SC Advised For Settlement By Mediation In Ramjanmabhoomi-Babri Dispute

Team SoOLEGAL 27 Feb 2019 12:46pm

SC Advised For Settlement By Mediation In Ramjanmabhoomi-Babri Dispute

Due to a disagreement between the parties over the veracity of translation of records the hearing could not be initiated in the Ayodhya-Babri Masjid land dispute case before the Constitution Bench of the Supreme Court.

The Court also advised the parties that they can consider the option of settlement through mediation. However, Senior Counsel C S Vaidyanathan and Ranjit Kumar who are representing the Hindu parties were not open to the idea of mediation. The Muslim parties are being represented by Senior Advocate Rajeev Dhawan who are open to the idea of mediation if the Court directed so. The orders will be passed by the court on next Tuesday on whether the issue should be referred to a Court appointed mediator.

The hearing was adjourned for six weeks to enable the parties to examine the translations of records prepared by the UP Government. The parties were directed by the Court to examine the records and point out their objections.

The CJI made this thing very clear that the hearing will commence only when the parties will agree to the translations prepared by the UP Government as authentic. The CJI read out the report which was submitted by the Secretary-General to the Court, to the parties. It was clearly indicated in those reports that the records ran into nearly 38,000 pages, in the languages of English, Hindi, Sanskrit, Urdu, and Gurumukhi.

Senior Advocate C S Vaidyanathan represented the Ram Lalla and endorsed the authenticity of translations, however, Senior Advocate Rajeev Dhawan, who appeared for Sunni Waqf Board, objected by saying. "We have not got the opportunity to examine the translations prepared by UP Government".

This was objected to by Vaidyanathan, by submitting that the parties had accepted the translations as authentic way back in December 2017, and had agreed for final hearing. In view of this disagreement, the CJI remarked that the Court will not waste its time if parties are not agreeable on translations.

Order of the court

 Keeping in mind that the mediation suggested by the Court is in terms of the mandate under Section 89 of the Code of Civil Procedure, 1908 and in an appropriate case it will always be open for the Court to invoke its power, we deem it proper to observe that the mediation suggested is only to effectively utilize the time of eight weeks that would be taken to make the cases ready for hearing.

We defer passing of orders on the aforesaid suggestion i.e. mediation until 6th of March, 2019 28 (Wednesday) when this Bench will assemble again at 10.30 a.m. for the limited purpose of passing orders on the reference of the dispute to a Court appointed mediation process.

Tagged: supremecourt   mediation   rammandir   babrimasjid   chiefjusticeofindia   section89ofcr.pc  
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