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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]

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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India offers forensic DNA support to identify Nepal flood victims

India will make forensic laboratory facilities available for DNA profiling of first-degree relatives of people missing after Nepal’s August 26 flash floods.

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India has offered forensic laboratory support to help identify people who remain missing after the devastating flash floods in Nepal.

The Ministry of External Affairs (MEA) said central and state forensic laboratories in India will make their DNA profiling facilities available for first-degree biological relatives of people missing after the August 26 flash floods in Nepal.

DNA samples can be provided by relatives in India

According to the MEA, first-degree biological relatives living in India can have their biological samples collected and DNA profiles prepared.

The relatives can include a person’s father, mother, son, daughter or sibling. DNA profiling can be carried out at Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs), laboratories of the National Forensic Sciences University (NFSU), and NABL-accredited laboratories with DNA profiling capabilities.

The initiative is intended to support Nepal’s ongoing process of identifying mortal remains recovered after the flash floods.

DNA profiles to be compared with unidentified remains

The MEA said the DNA profiling may use Autosomal STR DNA profiling, as advised by Nepal Police, subject to the technical requirements communicated by the Nepali authorities.

Once prepared, DNA profiles and the preliminary information required by Nepalese authorities can be sent to Nepal Police by email for comparison with DNA profiles obtained from unidentified mortal remains.

The Indian Embassy in Kathmandu will also facilitate coordination, with copies of the DNA profiles to be shared with the embassy for this purpose.

Nepal flood death toll rises

The death toll from the flash floods has risen to at least 1,259, according to Nepalese authorities, after rescue workers recovered additional bodies from affected areas.

More than 12,000 people have been rescued, while around 5,000 people remain missing as search and rescue operations continue.

The flash floods, which followed an ice-rock avalanche near the Nepal-Tibet border, caused extensive destruction across towns and villages in northern and central Nepal.

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PM Modi hails ISRO after successful GSLV-F17 launch, calls it proud moment

PM Modi congratulated ISRO after GSLV-F17 successfully launched EOS-05, calling the achievement a proud moment for India.

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Prime Minister Narendra Modi on Friday congratulated the Indian Space Research Organisation (ISRO) after the successful launch of the GSLV-F17 rocket carrying the EOS-05 Earth observation satellite, describing the achievement as a proud moment for the nation.

The GSLV-F17 lifted off at 2:55 a.m. IST from the Satish Dhawan Space Centre in Sriharikota, Andhra Pradesh. The EOS-05 satellite was subsequently placed into its designated sub-geosynchronous transfer orbit.

PM Modi praises ISRO’s growing capabilities

In a post on X, PM Modi said the successful mission reflected the excellence, innovation and expanding capabilities of India’s space sector.

He also highlighted the growing partnership between ISRO and Indian industry, saying it was strengthening India’s space programme and expanding capabilities across the wider space ecosystem.

The prime minister described the successful launch of GSLV-F17 carrying EOS-05 as another outstanding achievement by ISRO and a matter of national pride.

EOS-05 strengthens earth observation capabilities

According to the report, EOS-05 is India’s first-ever imaging satellite from geosynchronous orbit. The satellite is designed to provide continuous observation of the country from an altitude of nearly 36,000 km above Earth.

The mission is expected to strengthen India’s earth observation capabilities and support advanced imaging and observation applications.

ISRO Chairman Dr V Narayanan expressed satisfaction with the mission, saying the satellite was precisely injected into its intended orbit.

Mission Director Thomas Kurian described the launch as a significant milestone for the GSLV programme. He said it was the 19th flight of the GSLV and noted that EOS-05 is the heaviest satellite the launch vehicle has placed into a geosynchronous transfer orbit or sub-GTO orbit.

GSLV-F17 launch vehicle details

The GSLV-F17 stands 51.7 metres tall and has an approximate liftoff mass of 420.5 tonnes.

Science and Technology Minister Jitendra Singh also congratulated the ISRO team following the successful mission. He described EOS-05 as a state-of-the-art Earth observation satellite capable of advanced imaging across visible, infrared, multispectral and hyperspectral bands.

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