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The Supreme Court is set to commence day-to-day hearing fromTuesday in the politically sensitive case of Ram Janmabhoomi-Babri Masjid land dispute in Ayodhya after the efforts to arrive at an amicable settlement through mediation have failed.A five-judge Constitution bench headed by Chief Justice Ranjan Gogoi will conduct the hearing.

The bench, also comprising Justices S A Bobde, DY Chandrachud, Ashok Bhushan and S A Nazeer had on August 2 taken note of thereport of the three-member mediation panel, headed by former apex court judge FMI Kalifulla, that the mediation proceedings which went on for about four months have not resulted in any final settlement.

"The hearing which will be on a day-to-day basis untilthe arguments are concluded will start with the appeals arising out of the twosuits. The learned counsel(s)...in the appeals arising out of the aforesaidsuits may, for the convenience of the court, indicate the pleadings and theevidence on which they propose to rely, so that the officials of the Registrycan keep the said documents ready for perusal of the court," the bench hadsaid in its order. The top court had on July 18, asked the mediation panel toinform the court about the outcome of their proceedings as on July 31.

The mediation panel, also comprising spiritual guru andfounder of the Art of Living Foundation Sri Sri Ravishankar and senior advocateand renowned mediator Sriram Panchu, had said in its report submitted onThursday that the Hindu and the Muslim parties have not been able to find asolution to the vexatious dispute. The apex court, which on March 8 referredthe matter for mediation, had asked for in-camera proceedings to be completedwithin eight weeks, but later granted time till August 15 after the panel'searlier report said that the mediators were "optimistic" about anamicable solution. After the bench on August 2 passed the order, senioradvocate Rajeev Dhavan, appearing for a Muslim party had raised severaltechnical issues and said he will need 20 days to argue the various issuesarising in the matter in detail and there should not be any curtailment on thehearing.

While he was raising different aspects of the matter and howthe appeals have to be heard, the bench had told him "don't remind us whatwe have to do".

"We know there are many aspects and we will deal withall these aspects. Let the hearing start," it had said.Dhavan also raisedthe issue of the pending writ petition filed by senior BJP leader SubramanianSwamy and the application filed by a Muslim body.The court which had perused areport about the progress of the mediation process till July 18, had said thatits contents will remain confidential as per its earlier order.

Fourteen appeals have been filed in the apex court againstthe 2010 Allahabad High Court judgment, delivered in four civil suits, that the2.77-acre land in Ayodhya is partitioned equally among the three parties -- theSunni Waqf Board, the Nirmohi Akhara and Ram Lalla.On December 6, 1992, theBabri Masjid, constructed at the disputed site in the 16th century by Shia MuslimMir Baqi, was demolished.

The central government on January 29 this year moved theapex court seeking its nod to return the 67-acre undisputed acquired landaround the disputed site to original owners.The 0.313-acre plot, on which thedisputed structure stood before it was demolished by 'kar sevaks' on December6, 1992, was within the 2.77-acre disputed premises., the plea said.

The government had then acquired 67.703 acres, including the2.77-acre plot, through legislation in 1993. The Ram Janambhoomi Nyas (RJN) isthe owner of as much as 42 acres of the acquired non-disputed land.The Centre'splea said that the RJN (a trust to promote the construction of Ram Temple) hadalso sought the return of excess land acquired to original owners.

The Centre claimed that only 0.313 acres of land wasdisputed on which the structure stood before it was demolished by 'kar sevaks'on December 6, 1992.

A week later, another petition was filed challenging theconstitutional validity of 1993 Central law on land acquisition in Ayodhya nearthe disputed site, contending that Parliament has no legislative competence toacquire land belonging to the state.

Seven individuals, including two Lucknow-based lawyersclaiming to be devotees of Ram Lalla, said state legislature has exclusivepower to make provisions on management of religious affairs inside itsterritory.The plea said the Acquisition of Certain Areas of Ayodhya Act, 1993Act infringes right to religion of Hindus guaranteed and protected by Article25 of the Constitution of India.


Publish Time: 05 August 2019
TP News

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