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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

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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