English हिन्दी
Connect with us

India News

Ayodhya dispute: Supreme Court sends matter for in-camera mediation by 3-member panel

Published

on

Ayodhya dispute

[vc_row][vc_column][vc_column_text]The Supreme Court today (Friday, March 8) sent the sensitive, decades-old Babri MasjidRam Janmabhoomi title suit for court-monitored, in-camera mediation which has to be completed within eight weeks.

A five-judge Constitution Bench, headed by Chief Justice of India (CJI) Ranjan Gogoi and also comprising of Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S Abdul Nazeer, set up a three-member panel for conducting the mediation.

The panel of mediators consists of Justice (retired) FMI Kalifulla, Art of Living Founder Sri Sri Ravi Shankar and Madras-based senior advocate Sriram Panchu.

The court ordered that the mediation process, to begin in a week, will take place in Faizabad. It will be kept confidential and media has been barred from reporting on its proceedings.

The panel will file the first status report within four weeks and the entire process must be concluded within eight weeks.

The court said the Ayodhya dispute mediators could co-opt more on the panel if necessary and take whatever legal assistance required for them.

The Uttar Pradesh government would provide the mediators with all the necessary facilities in Faizabad. The mediation would be held in-camera.

The court proceedings in the title suit, if still required, will commence only after the mediation process concludes.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1552107217886{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #dbdbdb !important;border-radius: 10px !important;}”]Members of the mediation panel

Justice FM Kalifulla, 68, is the son of Late Justice M Fakkir Mohamed, who started his career as an advocate in August 1975. He was also an active labour law practitioner. In 2000, Justice Kalifulla was appointed as a permanent Judge of the Madras High Court.

Justice Kalifulla was elevated as a judge of the Supreme Court on April 2, 2012. He had retired from the Supreme Court in July 2016,

Sri Sri Ravi Shankar, 62, is a spiritual guru, who has been leading a worldwide movement for a violence-free society. Sri Sri had been advocating for a constructive dialogue between the opposing parties on Ram Mandir issue.

Sriram Panchu, 69, is a senior advocate and one of the country’s foremost legal minds on mediation. Founder of The Mediation Chambers, he had set up India’s first court-annexed mediation centre in 2005, and has played a key role in making mediation a part of India’s legal system. Panchu has written two books on mediation. The top court had referred to him as an “eminent trainer” and “one of the foremost mediators in the country”.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]It may be recalled that the Constitution Bench had, on March 6, reserved its judgment on whether or not it would send the long-pending title suit for mediation. The surprise suggestion of the top court to give mediation one last chance had come during proceedings in the title suit on February 26 when Chief Justice Ranjan Gogoi and Justice SA Bobde had told counsel for the main petitioners in the case that they were thinking of invoking Section 89 of the Code of Civil Procedure to help resolve the sensitive land dispute through talks between the warring claimants.

The court has held that there was no “legal impediment” to sending the Ayodhya dispute for mediation. It cited Order 23 Rule 3 of the Civil Procedure Code for attempting to arrive at a ‘compromise decree’ in the long-pending civil dispute for the title of the disputed area where the Babri Masjid once stood before it’s demolition by kar sevaks in 1992.

According to the provision, if the parties reach an agreement, the Supreme Court can order such a settlement to be recorded and pass a decree accepting the resolution among the parties.

The Bench had pushed “negotiated compromise” as a means to heal hearts and minds. It has said the dispute was a festering wound which has touched the religious sentiments of the Hindu and Muslim communities for decades.

Justice SA Bobde, on the Bench, had put matters in perspective by observing that the court was only concerned about the present state of the Babri-Masjid-Ramjanmabhoomi case and not the past history of “Mughal invasion and conquests of Babur”.

“Primarily this is not about the 1500 sq ft of disputed land, but about religious sentiments. We know its impact on public sentiment, on body politic. We are looking at minds, hearts and healing if possible,” Justice Bobde had observed.

Most Hindu parties in the case as well as the Government of Uttar Pradesh had opposed the suggestion of sending the case for mediation.

