New Delhi: The Supreme Court Friday said it will hold day-to-day hearing from August 6 to decide the politically sensitive Ram Janmabhoomi-Babri Masjid land dispute in Ayodhya as the efforts to arrive at an amicable settlement through mediation have failed.
The apex court took note of the report of the three member mediation panel, headed by former apex court judge FMI Kalifulla, that the mediation proceedings which went on for about four months have not resulted in any final settlement and it has to decide the matter pending before it.
“We have received the report submitted by Justice (Retd) F M I Kalifulla, the Chairman of the Mediation Committee. We have perused the same. The mediation proceedings have not resulted in any final settlement. We, therefore, have to proceed with the hearing of the cases/appeals, which will commence on and from 6 August (Tuesday),” said a 5-judge bench headed by Chief Justice Ranjan Gogoi.
“The hearing which will be on day-to-day basis until the arguments are concluded will start with the appeals arising out of the two suits. The learned counsel(s)…in the appeals arising out of the aforesaid suits may, for the convenience of the court, indicate the pleadings and the evidence on which they propose to rely, so that the officials of the Registry can keep the said documents ready for perusal of the court,” the bench said in its order.
The bench, also comprising Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer, had on 18 July, asked the three-member mediation panel to inform the court about the outcome of their proceedings as on 31 July.
The panel was asked to place the report by 1 August to enable it to proceed further in the matter.
The mediation panel, also comprising spiritual guru and founder of the Art of Living foundation Sri Sri Ravishankar and senior advocate and renowned mediator Sriram Panchu, had said in its report submitted on Thursday that the Hindu and the Muslim parties have not been able to find a solution to the vexatious dispute.
The apex court, which on 8 March referred the matter for mediation, had asked for in-camera proceedings to be completed within eight weeks, but later granted time till August 15 after the panel’s earlier report said that the mediators were “optimistic” about an amicable solution.
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The top court had fixed the seat for mediation process in Faizabad, Uttar Pradesh, around 7 km from Ayodhya, and said adequate arrangements including the venue of the mediation, place of stay of the mediators, their security, travel should be forthwith arranged by the state government.
After the bench on Friday passed the order, senior advocate Rajeev Dhavan, appearing for a Muslim party, raised several technical issues and said he will need 20 days to argue the various issues arising in the matter in detail and there should not be any curtailment on the hearing.
While he was raising different aspects of the matter and how the appeals have to be heard, the bench told him “don’t remind us what we have to do”.
“We know there are many aspects and we will deal with all these aspects. Let the hearing start,” it said.
Dhavan also raised the issue of pending writ petition filed by senior BJP leader Subramanian Swamy and the application filed by a Muslim body.
The court which had perused a report about the progress of mediation process till July 18, had said that its contents will remain confidential as per its earlier order.
Fourteen appeals have been filed in the apex court against the 2010 Allahabad High Court judgment, delivered in four civil suits, that the 2.77-acre land in Ayodhya be partitioned equally among the three parties — the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
On 6 December, 1992, the Babri Masjid, constructed at the disputed site in the 16th century by Shia Muslim Mir Baqi, was demolished.
The central government on 29 January this year moved the apex court seeking its nod to return the 67-acre undisputed acquired land around the disputed site to original owners.
The 0.313 acre plot, on which the disputed structure stood before it was demolished by ‘kar sevaks’ on 6 December, 1992, was within the 2.77-acre disputed premises., the plea said.
The government had then acquired 67.703 acres, including the 2.77-acre plot, through a legislation in 1993. The Ram Janambhoomi Nyas (RJN) is the owner of as much as 42 acres of the acquired non-disputed land.
The Centre’s plea said that the RJN (a trust to promote construction of Ram Temple) had also sought return of excess land acquired to original owners.
The Centre claimed that only 0.313 acre of land was disputed on which the structure stood before it was demolished by ‘kar sevaks’ on 6 December, 1992.
A week later, another petition was filed challenging the constitutional validity of 1993 Central law on land acquisition in Ayodhya near the disputed site, contending that Parliament has no legislative competence to acquire land belonging to the state.
Seven individuals, including two Lucknow-based lawyers claiming to be devotees of Ram Lalla, said state legislature has exclusive power to make provisions on management of religious affairs inside its territory.
The plea said the Acquisition of Certain Areas of Ayodhya Act, 1993 Act infringes right to religion of Hindus guaranteed and protected by Article 25 of the Constitution of India.
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There was Zero prospect of the Mediators coming up with an amicable solution to the most divisive issue of our times. In its wisdom, the apex court may have felt this was an outside chance worth exploring, all the more since it would take the matter beyond the election. Now that India is – from the electoral calendar – at a moment of calm, let the issue be adjudicated upon with fairness, rendering closure.