INDIA
The dissenting judge, Dharam Veer Sharma, has said the possibility of an amicable settlement between the litigating groups could have been explored.
“It’s unusual,” said a former Chief Justice of India, reacting to the belated note of “dissent’’ by one of the three Allahabad high court (Lucknow bench) judges regarding the majority order rejecting the plea for deferring the Ayodhya verdict to allow mediation.
The dissenting judge, Dharam Veer Sharma, has said the possibility of an amicable settlement between the litigating groups could have been explored. He has also taken exception to the other two judges — SU Khan and Sudhir Agarwal — not consulting him on the imposition of an exemplary cost of Rs50,000 on applicant Ramesh Chandra Tripathi, a respondent in the lawsuit.
In the note relating to the order, justice Sharma said: “I am sorry to state that at the time of the passing of the order, I was not consulted. Otherwise, I would have given my views to the honourable brother judges.”
While the majority order termed Tripathi’s plea as a mischievous attempt to delay the much-awaited judgment on August 24, justice Sharma said: “Defendant number 17 (Tripathi) is not required to pay costs for Rs50,000.”
According to him, the maximum cost permissible under section 35 of the Code of Civil Procedure is Rs3,000.
Reacting to this development, a former CJI expressed “surprise” saying: “This is quite unusual… even imposition of the hefty cost on an applicant is exceptional… There’s no reason to disbelieve the judge concerned.”
On the other hand, constitutional lawyer PP Rao said: “Why did the judge concerned not disclose this at the time of the pronouncement of the order on Friday?”
He said justice Sharma should have dictated the order in open court, because nothing prevented him from making the disclosure then.
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