Thursday, 7 March 2019

At the stroke of Mid-morning




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


No comments:

Post a Comment