Aftab Alam, R.M.Lodha - (1.) CIVIL Appeal Nos. 10866 -10867 Of 2010 The appeals are admitted for hearing.
(2.) DURING the pendency of the appeals, the operation of the Judgment and decree passed by the Allahabad High Court shall remain stayed. Further, we are pleased to note that there is complete unanimity on maintaining status quo and all the parties are in agreement that order may be passed for maintaining status quo on the disputed site and on the adjoining land. We, therefore, pass the following orders: During the pendency of the appeals, the parties shall maintain status quo in regard to suit land, as directed by an earlier Judgment and order passed by this Court in Dr. M. Ismail Taruqui and Ors. v. Union of India and Ors.1 (1994) 6 SCC 360 vide Paragraphs 86 and 87, which are reproduced below: Paragraph 86. The best solution in the circumstances, on revival of suits is, therefore, to maintain status quo as on 7th January, 1993 when the law came into force modifying the interim Orders in the suits to that extent by curtailing the practice of worship by Hindus in the disputed area to the extent it stands reduced under the Act instead of conferring on them the larger right available under the Court Orders till intervention was made by legislation. Paragraph 87. Section 7(2) achieves this purpose by freezing the interim arrangement for worship by Hindu devotees reduced to this extent and curtails the larger right they enjoyed under the Court Orders, ensuring that it cannot be enlarged till final adjudication of the dispute and consequent transfer of the disputed area to the party found entitled to the same. This being the purpose and true effect of Section 7(2), it promotes and strengthens the commitment of the nation to secularism instead of negating it. To hold this provision as anti -secular and slanted in favour of the Hindu community 420 would be to frustrate an attempt to thwart anti -secularism and unwittingly support the forces which were responsible for the events of 6th December, 1992.
(3.) FURTHER, as regards the land adjacent to the suit land which was the subject matter of acquisition by the Central Government, the parties shall maintain status quo, as directed by the Order of this Court in Mohd. Aslam alias Bhure v. Union of India and Ors.2 (2003) 4 SCC 1 vide Paragraphs 4 and 5 read with Paragraph 17 of the report, which read as follows: Paragraph 4. In this proceeding, which is initiated as public interest petition, several reliefs were claimed but after the interested parties were impleaded and their pleading were put forth what has crystallized is as to the manner in which the adjacent land should be (SIC) final decision in the title suit pending in the High Court of Allahabad. This Court, on 13* March, 2002, while issuing the rule, made the following order: In the meantime, we direct that on the 67.703 acres of land located in Revenue Plot Nos. 159 and 160 in village Kot Ramchandra which is vested in the Central Government, no religious activity of any kind by anyone either symbolic or actual including bhumi puja or shila puja, shall be permitted or allowed to take place. FURTHERmore, no part of the aforesaid 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. 1 Ed.: : AIR 1995 SC 605: JT 1994 (6) SC 632: [1994] Supp 5 SCR 1 2 Ed.: : AIR 2003 SC 3413: JT 2003 (3) SC 426: 2003 (3) SCALE 466: [2003] 3 SCR 143: (2003) 2 UPLBEC 1806 1 This is subject to further orders which may be passed in this case. Paragraph 5. The aforesaid order was clarified by another Order, dated 14th March, 2002 in the following terms: After hearing the learned Attorney General, as there was some ambiguity in Para 3 of our order, dated 13th March, 2002, we correct Para 3 of our order as follows: In the meantime we direct that on the 67.703 acres of acquired land located in various plots detailed in the Schedule to Acquisition or Central Area at Ayodhya Act, 1993, which is vested in the Central Government, no religious activity of any kind by anyone either symbolic or actual including bhumi puja or shila puja, shall be permitted or allowed to take place. Paragraph 17. On consideration of the entire matter, we are of the view that the Order made by this Court on 13th March, 2002, as modified by the Order made on 14th March, 2002, should be operative until disposal of the suits in the High Court of Allahabad not only to maintain communal harmony but also to fulfil other objectives of the Act. The writ petition shall stand disposed of accordingly. Mr. P.P. Rao, learned Senior Advocate appearing for the Appellant requested the Court to make some further directions. There is no objections from any side to the request made by Mr. Rao. Hence, we make the following directions.;