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Ayodhya dispute: Supreme Court to decide on possibility of mediation on March 5

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Ayodhya dispute

[vc_row][vc_column][vc_column_text]Putting off regular hearing in Ayodhya case for eight weeks, the Supreme Court today (Tuesday, February 26) said it would explore the possibility of resolving the dispute through mediation one least time for “healing relations” by invoking Section 89 of the Code of Civil Procedure.

A call on whether a court-monitored mediation can be ordered is expected to be taken on March 5. The apex court said that even if one per cent chance of mediation exists in the politically sensitive land dispute matter, it should be done.

The Supreme Court’s five-judge Constitution Bench will decide upon hearing on the Babri Masjid-Ram Janmbhoomi title suit after all the parties in the long-pending dispute agree on whether or not they are willing to accept the UP government’s translated version of nearly 38000 pages of documents – originally written in five different languages – related with the land dispute.

The Bench asked the registry to provide translated copies of all documents within six weeks and said the main matter would be taken up for hearing after eight weeks. It also directed the parties to examine translated copies and raise objections, if any, within eight weeks.

The Constitution Bench headed by Chief Justice of India (CJI) Ranjan Gogoi and comprising Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S Abdul Nazeer, handed over copies of a report filed by the apex court’s secretary general and co-signed by four of its registrars detailing the status of documents, translations and records in the case.

CJI Gogoi informed counsels for all parties in the case that nearly 38000 pages of documents originally written in five different languages – English, Hindi, Urdu, Sanskrit and Gurmukhi – had to be translated. In an earlier hearing of the case on January 10, the CJI had directed the Supreme Court registry to appoint official translators for the documents and also assess how much time it would take to complete the process of translations.

On Tuesday, as the matter came up for hearing again, the CJI asked all the competing parties in the case if they were willing to accept translations of the documents that have been provided by the Uttar Pradesh government. The translations have been provided to the court by Solicitor General Tushar Mehta, appearing for the State of UP.

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The CJI made it clear that the court would not want to commence with the hearing in the case if the correctness of the translations were in dispute. “Once we start hearing we don’t want anyone disputing the correctness of translations,” he said.

Senior advocate Rajeev Dhawan, appearing for the Sunni Waqf Board, a key Muslim party in the case, informed the court that he had not examined the translated copies filed by the UP government and added that given the importance of the title suit, all aspects must be “looked into with the highest scrutiny.”

Senior advocate CS Vaidyanathan, appearing for Ram Lalla (the infant Lord Ram – also a petitioner in this case) disputed Dhawan’s contention, stating that the translations done by the UP government had been provided to all the parties in the case over a year ago and that the counsels had accepted these without any reservations back then.

Justice Bobe noted that if the translated copies given by the UP government had been accepted by all competing counsels then there was no need for the court’s registry to carry out fresh translations and regular hearing in the case may proceed at the earliest. With senior advocate Dhawan reiterating that he had not examined the translations provided by the UP government, Justice Bobde said perhaps there had been “some communication gap as the translations by the government of UP are ready but have not been checked” by Dhawan. He added that translations to be taken by the Supreme Court registry too are not yet ready for examination.

With Dhawan and Vaidyanathan disagreeing on whether translations by the UP government had been shared in advance with all parties and accepted by them, Chief Justice Gogoi said: “We are not going to waste our time if disputes are going to be raised over translations of documents.”

Justice Chandrachud then said that in the interest of expediting the proceedings, a middle ground may be explored. “If certain translated documents are acceptable, then the registry can proceed with translating only the disputed documents,” Justice Chandrachud said while asking Vaidyanathan to place on record any order or document which stated that the competing parties in the case had accepted the translations provided by the UP government without any objections.

Vaidyanathan then referred to page 12 of the top court’s 2017 order in the case, saying no objection on translation was raised back then and that “two years later they are coming up with this objection”.

