Shedding pessimism from the past to broker a permanent solution to the Ram Janmabhoomi-Babri Masjid title suit dispute, the Supreme Court on Friday took a historic decision of appointing a panel of mediators to try and evolve an out-of-court settlement over the next two months.
Former SC judge Justice Fakkir Mohammad Ibrahim Kalifulla will preside over the process. The other two members on the panel are the founder of Art of Living Sri Sri Ravi Shankar and senior advocate Sriram Panchu, a qualified mediator with 40 years of experience. The panel will sit in Faizabad, Uttar Pradesh and its proceedings will be strictly confidential and held in-camera. This means none of it can be reported by the media.
The unanimous order by the Constitution bench comprising Chief Justice Ranjan Gogoi, Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S Abdul Nazeer asked the panel to hear both the Hindu and Muslim parties, and work out a permanent solution to the dispute. Within a month of their sitting, the panel will submit a progress report to Court and will be free to co-opt members or seek legal assistance.
The court was taking forward the appeals against the 2010 Allahabad High Court judgment, delivered in four civil suits, that the 2.77-acre land in Ayodhya be partitioned equally among three parties — the Sunni Waqf Board, Nirmohi Akhara and Ram Lalla.
Hindu bodies, except Nirmohi Akhara, have opposed the apex court's suggestion to refer the issue for mediation, while Muslim bodies have supported it.
Although the Hindu parties have been opposed to mediation, the Court said, "We have considered the nature of the dispute. Notwithstanding the lack of consensus between the parties, we are of the view that an attempt should be made to settle it by mediation."
Though legal objections were raised against a Court-directed mediation in a suit representing two religious communities, the bench clarified there was no "legal impediment" to order mediation. In the event there is a settlement or compromise, it will require the Court's nod to take effect.
To ensure the mediation succeeds, the Court insulated it from any kind of media coverage. Panel members and parties were refrained from revealing their views or proceedings to anyone outside. The arrangements with regard to the venue, security, stay and transport will be arranged by the Uttar Pradesh government.
The idea for mediation, and that too within a time-frame of two months was first offered by SC on February 26. It was done keeping in mind that the parties require eight weeks to go through the translations of oral and documentary evidence. This is the first Court-ordered mediation in the case. Earlier, the two sides led by Sri Sri Ravi Shankar and Sunni Wakf Board leaders informally met to reconcile but failed.
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