The hearing in the case relating to the Ayodhya dispute is currently underway at the Supreme Court of India..The case is being heard by a Constitution Bench of Chief Justice of India Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan and Abdul Nazeer..The Ayodhya case was referred to a Constitution Bench on January 9 this year. Earlier, a three-judge Bench had declined to refer the matter to a larger Bench..On the last date of hearing, the Court had asked the parties whether they would be willing to refer the dispute to mediation. However, on an objection being raised to this proposal by some parties, the Court deferred the passing of orders on this aspect..The Court had also directed the parties to examine the translated versions of documents in the case and point out objections within six weeks..Live updates of today’s hearing follow..Bench assembles, hearing commences in Supreme Court.Discussion happening on referring matter to mediation.One lawyer opposes mediation saying even if parties agree, public will not agree to a compromise“You are assuming there will be a compromise and one party will give up and one party will win. Mediation does not necessarily mean that. You are thinking about the outcome”, Justice SA Bobde.“We cannot undo Babar invading etc. We can only look into the current situation”, Justice SA Bobde.“You are looking into the outcome even before mediation is attempted. You are saying it will be a failure. This case is also about heart and mind and healing of relations”, Justice SA Bobde.Senior Advocate Rajeev Dhavan advancing submissions. Detailing law relating to mediation and the nature of matters which can be sent for mediation.Justice Chandrachud asks Rajeev Dhavan whether it would be possible to bind millions of people to the outcome of mediation. Bench having a lengthy discussion.On binding persons who are not party to the mediation/dispute, Justice SA Bobde remarks there is no difference between decree of a court or one arrived at through mediation.CS Vaidyanathan submits that repeated attempts were made earlier to settle the dispute amicably but failed.Temple has to be built at Janmasthan. What can be considered is alternative place for mosque. We are ready to crowdfund it. We cannot have a mediation and have a stance different to that, Sr. Adv. CS Vaidyanathan.Sr. Adv Ranjit Kumar making submissions on defintion of “decree” under CPC. In a representative suit, a compromise cannot be made decree without notice to all, Ranjit Kumar.Tushar Mehta appearing for State of UP. Rajeev Dhavan objects to it saying Mehta is Solicitor General of India, statutory receiver in the matter.Supreme Court reserves verdict on whether matter should be referred for mediation..Read the order below.
The hearing in the case relating to the Ayodhya dispute is currently underway at the Supreme Court of India..The case is being heard by a Constitution Bench of Chief Justice of India Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan and Abdul Nazeer..The Ayodhya case was referred to a Constitution Bench on January 9 this year. Earlier, a three-judge Bench had declined to refer the matter to a larger Bench..On the last date of hearing, the Court had asked the parties whether they would be willing to refer the dispute to mediation. However, on an objection being raised to this proposal by some parties, the Court deferred the passing of orders on this aspect..The Court had also directed the parties to examine the translated versions of documents in the case and point out objections within six weeks..Live updates of today’s hearing follow..Bench assembles, hearing commences in Supreme Court.Discussion happening on referring matter to mediation.One lawyer opposes mediation saying even if parties agree, public will not agree to a compromise“You are assuming there will be a compromise and one party will give up and one party will win. Mediation does not necessarily mean that. You are thinking about the outcome”, Justice SA Bobde.“We cannot undo Babar invading etc. We can only look into the current situation”, Justice SA Bobde.“You are looking into the outcome even before mediation is attempted. You are saying it will be a failure. This case is also about heart and mind and healing of relations”, Justice SA Bobde.Senior Advocate Rajeev Dhavan advancing submissions. Detailing law relating to mediation and the nature of matters which can be sent for mediation.Justice Chandrachud asks Rajeev Dhavan whether it would be possible to bind millions of people to the outcome of mediation. Bench having a lengthy discussion.On binding persons who are not party to the mediation/dispute, Justice SA Bobde remarks there is no difference between decree of a court or one arrived at through mediation.CS Vaidyanathan submits that repeated attempts were made earlier to settle the dispute amicably but failed.Temple has to be built at Janmasthan. What can be considered is alternative place for mosque. We are ready to crowdfund it. We cannot have a mediation and have a stance different to that, Sr. Adv. CS Vaidyanathan.Sr. Adv Ranjit Kumar making submissions on defintion of “decree” under CPC. In a representative suit, a compromise cannot be made decree without notice to all, Ranjit Kumar.Tushar Mehta appearing for State of UP. Rajeev Dhavan objects to it saying Mehta is Solicitor General of India, statutory receiver in the matter.Supreme Court reserves verdict on whether matter should be referred for mediation..Read the order below.
