New Delhi: The Supreme Court on Tuesday suggested an amicable settlement to the Ramjanmabhoomi-Babri Masjid dispute in Ayodhya and offered to act as mediator, observing that issues of "religion and sentiments" can be best resolved through talks.
The bench headed Chief Justice JS Khehar suggested that the parties to the dispute adopt a "give a bit and take a bit" approach for a meaningful and sincere negotiations to resolve the issue.
The Lucknow bench of Allahabad High Court, in 2010, had ruled for a three-way division of the disputed 2.77 acres area at the site in Uttar Pradesh.
The three-judge bench, by a majority of 2:1, had said the land be partitioned equally among three parties, Sunni Waqf Board, Nirmohi Akhara and the 'Ram Lalla' (nascent Lord Ram).
What the SC said:
The apex court said that such religious issues can be best resolved through negotiations.
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"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. These issues are best decided jointly. All of you may sit together and hold a cordial meeting," the bench, also comprising Justices DY Chandrachud and SK Kaul, said, as per PTI.
The observations were made after BJP leader Subramanian Swamy mentioned the matter seeking urgent hearing, saying that it has been over six years after the High Court decided the civil appeal and that it needed to be heard at the earliest.
The BJP Parliamentarian told the court that he had approached the Muslim community members who favoured judicial decision in the contentious matter.
"You (Swamy) must make fresh attempts to arrive at a consensual decision. If required, you must choose a mediator to end the dispute. If the parties wants me (CJI) to sit with mediators chosen by both the sides for negotiations, I am ready to take up the task. Even the services of my brother judges can be availed for the purpose," the CJI said.
The top court said that it may also appoint the principal negotiator if the parties want and asked Swamy to consult the parties and inform it about their decision on amicable resolution of the matter on March 31.
Reactions by political parties:
The apex court`s suggestion for a negotiated settlement attracted mixed reactions.
The Bharatiya Janata Party - ruling both at the Centre and UP - heartily welcomed it but the Babri Masjid Action Committee and the Muslim Personal Law Board, which are prominent parties to the legal battle, dismissed an out-of-court settlement.
The BJP said friendly negotiations was the best way to resolve the dispute while Union Minister Mahesh Sharma, another BJP leader, said the court`s advice may pave the way for the temple`s construction.
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BJP MP Vinay Katiyar said the court`s suggestion, along with the fact that the BJP had come to power in Uttar Pradesh, will have a positive effect in settling the dispute.
The Communist Party of India-Marxist too expressed dismay over the court`s observations.
"All these years, there was no possibility of an out-of-court settlement; that is why the matter is in the Supreme Court.
"In a political situation where the government at the Centre and the state (UP) is committed to pushing only one side of the case, how can the court expect an amicable settlement," said CPI-M leader Brinda Karat.
Congress leader Digvijaya Singh said a recurrence of the 1992-like situation was a possibility and depended upon the stand taken by the Yogi Adityanath government in the state.
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Shiv Sena leader Sanjay Raut said the apex court should stay away from matters of faith and said that only two parties -- the Narendra Modi government and the Adityanath government -- had the power to decide about building of the temple.
Muslim groups sceptical:
On the other hand, Babri Masjid Action Committee convenor Zafaryab Jilani, as well as All India Muslim Personal Law Board (AIMPLB) member and AIMIM MP Asaduddin Owaisi, virtually ruled out an out-of-court settlement.
"An amicable solution is impossible. This has to be dealt in the court itself. If the court passes any order to that effect (amicable solution), we will think about future course of action," said Jilani, as per IANS.
"We have faith if the CJI himself mediates or nominates a team of Supreme Court judges or court itself hears the matter. But we are not willing to accept an out-of-court settlement," he added.
"Several rounds of talks on earlier occasion have failed to yield result. That is why the AIMPLB had decided that it will not go for any more talks," Owaisi said, adding that the "case was about the (land) title which the Allahabad High Court wrongly decided as a partnership case".
Owaisi said he hoped the apex court will decide other cases pending since the demolition of the Babri Msjid in December 6, 1992, including conspiracy charges against prominent BJP leaders like LK Advani, Murli Manohar Joshi and Uma Bharti.
(With Agency inputs)