Vaidyanathan and a counsel appearing for the Hindu Mahasabha reiterated that the counsels for the Muslim parties – Dhawan and senior advocate Dushyant Dave – were trying to delay the proceedings indefinitely. Vaidyanathan questioned the bona fides of Dhawan.

Dhawan retorted: “This isn’t a moment of acrimony. We are not adversarial. We are only trying to have the records presented before this Court. We want to argue the case and are prepared to do so.” Asked by the Chief Justice about how much time they would need to examine the translations, Dave replied that a time frame of 8 to 12 weeks would be required for the purpose.

Justice Chandrachud too pointed out that as of 2017, the exercise of translation of documents was incomplete and the parties had failed to reach a consensus before the Supreme Court Registrar. “It can’t be said that the parties have accepted the translated documents by default since they did not raise any objection (in 2017),” Justice Chandrachud observed.

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With the arguments heading nowhere and the commencement of regular hearing stuck on whether the voluminous translations can or cannot be agreed upon by all parties, Justice Bobde made a surprise suggestion – if another chance to should be given to resolve the decades-old dispute through mediation.

There seemed to be near unanimity among all the contesting claimants to the disputed land that mediation had already been tried and failed. While Dhawan added that his parties were willing to give mediation a try once again, he said the process can be initiated only if the Hindu parties in the case are clear on how to proceed.

Justice Bobde then remarked: “We are thinking of using Section 89 CPC for reaching a settlement between Hindu and Msulim parties,” adding that “even if there’s only a 1 per cent chance, it should be explored.”

Section 89 of the Code of Civil Procedure states:

“Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for—

(a) Arbitration;

(b) Conciliation;

  1. c) Judicial settlement including settlement through Lok Adalat; or

(d) Mediation

The Hindu parties in the case, however, made it clear that they did not favour resumption of mediation, insisting that all such efforts made in the past had failed to deliver the intended result.

Justice Bobde then said that the title suit should not be seen purely as a property dispute and that the court was trying for “healing relationships between the parties”.

Senior advocate Ranjit Kumar, appearing for another Hindu party, agreed with Vaidyanathan and told the bench that mediation attempts in the past had failed and now “everyone wants the SC to decide the dispute”.

The court then allowed BJP leader Subramanian Swamy to make a brief submission on an application he had moved in the court earlier this week seeking permission to exercise his fundamental right to practice his religion by offering prayers at the disputed Ram Janmbhoomi site.

Though Dhawan objected to Swamy’s making submissions in the case on grounds that the BJP leader was not a party in the title suit, CJI Gogoi allowed the Rajya Sabha MP to proceed with his arguments. Swamy said any compromise in the case between the Hindu and Muslim parties must include “a minimum condition that Hindus will have a right to pray where Lord Ram was born”.

With no consensus on whether the parties in the suit are willing to accept the UP government’s version of the translated documents or willing to give mediation another chance, the bench adjourned the proceedings for another 6 weeks.

“We are of the view that translated documents such as exhibits and deposition should come on record.  Parties to examine translated documents and point out objections, agreements with the translated documents within 6 weeks,” the Chief Justice said. The court will, on March 5, examine the possibility of sending the matter for mediation once again.[/vc_column_text][/vc_column][/vc_row]

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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Actor Imran Khan asked to leave India after CJP protest

Actor Imran Khan has been asked to leave India by October 28, days after participating in a protest called by the Cockroach Janta Party (CJP) in Mumbai.

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Actor Imran Khan, nephew of Bollywood star Aamir Khan, has been asked to leave India by the Mumbai Police, days after participating in a protest organised by the Cockroach Janta Party (CJP) in Mumbai.

According to the notice, the actor has been given until October 28 to leave the country. The development follows his participation in the demonstration, which brought the actor into the spotlight over his involvement in a political protest.

Imran Khan is believed to hold US citizenship and an Overseas Citizen of India (OCI) card rather than full Indian citizenship, according to the report.

What led to the notice against Imran Khan?

