India Tomorrow
NEW DELHI, SEPTEMBER 16— The three-member Ayodhya mediation panel, which failed to find resolution to the decades-old dispute last month after efforts of four months, has moved a memorandum in the Supreme Court seeking directions on the requests made by Nirvani Akhara and Sunni Waqf Board to resume the mediation process. However, the All India Muslim Personal Law Board (AIMPLB) has categorically rejected any mediation move at this stage when the apex court is conducting day-to-day hearing in the case.
The three-member mediation panel, comprising former Supreme Court judge Justice F M Kalifulla, ‘Art of Living’ founder Sri Sri Ravi Shankar and Senior Advocate and acclaimed mediator Sriram Panchu, was constituted by the Chief Justice-led Constitution Bench on March 8 this year. After four months of the mediation efforts, the panel submitted its ‘failure’ report to the top court on July 31. On August 3, the SC declared that mediation had failed and started day-to-day hearing of the title suit from August 6. Today (September 16) was the 24th day of the hearing in the case. While Hindu parties – Nirmohi Akhara and Ram Janmabhoomi – have concluded their arguments, the Muslim parties are arguing their case.
Commenting on the latest mediation move, Dr. SQR Ilyas, Convenor, Babri Masjid Committee of AIMPLB, categorically said there was no need for mediation at this stage. He even questioned the legal status of the three-member mediation panel.
“Mediation was started at the order of the Supreme Court and ended at the order of the Supreme Court when the mediation panel told the apex court that no agreement could be reached. Now that the case has almost covered half way – Hindu parties have argued their case and Muslim parties are doing theirs – there is no point of mediation at this stage. There is no reason to hold mediation again. And mediation is not going to give any result,” Dr. Ilyas told India Tomorrow.
He also said that mediation cannot start on the request of one or two parties of the case.
“All parties need to agree for the mediation. Even if it is assumed that Sunni Waqf Board has made any request, mediation cannot start on one party’s request. Hindu parties are also not ready for this,” he said adding that Nirvani Akhara, which has requested for resumption of mediation, is different from Nirmohi Akhara and is not a party to the case.
“At this stage, mediation will not yield any result. In the past also, all such attempts have failed. We think there is no need for mediation now,” said Dr. Ilyas.
He even questioned the legal status of the mediation panel to file any move for mediation.
“When the mediation panel filed its report (on July 31), its term ended. Now there does not exist any mediation panel. Mediation panel is not formed for a permanent period. If that mediation panel files any move, it will not have any legal validity. If Supreme Court decides to go to mediation, then it will constitute a new panel. The old panel has no status to file any such move,” said Dr. Ilyas.
Meanwhile, during the 24th day hearing in the Babri Masjid title suit in the Supreme Court today, Senior Advocate Rajeev Dhavan, counsel for Muslim parties in the case, informed the top court that there are reports that some parties have written to the Chief Justice seeking continuation of mediation proceedings for settlement of the dispute. The CJI said they have not received any such letters. As per LiveLaw.in, the CJI went ahead to say that the bench was not interested in such things, and asked Advocate Dhavan to continue arguing.
