The Hindu : Supreme Court says 'no' to puja , orders status quo

Online edition of India's National Newspaper
Thursday, Mar 14, 2002

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Supreme Court says 'no' to puja , orders status quo
By J. Venkatesan

NEW DELHI, MARCH 13. The Supreme Court today turned down the Central Government's plea to permit ``bhoomi puja'' at the ``undisputed site'' in Ayodhya, and directed that ``no religious activity of any kind by anyone, either symbolic or actual, including `bhoomi puja' or `shila puja,' shall be permitted or allowed to take place on the 67.703 acres of land'' in Ayodhya on March 15.

Even as the Centre made a forceful plea for allowing a ``bhoomi puja'' at the ``undisputed site'' as, in its view, there was no prohibition on this under the 1994 apex court judgment, a three-judge Bench rejected it and ordered the maintenance of `status quo' in the entire piece of land.

When the Bench reminded the Attorney-General (AG), Soli Sorabjee - appearing for the Centre - of what happened on December 6, 1992, Mr. Sorabjee said ``we are aware of the imponderable'' but told the Bench ``not to rake up the past.''

The Bench observed, ``we don't want the December 6, 1992, incident to be repeated,'' adding that the Centre should not do anything that would escalate the situation but take steps to defuse it. Reminding Mr. Sorabjee of the Centre's undertaking in 1992 despite which the disputed structure was demolished, the Bench asked him ``what will be the reaction to the symbolic `puja' in the current surcharged atmosphere?''

The Bench, comprising B. N. Kirpal, G. B. Pattanaik and V. N. Khare, passed the interim order while admitting a writ petition filed by Mohd. Aslam alias Bhure for a direction to prevent `kar sevaks' from proceeding to Ayodhya and to hand over the entire land to the Army.

``No part of the land shall be handed over by the Government to anyone and the same shall be retained by the Government till the disposal of this writ petition. Nor shall any part of this land be permitted to be occupied or used for any religious purpose or in connection therewith,'' it ruled and clarified that the ruling was subject to further orders which might be passed in this case.

The judges ordered notice to the Centre, the Uttar Pradesh and Gujarat Governments, the Vishwa Hindu Parishad, the All-India Babri Masjid Action Committee and the All-India Muslim Personal Law Board and asked them to file the counter within four weeks and the rejoinder within four weeks thereafter.

A larger Bench would consider the correct interpretation of the 1994 judgment, they said, and directed listing of this matter before a larger Bench (of not less than five judges) after 10 weeks. Mr. Sorabjee submitted that his reading and interpretation of the 1994 Supreme Court judgment was that the temporary use of the ``undisputed'' adjacent land for a brief duration for the purpose of performing ``puja'' was not per se prohibited and would not violate the ``status quo'' order, which pertained only to the ``disputed land.'' Hence, a a three-hour symbolic ``puja'' with adequate conditions and restrictions could be allowed.

The court, however, said ``we are concerned with the 1994 order under which no part of the land vested with the Government can be used for any other purpose. It is very clear. As the situation now stands, is it correct for the Centre to take a stand that such a `puja' be permitted,'' the Bench asked.

Even as Mr. Sorabjee was making a forceful plea to allow the `bhoomi puja,' the Bench observed ``our fundamental foundation is secularism. We are not going to do anything that will affect secularism.''

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