The notice came days after Imran Khan joined a protest called by the CJP in Mumbai. The group, described as a satirical political organisation, had called for the demonstration.

The actor’s participation was followed by action from the authorities, with the Mumbai Police directing him to leave India by the specified deadline.

The notice does not, by itself, mean that the actor has already left the country or has been deported. October 28 is the deadline mentioned for his departure.

Imran Khan and his citizenship status

Imran Khan is known for his work in Hindi films, including Jaane Tu… Ya Jaane Na and Delhi Belly. He is also the nephew of actor Aamir Khan.

The report states that Imran Khan is believed to be a US citizen and hold an OCI card. OCI status does not confer Indian citizenship, although it provides eligible foreign citizens of Indian origin with specified privileges under Indian law.

The notice directing the actor to leave India follows his participation in the Mumbai protest. The reported development has brought attention to the intersection of immigration rules and the participation of foreign nationals in political demonstrations.

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Election Commission orders voter roll revision in 17 states, UTs

The Election Commission has ordered a Special Summary Revision of electoral rolls in 17 states and Union Territories. Draft rolls are scheduled for November 12, with final rolls due on January 4, 2027.

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The Election Commission of India (ECI) has ordered a Special Summary Revision (SSR) of electoral rolls in 17 states and Union Territories, with the exercise aimed at facilitating voter registration and including eligible electors who may have been left out during the Special Intensive Revision (SIR).

The order was issued on Thursday, October 15, amid continuing political controversy over the SIR process and concerns raised by opposition parties regarding the exclusion of names from electoral rolls.

Under the announced schedule, January 1, 2027, will be the qualifying date for the revision. The draft electoral rolls are scheduled to be published on November 12, while the final rolls are due on January 4, 2027. Uttar Pradesh and Punjab, two states included in the exercise, are scheduled to go to the polls by February 2027.

Which states and Union Territories are covered?

The Special Summary Revision will cover the following 17 states and Union Territories:

  • Andaman and Nicobar Islands
  • Assam
  • Bihar
  • Chhattisgarh
  • Goa
  • Gujarat
  • Kerala
  • Lakshadweep
  • Madhya Pradesh
  • Manipur
  • Puducherry
  • Punjab
  • Rajasthan
  • Tamil Nadu
  • Uttar Pradesh
  • Uttarakhand
  • West Bengal

The Election Commission’s order follows earlier instructions issued to state election officials on September 29 to undertake a special drive to enrol eligible voters who had been left out, along with young and first-time electors.

Why has the Election Commission ordered the revision?

The announcement comes amid protests and political disagreements over the Special Intensive Revision of electoral rolls. Opposition parties have raised concerns about names being excluded during the exercise.

Another point of contention has been an additional declaration required from applicants submitting Form 6 for voter enrolment while the SIR was underway. The declaration required applicants to map their parents to the last SIR, which was conducted around 20 years ago.

The Election Commission had clarified on October 7 that the additional declaration applied only in states and Union Territories where the SIR was being conducted. It said the regular forms prescribed under the Registration of Electors Rules, 1960, would apply outside the SIR period.

The latest SSR order refers to applications for inclusion through Form 6 but does not mention the additional declaration.

What happens in states not covered by the current schedule?

The Election Commission has said that the schedule for the Special Summary Revision will be announced later in states and Union Territories where the SIR is ongoing or has recently been completed.

These include Andhra Pradesh, Arunachal Pradesh, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Haryana, Jharkhand, Karnataka, Maharashtra, Meghalaya, Mizoram, Nagaland, the National Capital Territory of Delhi, Odisha, Sikkim, Tripura and Telangana.

For Himachal Pradesh, Jammu and Kashmir, and Ladakh, where the SIR has not yet started, the schedule for electoral roll revision will be announced in due course, taking local weather conditions into account.

The Election Commission’s latest order sets out a separate timeline for the 17 states and Union Territories covered by the current SSR exercise, while leaving the schedules for the other regions to be announced later.

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