At 10:30 am this morning, Supreme Court bench hearing
the Ayodhya case will meet
As anticipated in my yesterday’s blog ( sent as email
to Supreme Court and the lawyers of the concerned parties ), the parties
concerned have refused to submit names of mediators
As suggested in my email , it is expected that SC will
announce its decision to appoint a mediator on its own, to negotiate a consensus outcome between the parties
All concerned will heave a sigh of relief !
But today’s editorial in Economic Times raises following
important legal issues arising out of the provisions in Section 89 of the Civil
Procedure Code on “ alternate dispute-resolution
mechanisms “ , including mediation :
{ 1 }
The court that directs the disputants to mediation must first identify what it
deems a reasonable solution to the dispute.
{ 2 }
If the mediation effort does not succeed, the parties will come back to
the court for a statutory solution.
=====================================================================
As far as { 1 } is concerned , I urge the Court to state unhesitatingly
that it considers as
a “ reasonable solution “ , my suggestion
for creation / construction by the Central Government ( covering the entire
site – not just the site of Babri Masjid ) of a :
“ World Peace Complex “
References :
We can do… 06 March 2019
A Home for
Ram 27 Feb 2019
Reach - Out
Time ? - 20 Sept 2013
Sarva Dharma
Sthanam ? 02 Oct 2017
Let Ram’s
Ayodhya be Secular 31 Jan 2019
=========================================================
SC may also consider following directives :
# Target date
# Names / E
mail IDs of mediators ( for receiving suggestions from any citizen )
# Transparency vis-à-vis the Supreme Court
·
Audio-Video
recordings of Mediation meetings – emails – phone call logs – etc , under the
supervision of the SC . These will be only available to SC and no one else
# Total Secrecy vis-à-vis the general public / media
·
No access to media at any stage of
negotiations , by any negotiator
# Integrity of the negotiation process
·
No negotiator shall ever meet any party,
all by himself , in private . All such meetings must be conducted with ALL
negotiators remaining present , in total openness
·
Mediators shall maintain minutes of each
meeting ( with the concerned parties ) . These minutes shall not be disclosed
to any one but SC . Minutes must be signed by all the negotiators
·
Final recommendation ( CONSENSUS SOLUTION
), must be signed by all the parties concerned , before submitting to SC
·
Even meetings with private individuals -
political - religious – social – academic – professional organizations and “
Think Tanks “ , must be held with all mediators present and audio-video
recorded
======================
Dear Hon Justice
Shri Gogoi,
I hope you find a few minutes to read this email before announcing your decision
this morning
========================================================
08 March 2019
Rsvp :
hcp@RecruitGuru.com
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