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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

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

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

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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.

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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.

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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.

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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.

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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.

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