The Hindu appellants have said their faith that Lord Ram was born in the disputed land was non-negotiable. They had even suggested that the court should issue a public notice on whether or not to send the dispute for mediation.

“The faith that Lord Ram was born there is not negotiable. But we are willing to crowd-fund a mosque somewhere else,” senior advocate CS Vaidyanathan, for Ram Lalla, the deity, had submitted.

Solicitor General Tushar Mehta for the Uttar Pradesh government had also submitted that the path of mediation was both “imprudent and inadvisable”.

The counsel for the Muslim petitioners and the Nirmohi Akhara had informed the bench that they were willing for a renewed mediation effort if the court ordered one.

Reactions

Shortly after the Supreme Court pronounced its verdict, on Friday, Justice Kalifulla told mediapersons: “I understand the Supreme Court has appointed a mediation committee headed by me. I am yet to receive the order copy. We’ll make every effort to resolve the issue amicably.”

Ravi Shankar reacted to the development through a post on Twitter which read: “Respecting everyone, turning dreams to reality, ending long-standing conflicts happily and maintaining harmony in society – we must all move together towards these goals.” The self-styled spiritual leader’s nomination to the panel of mediators has, however, not gone down too well with some of the Muslim stakeholders in the dispute owing to his earlier utterances on the title suit.

Asaduddin Owaisi, Hyderabad MP and member of the All India Muslim Personal Law board which is a party in the title suit, told reporters: “Sri Sri Ravi Shankar who has been appointed a mediator had earlier made a statement saying ‘if Muslims don’t give up their claim on Ayodhya, India will become Syria’… It would have been better if the Supreme Court had appointed a neutral person.”

Convener of the Babri Masjid Action Committee and advocate, Zafaryab Jilani welcomed the court’s order and said: “We will cooperate in the mediation process. Now, whatever we have to say, we will say it to the mediation panel, not outside.”

The BJP, for which construction of the Ram Mandir at the site where its followers demolished the Babri Masjid has been a long-pending poll promise, has reiterated its hope that a temple dedicated to the infant Lord Ram (Ram Lalla Virajman, also a petitioner in the title suit) will be built in due course at the disputed site.

Uttar Pradesh deputy chief minister Keshav Prasad Maurya said that though he does not wish to question the Supreme Court’s order, “in the past, efforts made to arrive at a solution (through mediation) had not been successful”. He added: “No devotee of Lord Ram wants construction of the Ram Mandir to be delayed.”

Union minister Uma Bharati, still an accused in the 26-year-old Babri Masjid demolition case which has been pending adjudication at the trial stage, told reporters: “I don’t want to comment on the Supreme Court order. I don’t want to comment on the mediators named by the court. But, as a Hindu, I think, a temple should be made where Lord Ram was born.”

Earlier attempts at mediation

Four earlier attempts to find a solution to the dispute through mediation had failed.

The first was in the 1990s when talks between Vishwa Hindu Parishad and Babri Masjid Action Committee broke down at a crucial stage.

The second and most significant effort for a negotiated settlement was made by the Kanchi Shankaracharya in 2003. However, it broke down after his July 1, 2003, letter to the All India Muslim Personal Law Board which said, “Kashi, Mathura and Ayodhya, all three belong to Hindus and keeping in mind the larger interest of the country and communal harmony, if not today, but at some time or other, these places have to be given to the Hindus. The Muslims have to mentally prepare themselves for this.”

The third attempt fizzled out soon after then CJI JS Khehar in March 2017 suggested that he or another SC judge would be more than willing to become the mediator to bring the warring sides to the negotiating table.

The fourth attempt, in the later half of 2017, by spiritual leader Sri Sri Ravi Shankar and Shia Wakf Board chairman Waseem Rizvi too failed to yield any result.[/vc_column_text][/vc_column][/vc_row]

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

Published

on

The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

Continue Reading

India News

International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

Published

on

International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

Continue Reading

India News

Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

Published

on

Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com