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
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