In a significant move, a Constitution Bench of the Supreme Court today referred the Ayodhya dispute for mediation..The Bench invoked Section 89 of the Code of Civil Procedure (CPC) to do so while also taking into consideration the objections raised by the parties on the strength of Order I rule 8 (sub-rule 2, 3 and 4) of the CPC and Order XXIII rule 3-B of the CPC . It then held that there is no legal impediment in referring the matter for mediation..“Considering the provisions of the CPC, indicated above, we do not find any legal impediment to making a reference to mediation for a possible settlement of the dispute(s) arising out of the appeals.”.The mediation panel will be chaired by former Supreme Court judge Justice FMI Kalifulla, and will also comprise spiritualist Sri Sri Ravi Shankar, and Senior Advocate Sriram Panchu..The Court further ordered that the mediation proceedings shall be kept confidential, and there ought not to be any reporting of the said proceedings either in the print or in the electronic media..“We are also of the view that the mediation proceedings should be conducted with utmost confidentiality so as to ensure its success which can only be safeguarded by directing that the proceedings of mediation and the views expressed therein by any of the parties including the learned Mediators shall be kept confidential and shall not be revealed to any other person.”.The mediators shall be empowered to pass specific written orders in this regard to restrain publication of details of mediation proceedings..“We are of the further opinion that while the mediation proceedings are being carried out, there ought not to be any reporting of the said proceedings either in the print or in the electronic media. However, we refrain from passing any specific order at this stage and instead empower the learned mediators to pass necessary orders in writing, if so required, to restrain publication of the details of the mediation proceedings.”.The mediation will be held in Faizabad, Uttar Pradesh and the State government has been directed to make arrangements so that the mediation can commence immediately..“We are of the further view that to ensure success of the mediation proceedings the same should be held in Faizabad (Uttar Pradesh) and adequate arrangements in this regard including the venue of the mediation, place of stay of the learned Mediators, their security, travel, etc. should be forthwith arranged by the State Government so that the mediation proceedings can commence immediately which we expect to so commence within a week from today.”.Mediation will be held in camera and mediators are free to take legal assistance as they may feel necessary..“We further direct that the mediation proceedings be held in camera as per the norms applicable to conduct of mediation proceedings. The Mediators may take such legal assistance as they may feel necessary at any stage of the mediation proceedings.”.The Court has also requested the mediators to complete the mediation process “during the period of interregnum” indicated in the order of February 26..This ‘interregnum period’ is an 8-week-long period which the court had allowed for the parties to go through the translation of oral and documentary evidence and confirm its correctness..A status report regarding the progress of the mediation is required to be submitted within four weeks..“The panel of learned Mediators is requested to ensure completion of the process during the period of the interregnum indicated above and send a report of the progress of the mediation to this Court within four weeks of the commencement of the process.”.The order was passed by a Constitution Bench of Chief Justice of India Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan, and S Abdul Nazeer..During the course of the hearings, the Court had urged the parties to explore the possibility of Court-monitored mediation to solve the dispute. This suggestion, while accepted by the Muslim parties, was not agreeable to the Hindu side..On March 6, the Court pressed for mediation when the All India Hindu Mahasabha submitted that this was a representative suit and was not merely a title dispute. It was submitted that the outcome of mediation may not be binding on the general public..Ram Mandir-Babri Masjid: Supreme Court reserves order on referring matter to Mediation.The Court highlighted that it was aware of the gravity of the issue as well as the effect any decision on the subject would have on the public. Nevertheless, Justice Bobde said that while the history cannot be undone, the dispute can be dealt with through mediation..It was argued by one of the Hindu parties that in this matter of religious sentiment which affected a large number of people, there was no possibility of negotiation. The Court countered this by saying that the option cannot be ruled out without even giving it a try..While reserving the order in the case, the Court directed the parties to submit names of their preferred mediators, should the Court decide in favour of sending the dispute for mediation..Read the order below..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
