MEET THE MEDIATORS

MEET THE MEDIATORS

Meet the Mediators in Ayodhya-Babri Masjid Land Title Dispute case. The Constitution Bench of Supreme Court referred the Ayodhya-Babri Masjid land dispute case for mediation. The Court has constituted panel of mediators. The numbers should always consist minimum number of three mediators always. So that, no decision can be unilateral but based on the majority head count. Coincidentally, all the panel members hail from Tamil Nadu. Here is the background of the panel members.

Justice F M Ibrahim Kalifullah

The Court has appointed former Supreme Court judge FM Kalifulla as the chairman of the panel. Justice Kalifulla, 68, is the son of Late Justice M Fakkir Mohamed, who started his career as an advocate in August 1975. Justice Kalifulla hails from Karaikudi in Sivaganga district of Tamil Nadu."I understand the top court has appointed a mediation committee headed by me. I'm yet to receive the order copy. I can say if a committee has been constituted we'll make every effort to resolve the issue amicably," Justice Kalifulla informed after the apex court's order.

The Court has appointed former SC judge Justice Fakkir Mohammed Kalifullah as the Chairperson of the panel. He started practice of law at Chennai. He was appointed judge of Madras High Court in 2000. Later, he was appointed Chief Justice of High Court of Jammu and Kashmir. On April 2, 2012, he was elevated to the Supreme Court. He retired from Supreme Court on July 22, 2016. At his farewell function, the then CJI T S Thakur commented that Justice Kalifulla played a vital role in suggesting the way the BCCI case needs to be taken forward and said he "provided valuable insights".

Sri Sri Ravi Shankar

Sri sri was born in in 1956 in Tamil Nadu's Papanasam. The leader has previously suggested an out-of-court settlement over the Ayodhya dispute. Taking to Twitter Sri Sri , "Respecting everyone, turning dreams to reality, ending long-standing conflicts happily and maintaining harmony in society - we must all move together towards these goals."

Sri Sri Ravi Shankar is the founder of Art of Living foundation.Sri Sri Ravi Shankar is a spiritual guru and humanitarian leader. He has spearheaded an unprecedented worldwide movement for a stress-free, violence-free society. Sri Sri has developed unique, impactful programs that empower, equip and transform individuals to tackle challenges at global, national, community and individual levels.

In early 2018, he had attempted an out of court settlement of the dispute by holding talks with leaders of both Hindu and Muslim groups. He had suggested that Muslims should give up their claims on the disputed site after expressing that it was not a place of importance for them.

"Because it's Lord Ram's birthplace, there is such a strong feeling connected with the place. And since it is not that important place for Muslims and (is) also in a place where there is conflict, namaaz is not acceptable. Anyway, it is not going to serve the purpose; and when it is not serving the purpose of the other community (Muslims), then, it should be gifted," he told.

He had also expressed that a legal adjudication of the dispute will cause "heartburn" to the losing side, which will create discord.

"So, in either case, there will be discord in society. I want to create a win-win situation, where both communities come together and respect for each is restored, where respect of each is honoured. That is the formula we are suggesting, why not do it?" he said.

The All India Muslim Personal Law Board had however openly rejected the proposals of Sri Sri Ravi Shankar.

The appeal through the letter by Sri Sri Ravi Shankar has no relevance now when the Board has already taken a decision on the issue and made its stand clear to all stakeholders”,said AIMPLB Secretary Jafrayab Jilani.

Jilani said that the Board had also made it clear that once a mosque is built on any land it cannot be handed over to anyone. "We are bound by our Islamic laws and out rightly reject Sri Ravi Shankar's appeal," said Jilani.

Sriram Panchu, Senior Advocate

Sriram Panchu is a senior advocate based in Chennai, who has a reputation of being a world class mediator. He is a founder of The Mediation Chambers, which offers services in mediation and med-arb. He is the president of the Association of Indian Mediators and a director on the board of the International Mediation Institute (IMI). He set up India's first court-annexed mediation centre in 2005, and has been instrumental in making mediation a part of India's legal system.

Panchu has mediated a large number of complex and high-value disputes across the range of commercial, corporate and contractual disputes in different parts of India. He has also mediated international commercial disputes. He has authored two books on mediation. Settle for More introduced mediation to the Indian audience. Mediation: Practice & Law (Butterworths, LexisNexis) is the standard manual in India. He has authored the Indian chapter of Getting the Deal Through.

The panel has been given the liberty by the Court to solicit more mediators or seek legal assistance.The proceedings will be held at Faizabad in UP with the state government being directed to extend suitable facilities for the purpose.

The mediation process is to be initiated in one week, to be concluded within the eight-week period granted for the examination of the official translations of the oral evidence filed by the state of UP. The court required the first status report in respect of the mediation to be submitted to it within 4 weeks.

The bench also clarified that the mediation process being held in-camera, its details shall remain confidential, with no publications in print or electronic media in this connection.

These are the brief looks into the three mediators, to resolve the Ayodhya-Babri land issue.

HOPE JUSTICE PREVAILS, FOR RAM LULLA TO LEGALLY GETS HIS OWN ABODE BACK, AFTER YEARS OF BEING DEPRIVED, LEGAL MAXIM, JUSTICE DELAYED IS JUSTICE DENIED IS NOT APPLICABLE HERE FOR HIM.

VIJAYASHREE RAMESH, CHENNAI BASED ADVOCATE.