The Hindu : Centre may seek early listing of Ayodhya case

Online edition of India's National Newspaper
Tuesday, Feb 11, 2003

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National

Centre may seek early listing of Ayodhya case

By J. Venkatesan

NEW DELHI Feb. 10. Even as the Opposition parties criticised the Centre for its application before the Supreme Court for vacation of its `status quo' order passed in March last in the `Ayodhya case', the Centre is likely to `mention' early listing of the case tomorrow.

If the Centre's request is accepted, the court is expected to fix a date for hearing the case, most likely before a Constitution Bench, as all the parties have already filed counter affidavits and pleadings have been completed in all respects.

In its application for vacating the `interim order' passed on the petition filed by Mohd. Aslam Bhure, the Centre has impressed on the court the need for resolving the controversy over the 67.703 acres of `undisputed land'. It also said that ``the continuing state of uncertainty is not in public interest''.

The Centre submitted that the court had said the interim order was only for 10 weeks and the matter would be referred to a larger Bench. The 10 weeks period having elapsed long ago, it was only appropriate that the matter was taken up for hearing forthwith.

``The state of uncertainty with regard to approximately 67 acres of land is likely to generate problems even in future and it is therefore necessary that the position becomes clear by a final decision of this court'', the Centre argued.

According to the Centre, in the 1994 judgment, the apex court had said the interest claimed by Muslims was only over the disputed site where the mosque stood before its demolition. The objection of the Hindus to this claim had to be adjudicated.

Over the remaining property acquired under the Act, no title was claimed by the Muslims. ``A large part thereof comprises properties of Hindus the titles of which were not even in dispute''. And according a correct interpretation of the 1994 judgment, `status quo' pertained only to `disputed' and not the `undisputed' site.

Further, according to the VHP, going by the 1994 judgment, the Centre, as `receiver', was entitled to hand over the 43 acres of undisputed area to the original owners — the Ram Janmabhoomi Nyas Trust.

But the court had rejected this contention in March last year when it said ``at present, even if it (that there is no bar on religious activity in the undisputed site) is the correct reading of the 1994 order, we will not allow any puja which will escalate the situation.''

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