SC on Ayodhya dispute: Give mediation a chance

NEW DELHI: The Supreme Court suggested on Tuesday that mediation could be a way of resolving the Ram Janmabhoomi-babri Masjid title dispute, saying that even if there was a 1% chance of an amicable resolution of the politically sensitive issue, it should be explored.

A five-judge Constitution Bench headed by Chief Justice of India (CJI) Ranjan Gogoi, and comprising justices SA Bobde, DY Chandrachud, Ashok Bhushan and SA Nazeer, will meet again on March 6 to decide whether the dispute should be referred to a court-appointed mediation process.

“Even if there is 1% chance for mediation between the parties [Hindus-muslims], we should give it an opportunity,” justice Bobde said.

The bench said it is exploring the option of mediation under section 89 of the Civil Procedure Code (CPC), which permits the court o refer a dispute to an arbitration or conciliation process with the aim of reaching an amicable settlement.

“We are aware that at no point of time has the court directed mediation and that is something which we are considering seriously.

It does not involve anybody’s private property and yet has become so contentious. It’s all about the public right to worship. We would like to give one chance,” justice Bobde said. “It shall be confidential. We do not want any party making comments to jeopardise it,” the judge added.

The court is hearing 14 appeals against a 2010 Allahabad high court judgment that trifurcated the 2.77 acre disputed compound between the Sunni Waqf Board, Nirmohi Akhada and representatives of the child deity, Ram Lalla.

The Nirmohi Akhada and many of the Muslim litigants agreed to the mediation process. Senior advocate Rajeev Dhavan, appearing for a Muslim litigant, said they were agreeable to the “very important suggestion” of mediation, but said the court should fix a time frame for the process as the dispute was a “knotty issue”. But counsel for Ram Lalla was opposed to the suggestion. “There is no chance of any mediation. We want a final decision,” senior advocate CS Vaidyanathan.