- (1.) There are two Writ Petitions before this Court. One filed by two members of the Bar of this Court and another by three petitioners, one of whom Is a lecturer of Banaras Hindu University. On the first Writ Petition that has been moved before this Court on 25.10.89, we made an order directing issue of notices to all the respondents and also directed hereby to serve copies of the Writ Petitions on the standing counsels for the respondent nos. 1 to 12 and fixed this matter for hearing today. The main question that arises in this Writ' Petition is that communal riots are flaring up in different parts of the States in connection with the Shila Puja Procession and also it has been stated very categorically that 9.11.89 has been fixed as a day for laying the foundation stone of Ram Janam Bhoomi Mandir by the Vishwa Hindu Parishad nearby the Babri Masjid and there is every likelihood of serious breach of communal peace and harmony. It has therefore, been prayed that this Court should issue appropriate directions in order to restrain such religious processions as initiated by the Vishwa Hindu Parishad and to direct the respondents no. 1-12 to take appropriate measures so that no vehicle be allowed to carry the consecrated Shila (bricks) to Ayodhya from their respective States. It has also been prayed that the State of U.P. should also be directed to restrain the movement of vehicles carrying out consecrated Shilas (bricks) in procession for the purpose of carrying the same to Aybdhaya and the Government of U.P. should be further directed not to allow the laying of the foundation stone of the Ram Janam Bhoomi Temple pending the decision of the Allahabad High Court.
(2.) Both the petitioners who are members of this Bar have eloquently argued before this Court that the only way to prevent any communal flaring up between two major religious communities is to make a prohibitory order prohibiting the religious processions in regard to carrying by truck or any other conveyance the consecrat Shilas (bricks) to Ayodhya on 9.11.89 for the purpose of laying the foundation stone of the said temple. They, therefore, tried to impress upon this Court that unless this order is made, communal riots will increase and lead to loss of several lives in several States and it will take a very serious turn and will take a toll of number of lives and will also lead to serious breach of peace throughout the country. It has, therefore, been urged by both the petitioners of the first Writ Petition that appropriate orders should be made by this Court to prevent such a A situation.
(3.) The learned Attorney General on our request brought to our notice the fact that a Writ Petition Criminal No. 422 of 1989 under Art. 32 was filed and the same was taken up for hearing by a seven Judges Bench and after hearing the parties the seven Judges Bench made an order directing the petitioners to approach the High Court with a Writ Petition under Art. 226 of the Constitution as the subject matter of the Writ Petition involves the primary question of maintenance of law and order. Of course, some of the counsels here stated that the subject matter of that Writ Petition regarding Babri Masjid is different front the present one. It appears from the copy of the order made in that Writ Petition produced before us that a direction has been given to the learned counsel for the petitioner that his client might approach the Allahabad High Court for any relief to which he was entitled to and the bench did not express any opinion on the question whether the petitioner was entitled to any relief.;