In a significant move, a Constitution Bench of the Supreme Court today referred the Ayodhya dispute for mediation..The Bench invoked Section 89 of the Code of Civil Procedure (CPC) to do so while also taking into consideration the objections raised by the parties on the strength of Order I rule 8 (sub-rule 2, 3 and 4) of the CPC and Order XXIII rule 3-B of the CPC . It then held that there is no legal impediment in referring the matter for mediation..“Considering the provisions of the CPC, indicated above, we do not find any legal impediment to making a reference to mediation for a possible settlement of the dispute(s) arising out of the appeals.”.The mediation panel will be chaired by former Supreme Court judge Justice FMI Kalifulla, and will also comprise spiritualist Sri Sri Ravi Shankar, and Senior Advocate Sriram Panchu..The Court further ordered that the mediation proceedings shall be kept confidential, and there ought not to be any reporting of the said proceedings either in the print or in the electronic media..“We are also of the view that the mediation proceedings should be conducted with utmost confidentiality so as to ensure its success which can only be safeguarded by directing that the proceedings of mediation and the views expressed therein by any of the parties including the learned Mediators shall be kept confidential and shall not be revealed to any other person.”.The mediators shall be empowered to pass specific written orders in this regard to restrain publication of details of mediation proceedings..“We are of the further opinion that while the mediation proceedings are being carried out, there ought not to be any reporting of the said proceedings either in the print or in the electronic media. However, we refrain from passing any specific order at this stage and instead empower the learned mediators to pass necessary orders in writing, if so required, to restrain publication of the details of the mediation proceedings.”.The mediation will be held in Faizabad, Uttar Pradesh and the State government has been directed to make arrangements so that the mediation can commence immediately..“We are of the further view that to ensure success of the mediation proceedings the same should be held in Faizabad (Uttar Pradesh) and adequate arrangements in this regard including the venue of the mediation, place of stay of the learned Mediators, their security, travel, etc. should be forthwith arranged by the State Government so that the mediation proceedings can commence immediately which we expect to so commence within a week from today.”.Mediation will be held in camera and mediators are free to take legal assistance as they may feel necessary..“We further direct that the mediation proceedings be held in camera as per the norms applicable to conduct of mediation proceedings. The Mediators may take such legal assistance as they may feel necessary at any stage of the mediation proceedings.”.The Court has also requested the mediators to complete the mediation process “during the period of interregnum” indicated in the order of February 26..This ‘interregnum period’ is an 8-week-long period which the court had allowed for the parties to go through the translation of oral and documentary evidence and confirm its correctness..A status report regarding the progress of the mediation is required to be submitted within four weeks..“The panel of learned Mediators is requested to ensure completion of the process during the period of the interregnum indicated above and send a report of the progress of the mediation to this Court within four weeks of the commencement of the process.”.The order was passed by a Constitution Bench of Chief Justice of India Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan, and S Abdul Nazeer..During the course of the hearings, the Court had urged the parties to explore the possibility of Court-monitored mediation to solve the dispute. This suggestion, while accepted by the Muslim parties, was not agreeable to the Hindu side..On March 6, the Court pressed for mediation when the All India Hindu Mahasabha submitted that this was a representative suit and was not merely a title dispute. It was submitted that the outcome of mediation may not be binding on the general public..Ram Mandir-Babri Masjid: Supreme Court reserves order on referring matter to Mediation.The Court highlighted that it was aware of the gravity of the issue as well as the effect any decision on the subject would have on the public. Nevertheless, Justice Bobde said that while the history cannot be undone, the dispute can be dealt with through mediation..It was argued by one of the Hindu parties that in this matter of religious sentiment which affected a large number of people, there was no possibility of negotiation. The Court countered this by saying that the option cannot be ruled out without even giving it a try..While reserving the order in the case, the Court directed the parties to submit names of their preferred mediators, should the Court decide in favour of sending the dispute for mediation..Read the order below..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
