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Why the ‘sterile exercise of mediation’ in Ayodhya title suit in SC should hamper the ‘Fundamental Rights of worship’?

Supreme Court is setting new delay of Mediation over Ayodhya Ram Janmabhoomi-Babri Masjid land suit.

Ayodhya land dispute: Supreme Court reserves order on mediation amidst strong protest by majority Hindu parties in the case.

Supreme Court’s proposed mediation for Ayodhya matter is nothing but a sterile exercise: Dr Subramanian Swamy.

Upananda Brahmachari | HENB | New Delhi | March 6, 2019:: As expected, Supreme Court has set new delay of Mediation over Ayodhya Ram Janmabhoomi-Babri Masjid land suit, helping the Congressi demand to postpone the Ayodhya hearing after the Loksabha Election, 2019 completes.

The Supreme Court on Wednesday reserved its order on whether the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute can be settled through mediation+.

A five-judge constitution bench headed by Chief Justice Ranjan Gogoi said the case was not only about property but also about sentiment and faith.

The bench also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer heard submissions from various Hindu and Muslim bodies involved in the matter.

“It is not only about property. It is about mind, heart and healing, if possible,” the bench also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer said.

“We are not concerned about what Babur had done and what happened after. We can go into what exists in the present moment,” the bench said.

The apex court is considering whether the dispute can be settled through mediation.

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”.

Fourteen appeals have been filed in the apex 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.

In the course of hearing, Senior counsel for the Muslim Parties, Adv Rajeev Dhavan said they were agreeable to the “very important suggestion” of mediation but said the court should fix a time frame for mediation as the dispute was a “knotty issue”.

During today’s  hearing, Vishnu Jain appearing for Hindu Mahasabha told the apex court that no mediation can be possible  as  the land is actually owned by Ramlala Virajman and in case of any forced mediation, public notice must be issued.

Expressing Hindu negation for such ‘ever futile’ effort for ‘Court Monitored Mediation’ under Section 89 of the Code of Civil Procedure, Senior Counsel for Hindu Parties and Ram Lala Virajman, Advocate C S Vaidyanathan, said they did not agree for “another round of mediation” as such attempts have failed in the past.

Dr Subramanian Swamy, the eminent Hindutva proponent and BJP MP in Rajyasabha who is fighting in the trail of current Ayodhya suit in Supreme Court told, “My case of Ayodhya Ramlala Mandir in SC is related to the fundamental rights of Hindus, overpowering the claimed property rights of Sunni Wakf Board & others.”

In a press brief after today’s hearing is over in SC Dr Swamy told, “Whereas Ram Janmabhoomi where Ram was born is according to faith in only one place and that (believing according to faith and worshiping in that place) is a fundamental right. So, the only scope is left that the Muslim Parties go somewhere else and take compensation for that land. Otherwise, this battle (in Supreme Court) may take another 20 years. Govt is willing to give compensation to both parties viz. Ram Janmabhoomi Nyas Samiti and the Sunni Waqf Board. Give them adequate compensation and hand over the land to either the Ram Janmabhoomi Nyas Samiti itself or (govt may think it proper to construct the temple)…… Justice Bobde correctly observed that this is an issue of faith (relating) crores and crores of people….. We have already tried for many mediation. Now it will be a total sterile exercise, as all the parameters have been fixed. Point 1: The land belongs to Govt. Even anybody win the title suit will not get the land, they utmost get the compensation for that land. No. 2 The Narasimha Rao Govt already committed that the land will be given to Hindus if there is a pre-existed temple. Yes, (it is proved that) there is a per-existing temple and No 3. The Supreme Court Constitution Bench has said that the masjid can be shifted anywhere and not an essential part of Islam. Where as a Mandir is built on Pranapratistha,  puja can only be where it was built and it always a temple. So on these three conditions, all that is left for the Govt of India to hand over the land to Ram Janmabhoomi Nyas Samiti.”

Now, it is very much clear that Supreme Court has set a new delay of Mediation over Ayodhya Ram Janmabhoomi-Babri Masjid land suit. The order of Mediation is likely to be pronounced on Friday next. Don’t know whether the constitution bench for Ayodhya matter has any time to ponder over the issue as ”Why the ‘sterile exercise of mediation’ in Ayodhya title suit in SC should hamper the ‘Fundamental Rights of worship’ of Hindus”?

___Inputs from BAR & BENCH, ANI, PTI, CNN NEWS 18 & KANAK NEWS.

 

 

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