NEW
DELHI, March 13 (IslamOnline) - The Supreme Court today ordered that
status quo must be maintained at the disputed site of the
demolished Babri Mosque in Ayodhya. The court rejected a government
plea that "symbolic" worship should be allowed at the
disputed land.
A
three-judge bench of the apex court said there should be no activity
and no puja [worship] on the land which was acquired by the
government of India in 1993 in compliance with court orders that the
government should keep the land in its custody until a final court
verdict is issued. The bench comprised Justice BN Kirpal, Justice GB
Pattanaik and Justice VN Khare.
The
Supreme Court's 1994 ruling had said the Union government cannot
please any organization like the VHP by giving it the acquired 67
acres of land adjacent to the demolished Babri Masjid in Ayodhya
unless the title of the disputed land was settled first. The Court
subsequently ordered status quo, as on January 7, 1993, to be
maintained at the site.
The
handing over of even "undisputed" portions of the land to
any one community prior to the settlement of the title to the
disputed portion would presumably not be in "consonance with
the creed of secularism" which prohibits preferential treatment
towards any one religion, the Court had observed.
The
Court had also said today the Union government would be a statutory
"receiver" of the disputed properties and could only hand
over possession in accordance with the courts' decisions. It,
however, explained that the statutory freeze "does not
curtail" the Muslims' right to offer prayers there but
"reduces the Hindus' right to offer prayers" at the site
of the demolished mosque. However, this part of the court order is
not obeyed since Muslims are not allowed even to approach the
demolished mosque site.
Delivering
the 1994 judgement Justice AM Ahmadi and Justice SP Bharucha, had
observed: "Secularism is absolute. The State should not treat
religions differently on the ground that public order requires
it."
An
earlier Supreme Court order, issued after a similar government plea
for 'symbolic' puja at the site, had ended up in the
demolition of the Babri Mosque on December 6, 1992.
The
government stand in front of the apex court has angered a number of
the coalition alliance (NDA) partners, since other parties were not
consulted about this stand. A number of the ruling alliance partners
had made it clear that will reconsider their support to the
government if the VHP was allowed to go ahead with its controversial
plans on March 15.
After
mass protests by Muslims and other secular parties and
organizations, the construction plan was amended. The new plan
envisaged performance of puja on March 15 and start
construction on June 2. Since the government is run by the
extremists' own political party, the BJP, this plan had a chance to
go through because the government did not object to it as is evident
from Prime Minister Vajpayee's earlier pronouncements and the stand
taken today by the solicitor general of India. But the Gujarat
pogrom, which were spearheaded by the same VHP, has put paid to
these plans which aim at creating a new status quo.
The
Supreme Court order today said "we direct that on 67.73 acres
of land located on the plot number 159/160 in village
Ramchandrapuram vested in central government no religious activities
of any nature by anyone including Bhoomi Pujan [earth
worship], Shila Poojan [brick worship] and Shila Daan
[brick gifting] shall be allowed till further orders".
On
the other hand, the lower house of Parliament (Lok Sabha) was
adjourned this morning over the Ayodhya issue amid pandemonium and
slogan-shouting by the Opposition members. The opposition was
protesting against the statement made by Uttar Pradesh Governor
Vishnu Kant Shastri yesterday that there was no harm in doing puja
at Ayodhya. The governor belongs to the extremist Hindu
organization, the RSS. Congress leader Jaipal Reddy raised
objections to the fact that the government had made a petition to
the Supreme Court that puja be allowed at Ayodhya.
The
VHP chief Ashok Singhal told reporters in Ayodhya that their Friday
program would confine itself to offering a 'shila' (carved
pillar) after a prayer outside the disputed site. He said Ram
Janmbhoomi Nyas (temple trust) President Mahant Ramchandra Paramhans
Das would lead about 2000 people and offer the shila to the
Center's receiver in Ayodhya. Earlier these same people had
threatened to defy court orders and topple the government.
This
development comes after a shocking spates of communal violence in
Gujarat late February, early March 2002, in which Hindu extremists
killed more than 600 Muslims, burning some alive, and destroying
Muslim property.