed that the YouTube channel was disseminating misleading information and that it was defaming Raghav Chadha by equating him with Mallya.

Vijay Mallya fled to the UK after taking public money, and similarly, a Rajya Sabha member left for England, claiming it was for eye treatment, according to the FIR, which noted claims made by the YouTube channel.

The AAP leader will reportedly get a vitrectomy in the UK to save the retina from detaching from the eye earlier. According to the research, this disorder, which is characterized by the formation of tiny holes in the retina, is very dangerous for vision and must be treated immediately to prevent irreversible damage.

The channel referred to Chadha as a Khalistani supporter following his encounter with UK MP Preet Gill, according to the complaint.

Section 153A of the Indian Penal Code (IPC) deals with inciting religious hatred among various groups, Section 469 deals with forgeries, and Section 505 deals with making statements that could incite public disturbances.

The FIR also contains Section 66 of the Information Technology Act, which addresses offenses involving computers.

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India News

Security forces arrest 14 Pakistani nationals with around 86 kg of drugs, worth Rs 600 crore near Gujarat Coast

The Indian Coast Guard took to X and wrote in a breathtaking overnight operation, Indian Coast Guard undertook an intelligence-based anti-narcotics operation at sea on 28 Apr 24. About 86 kg of narcotics which is worth Rs 600 crore has been apprehended along with the arrest of 14 Pakistani nationals.

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The Indian Coast Guard on Sunday announced the interception of a Pakistani vessel laden with 86 kg of narcotics valued at Rs 600 crore. Acting on intelligence, a joint operation involving the Indian Coast Guard, the Anti-terrorism Squad (ATS), and the Narcotics Control Bureau (NCB) was launched to combat drug trafficking in the area.

The operation was carried out by the agencies based on intelligence inputs received in the last few days. The Indian Coast Guard took to X and wrote in a breathtaking overnight operation, Indian Coast Guard undertook an intelligence-based anti-narcotics operation at sea on 28 Apr 24.

About 86 kg of narcotics which is worth Rs 600 crore has been apprehended along with the arrest of 14 Pakistani nationals. The operation was an epitome of inter-agency coordination wherein the Indian Coast Guard Anti-terrorism Squad and Narcotics Control Bureau  collaborated seamlessly which resulted in the successful operation.

The ships and aircraft of the Indian Coast Guard had been deployed on concurrent missions to carry out the operation. ICG ship Rajratan, which had Narcitics Control Bureau and Anti Terrorist Squad officials embarked, positively identified the suspect boat.

No amount of evasive maneuvering tactics and resistance employed by the drug laden Pakistani boat could save it from the swift and strong action of ICG ship Rajratan. This operation took place on the basis of a tip-off by the Indian Coast Guard, Narcotics Control Bureau and Gujarat Anti-Terrorist Squad in the Arabian Sea near the International Maritime Boundary Line.

The operation was the 2nd major anti-narcotics operation carried out by the security forces in the Arabian Sea in 1 month. Earlier on February 26, 5 foreign nationals were held off the Porbandar coast with 3,300 kg of narcotics, including charas. Recently a boat carrying 60 packets of drugs was seized and 6 Pakistani crew members onboard the vessel were arrested off the Gujarat coast in a multi-agency operation in March.

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