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Babri Masjid – Ram Mandir issue: SC for out-of-court settlement after Yogi Adityanath coronation

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New Delhi: Merely two days after appointment of Yogi Adityanath as the Chief Minister of UP, Supreme Court has come forward with a suggestion to solve the issue with meditation. While this is a welcome step by the apex court, it also makes it quite apparent that judiciary has realized that it doesn’t have power to give a verdict based on hard facts.

Muslims have said that they will accept the judgment of the apex court whether it comes in the favor of the community or against it. On the contrary, right wing Hindu organizations have said that they will not accept the court verdict if it comes against it.

Babri Masjid domes

On 6 December 1992, thousands and thousands of VHP, RSS and Bajrang Dal supporters, along with the top BJP leadership had assembled in Ayodhya. They had promised to the court that they will not harm the mosque. But defying everything they destroyed the mosque, cleared the debris and installed an idol of Ram Lalla. Narsimha Rao, the then Prime Minister, who slept through the entire demolition process, later said that the mosque will be built on the same place. But it was soon forgotten.

Now, while describing the Ram Mandir as a “sensitive” and “sentimental” issue, the apex court has said that issue should be settled ‘amicably’ through negotiation and out of court settlement. BJP leader Subramanian Swamy wanted an urgent hearing on the Ayodhya issue. The court also asked Swamy, famous for his anti-Muslim rhetorics, to consult the parties and inform it about the decision on March 31.
Chief Justice J S Khehar, who was heading the Supreme Court bench said, “These are issues of religion and sentiments. These are issues where all the parties can sit together and arrive at a consensual decision to end the dispute. All of you may sit together and hold a cordial meeting”.

The Chief Justice even suggested that he was ready to mediate on the issue if the parties concerned want him to. Despite all the hopes of the Muslim community, the judiciary seems incapable to tackle the sentimental issue. In 2010, the Lucknow bench of the Allahabad High Court had pronounced its verdict on the long-standing Ayodhya Ramjanmabhumi-Babri Masjid issue and ruled for a three-way division of the disputed area, between the Sunni Waqf Board, the Nirmohi Akhara and the party for ‘Ram Lalla’.

In the meantime, Abubakr Sabbaq, a Supreme Court lawyer says that in cases of civil nature, courts give chance for mediation to the concerned parties. This is an international judicial practice.

“Mediation can’t give you any order. It can only say whether concerned parties can come to compromise or not. It is only a chance to compromise. No doubt matter should be dealt judicially and it will be decide on evidence not on emotions or belief”, says he.

Abubakr Sabbaq, a Supreme Court lawyer says that in cases of civil nature, courts give chance for mediation to the concerned parties. This is an international judicial practice.

Mediation can’t give you any order. It can only says whether concerned parties can come to compromise or not. It is only a chance to compromise. No doubt matter should be dealt judicially and it will be decide on evidence not on emotions or belief. Yogi Adityanath, a firebrand BJP leader and five times MP was made the chief minister of UP by the party leadership merely two days ago.

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