The Supreme Court has referred the Babri Masjid case for mediation and appointed a three-member mediation panel to be headed by former Supreme Court judge FM Kalifullah. The two other members of the panel are Sri Sri Ravi Shankar and senior lawyer Sriram Panchu, who is also considered a mediation expert. A five-judge bench of the Supreme Court led by Chief Justice of India Ranjan Gogoi said the case was not about property, but about “mind, heart and healing-if possible.”
The panel has been given eight weeks time to complete the mediation process which is likely to be completed when the 2019 Lok Sabha polls would be in full swing. The mediation process will be held in Faizabad district in Uttar Pradesh and the panel has been asked to refrain from reporting to media during the mediation process. The talks and the mediation process will also be held in camera.
Dr. SQR Ilyas, Joint Convener of All India Muslim Personal Law Board’s Babri Masjid Committee and President Welfare Party of India, told Radiance, “Our stand has always been clear that it should be resolved either through dialogue or through Court and if talks fail then Court is the last option. Earlier, all efforts for out-of-the-court settlement have failed because the other party was adamant and showed no flexibility in its stand on the issue.
“When the Supreme Court said that it should be resolved through dialogue because it is a very sensitive issue, we said we have no objection but we demanded two things that the talks should be monitored by the Supreme Court and the meetings should be held in camera and both the demands were accepted.”
On the members in the panel, Ilyas said, “Some people are expressing concern and it a genuine concern because in the Mediation Committee there is the name of Sri Sri Ravi Shankar whose earlier stand on the issue is known to all. He had also threatened Muslims of the consequences that there will be a Syria-like situation if the Supreme Court gives judgment in favour of Babri Masjid. I think the Committee should have been neutral and their point of view should not have been in favour of one or the other party. We will present our point of view before the Committee and let us see what would be the modus operandi of the Committee and how things are going to shape from here onwards.”
Earlier, former Chief Justice of Jammu and Kashmir High Court, Justice Bashir Ahmad Khan, while presenting his point of view on the issue, told Nidhi Razdan during a news show named, “Left, Right & Centre” (NDTV), “I think this is a trial balloon. This is a good intention, step, just to explore. Maybe something good comes up in eight weeks. And this is to be read with the text of the time granted for documentation and authentication of documents. Maybe the Supreme Court thought that those eight weeks can be utilised with these kinds of activities.”
“Now whether something comes out of it or does not, it remains to be seen. But what the misgivings and ignorance which is prevailing on the mediation part of this order are that mediation panel headed by Justice Kalifullah is not going to decide anything. In mediation a mediator only assists, he facilitates, he takes parties to participate and then gives various options and brings the parties to common ground if he can. This is not an adjudicating process and mediation is a process which revolves to arrive at an agreement,” Justice Bashir added.
Navaid Hamid, President All India Muslim Majlise-e-Mushawarat, told Radiance, “All India Muslim Majlis-e-Mushawarat (AIMMM) appreciates Hon’ble Supreme Court concern for resolving the Babri Masjid-Ram Janmabhoomi dispute and its verdict to constitute a mediation team. AIMMM strongly thinks that though all efforts for a negotiated settlement of the 70 years old dispute failed in past and there are little chances for it in future too, still there is no harm if SC-monitored mediation team explores ways to resolve the dispute with a clean slate and in a non-partisan manner.”
“Keeping the complexity of the issue in mind and the difficulties of making a consensus for resolving the dispute, it is required that as per the mandate of the SC, the Mediation Committee should co-opt more members in it and it would be most appropriate if the Mediation Committee resolves to include three Retired Dalit, Sikh and Christian Judges apart from somebody representing Muslim Civil Society who is acceptable to the Muslim parties in the Babri Masjid-Ram Janmabhoomi case,” opined AIMMM president.