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

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6 years ago

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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]

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Election Results 2024: Trends show BJP crossing an easy majority in Haryana, Congress-NC comfortable in Jammu & Kashmir

For the Union Territory, the Congress and National Conference ahead with 50 seats, while BJP on 28, Others – 10, as per Election Commission of India data.

Published

59 mins ago

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October 8, 2024

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The counting of votes in Haryana and Jammu and Kashmir kicked off on Tuesday, with trends showing BJP is leading on most of the seats of 90 members in state, while Congress and National Conference alliance is set to form the government in the Union Territory.

In a dramatic turnaround in Haryana, the BJP has surged ahead to lead in 49 seats in the state, overturning the early lead that the Congress had. In this election, the Congress relied heavily on the support of the Jat community, especially due to their discontent with the BJP over the farmers’ agitation and the wrestlers’ protest.

Meanwhile, Congress filed a complaint to ECI, claiming between 9 and 11 am there has been an ‘unexplained slowdown’ in updating Haryana results on the poll body’s website.

Congress MP Jairam Ramesh on Tuesday alleged that pressure was being exerted on local administration and that the results for 10-12 rounds have come, but the update on ECI website and (TV) channels is only for four-five rounds.

“We are submitting a memorandum in the next five-six minutes. We hope ECI answers our questions. The results for 10-12 rounds have come, but the update on ECI website and (TV) channels is only for four-five rounds. This is a way to keep pressure on the administration. This happened in the Lok Sabha polls too, and we had gone to the ECI and it took action,” the Congress leader said.

“Like the Lok Sabha results, the election trends in Haryana are also being deliberately shared slowly on the Election Commission’s website. Is the BJP trying to put pressure on the administration?”, Ramesh said in a post on X.

Reacting to the statement, BJP spokesperson Sudhanshu Trivedi said, “If Jairam Ramesh is pointing fingers at Election Commission, then we should understand that they have accepted their defeat. As per the trends, I feel we are moving towards an important victory and Congress has started taking precautionary measures for their future defeat.”  

Congress MP Kumari Selja said,” Congress will make the government. Rounds of counting of votes are underway. to BJP, I would like to say that everyone should have patience. I can’t understand why the data is coming so slowly. It wasn’t so in Lok Sabha elections. As per the ground reports, it is a close contest.”

For the Union Territory, the Congress and National Conference ahead with 50 seats, while BJP on 28, Others – 10, as per Election Commission of India data.

Speaking to reporters on J&K result trends, former Deputy CM and BJP leader Kavinder Gupta said, ” BJP is not far behind. We had told that we will win 35 seats and we are reaching nearby towards the last round, we will achieve our target. We can only say something once the result comes but it has to be accepted that currently they (NC-Congress) are leading and if they win, they will form the government.”

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Election Results 2024 Live: Congress leads in Haryana, NC-Congress in Jammu and Kashmir

Haryana: Now, the BJP leads in 46 seats in Haryana, with Congress a close second at 41 seats.

Published

5 hours ago

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October 8, 2024

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The counting of votes for Assembly elections in Haryana, Jammu, and Kashmir kicked off on October 8. The Congress has crossed the halfway mark in the State as well as in the Union Territory, as per the early trends. If these numbers hold true, the BJP will suffer a significant setback in both states, particularly in Haryana where it has been in power for the last 10 years.

Jammu and Kashmir: Congress-NC alliance leads in 44 seats

In Jammu & Kashmir, Congress and National Conference alliance is leading in 44 seats while the BJP is leading in 26 seats. Mehbooba Mufti’s PDP, which formed the government in 2014, is leading in just three seats.

Haryana: Official Election Commission trends coming in for 60 of the 90 Assembly seats

BJP is leading on 30, while Congress on 28, INLD on 1, and Independent candidate on 1.

Haryana: Now, the BJP leads in 46 seats in Haryana, with Congress a close second at 41 seats.

J&K: Trends from the counting of votes show former deputy CM and Cong candidate Tara Chand trailing Independent Satish Sharma in Chhamb.

Jammu and Kashmir BJP chief Ravinder Raina trailing in Nowshera constituency, NC’S Surinder Kumar leading by 2,797 votes, as per the Election Commission.

Haryana Congress chief Udai Bhan leads from Hodal

Haryana Congress chief Udai Bhan is leading by 637 votes against BJP’s Harinder Singh from Hodal constituency.

According to early trends, Former Haryana Chief Minister Bhupinder Singh Hooda is leading from the Garhi Sampla seat.

According to early trends by ECI show that the BJP has crossed the halfway mark in Haryana, with leads in 46 seats against Congress’s 38.

Jammu and Kashmir: National Conference-Congress ahead in the UT

The alliance in Jammu and Kashmir was ahead in 49 seats as vote count is currently underway, as per ECI.

Haryana: Congress leader and former Chief Minister Bhupinder Singh Hooda speaks on the early trends.

“I am going to the counting station (centre) at the moment. Will talk afterwards,” said senior Congress leader and former Haryana CM Bhupinder Singh Hooda.

Congress MP Kumari Selja said, “As the counting progresses, the Congress party will form the government and we will win more than sixty assembly seats.”

As per the latest Elections Commission updates, BJP crosses the majority mark in Haryana, leading on 46, while Congress leads on 33, INLD and BSP on 1 each.

“These are early (trends). At one point, you will see Congress gaining (votes) greatly. I would say that Congress will form the government with an overwhelming majority. It’s just the third or fourth round, 10 (rounds) more to go,” said Congress leader Kumari Selja.

