Should Ayodhya dispute be decided through mediation? SC reserves order

New Delhi, Mar 06: The Supreme Court has reserved orders on whether the Ayodhya case should be decided through mediation.

At the start of the hearing, one of the Hindu petitioners tells the court that a public notice would have been issued before ordering for mediation.

The Bench said that it understands the gravity the matter and also the impact on body polity, while deciding to refer it to mediation. The Bench also said that this matter was about religious sentiments. Primarily this is not about 1,500 sq ft, but about religious sentiments. We know its impact on public sentiments and we are looking at minds hearts and healing if possible, the Bench also observed.

We have no control over what Babar did. No one can undo that. We are only concerned about resolving the dispute, the Bench also added. When the Hindu parties pointed out that mediation would be a futile exercise, the judges said that they too had read history and they have no control over the past. What we can do is only about the present the Bench observed.

The Bench noted that there need not be one mediator, but a panel of mediators. When the mediation is on, it should not be reported on. It may not be a gag, but no motive should be attributed to anyone when the mediation process is on, the Supreme Court said.

The Muslim parties then said that the SC should invoke contempt action if reporting of the mediation takes place. The Bench then said that the desirability of a resolution through peaceful talks is an ideal situation. The question however is how we need to go about it, the Bench added.

Suppose there is a mediated solution in the Ayodhya dispute and the court accepts the compromise. When the court accepts the compromise, it becomes a decree. The court decree is binding on the parties, the Bench said.

Rajeev Dhawan appearing for the Muslim parties said that they are agreeable for the mediation. He asked the Bench to frame terms for mediation.

The Akhil Bharat Hindu Mahasabha however said that a public notice should be issued.
A five-judge Constitution bench on February 26 had suggested an amicable resolution to the Ram Mandir case through mediation and said it would pass an order on March 6 with reference to the dispute.

The court will decide whether to send the Ayodhya dispute case to the court-appointed and monitored mediation or not on Wednesday.

"We have suggested to the parties that during the interregnum a court-appointed and court-monitored mediation with utmost confidentiality could be initiated to bring a permanent solution to the issues raised in the cases," the bench had said on February 26.