Speaking to reporters, former CM Bhupinder Singh Hooda said that he was confident in his party winning the Assembly polls in the state, despite the BJP crossing the halfway mark as per the early trends. He further said that the Congress will form the government in the state with a majority and added the Chief Ministerial face will be decided by the party’s top brass.

“Credit goes to the party, Rahul Gandhi, Mallikarjun Kharge, all party leaders and people of Haryana,” Hooda added.

As per the official trends released by the Election Commission of India, Congress candidate Vinesh Phogat is trailing from Julana seat.

Former Deputy CM and JJP candidate Dushyant Chautala is trailing on 6th position, in Uchana Kalan after round 4/16 of counting, as per latest EC data.

Jammu and Kashmir: Omar Abdullah leads in both seats

Jammu and Kashmir National Conference vice president Omar Abdullah continues to lead in both seats – Budgam and Ganderbal, as per official EC trends.

On Haryana and Jammu and Kashmir early trends, senior Congress leader and former Rajasthan Chief Minister Ashok Gehlot said, “Their (BJP) position has become very weak… Congress government will be formed at both the places (J&K and Haryana).”

BJP leads on 49 seats in Haryana, Congress on 33

The BJP continues to lead in Haryana and crossed the halfway mark in 90-member Assembly. The BJP is leading in 49 seats, while the Congress party is leading in 33 seats.

“I am confident that Congress government will be formed. The figures haven’t been updated on EC website for quite some time,” said Congress leader Supriya Shrinate.

Congress MP Shashi Tharoor speaks on Haryana, Jammu and Kashmir election trends

“We have to wait and see. We shouldn’t make a premature conclusion right now. At the moment, they (BJP) seem to be leading in a majority of the seats (in Haryana) which is a genuine surprise. Certainly, the whole exit poll industry must be in a deep disgrace. Honestly, let us wait for the final results. My own feeling is that the signs in Haryana are not what we were expecting and are better than what INDIA block was expecting in Jammu & Kashmir,” Tharoor told reporters.

BJP leader Anil Vij sang ‘Main zindagi ka saath nibhata chala gaya’ during his interaction with supporters in Ambala amid trends showing his party leading in Haryana.

Haryana BJP leader Vipul Goel is leading in Faridabad seat, while Congress leader Lakhan Kumar Singla trailing after 6/18 rounds of counting, as per the latest EC data.   

Criticising the outdated and misleading trends on the ECI website, the Congress leader, in a post on X, said, “Like the Lok Sabha elections, in Haryana we are again witnessing slowing down of uploading up-to-date trends on the ECI website. Is the BJP trying to build pressure on the administration by sharing outdated and misleading trends @ECISVEEP?”

In a close contest, Congress candidate Vinesh Phogat is leading from Julana constituency, by a margin of 5909 votes, after round 14/15 of counting, as per the latest EC data.

The Haryana BJP workers were celebrating at the party office in Ambala, as the party is leading on 51 of the 90 seats.

Jammu and Kashmir National Conference president Farooq Abdullah meets party workers at his residence in Srinagar

NC president Farooq Abdullah met party workers at his residence in Srinagar, as the National Conference-Congress alliance is likely to form government in Jammu and Kashmir with poll trends showing the combine ahead in 51 of the 90 seats while the BJP was leading in 28.

National Conference leader Tanvir Sadiq was officially declared as a winner from the Zadibal Assembly constituency.

NC vice president and former CM Omar Abdullah secures unassailable lead in Jammu and Kashmir’s Budgam.

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Zomato delivery boy killed in hit-and-run accident in South West Delhi

DCP (South West) Surendra Choudhary said that the deceased has been identified as Harendra, a resident of RK Puram.

Published

19 hours ago

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October 7, 2024

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Zomato delivery boy killed in hit-and-run accident in South West Delhi

In an unfortunate incident, a 27-year-old Zomato delivery man was killed after being hit by an unknown vehicle while crossing the road in South West Delhi. After the accident, the vehicle fled the scene, which occurred on Monday at around 2:45 a.m. 

DCP (South West) Surendra Choudhary said that the deceased has been identified as Harendra, a resident of RK Puram. The Zomato delivery was rushed to Safdarjung Hospital but was declared dead on arrival. Reportedly, he is survived by his wife and their 6-month-old son.

Following the incident, Kishangarh police station received a PCR call reporting an accident on the Outer Ring Road, under the footbridge near the DDA Flats gate in Munirka. When the police reached the scene, they found that the victim, who was crossing the road, had been hit by an unknown vehicle that had fled. Despite being taken to the hospital, he was declared dead on arrival. The victim was employed as a delivery boy with Zomato.

A preliminary inquiry led to the identification of the offending vehicle by the police. Reportedly, a case has been registered under Section 281 (1) and Section 106 (1) of the Bharatiya Nyaya Sanhita (BNS). Currently, the post-mortem of the deceased is underway.

DCP (South West) Surendra Choudhary said that Harendra is survived by wife and their six-month old son. Choudhary added that the victim’s father is working in DDA as a fourth grade employee. The DGP further asserted that the team has identified the offending vehicle and that the accused will be nabbed soon. 

Earlier in August, a cycle rider died on the spot when a speeding Mercedes hit him from behind and fled. The incident took place in Delhi’s Ashram area. The victim was identified as Rajesh. His body was found on the side of the road and his cycle was flung about 150 metres ahead. Later, the Delhi police had seized the vehicle and the accused has been detained.

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