One of the claimants to the Ayodhya title: The saffrom charge. The Ayodhya temple-mosque dispute will be taken up not now but in January, the Supreme Court said in a four-minute hearing that could mean greater pressure on the ruling BJP from its hardline Hindu affiliates, ahead of the 2019 national polls, for an ordinance or special order to facilitate a Ram temple at the site. "We have other priorities," said Chief Justice Ranjan Gogoi, when the Uttar Pradesh government argued that it was a 100-year-old issue that should be taken up on priority by the government. But The Sangh Parivar is raising the pitch to bring an ordinance to go ahead with the temple-building as promised by Modi in his election promise.
In a move that could see the Ayodhya issue not decided before the Lok Sabha elections, the Supreme Court on Monday directed the listing of the Ram Janmabhoomi title suit matter for an appropriate bench that will fix the dates in January 2019 for the hearing of a batch of petitions challenging the Allahabad High Court verdict trifurcating the disputed site.
During a brief hearing, a bench of Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice K.M. Joseph gave its decision on the petitions challenging the 2010 Allahabad High Court ruling by which the disputed site in Ayodhya was divided into three parts — for Ram Lalla, Nirmohi Akhara and the original Muslim litigant.
“We have our own priorities. Whether the case will come in January, February or March, it will be for the appropriate bench to decide,” CJI Gogoi said as a lawyer urged the court to decide on the dates when the hearing on the challenge to the High Court judgment will take place.
The listing of the matter for January could prolong the hearing in the case for a few months — by when the country would be in election mode due to general elections due in April-May 2019.
On September 27, the top court bench headed by then Chief Justice Dipak Misra, along with Justice Ashok Bhushan and Justice S. Abdul Nazeer, by a 2:1 majority rejected the plea that the challenge to the 2010 verdict be heard by a bench of five judges.
It was contended by the Muslim litigants before the three-judge bench headed by then Chief Justice Misra that the challenge to the 2010 verdict should be heard by a larger bench as the High court had relied on 1994 apex court judgment that said that mosque was not essential to Islam for offering Namaz prayers.
Rejecting the plea for hearing by a larger five-judge bench, then Chief Justice Misra and his colleagues on September 27 directed that the matter be listed for October 29 hearing.
The Rashtriya Swayamsevak Sangh (RSS) on Monday called for the enactment of a law to facilitate the construction of a grand Ram temple in Ayodhya and said the RSS will support whatever decision is taken by saints on the matter.
“The RSS is of the view that Ram temple must be constructed at the birthplace of Lord Ram and the place should be given to Ram Janmbhoomi Nyas. The construction of the temple will create a harmonious atmosphere. Taking this into account, the Supreme Court should take a decision at the earliest,” Arun Kumar, Akhil Bharatiya Prachar Pramukh (communications in charge) of the RSS said.
“However, the government must bring a legislation to pave the way in case of any obstacles. The saints and the Dharm Sansad have been spearheading the Ram temple movement since the beginning and the RSS has supported them. We will stand by whatever steps they take.”
The senior RSS functionary’s remarks came hours after the Supreme Court directed for the listing of the Ram Janmabhoomi title suit for an appropriate bench that will fix the dates in January 2019 for the hearing of a batch of petitions challenging the Allahabad High Court verdict trifurcating the disputed site.
Over the last few months, RSS chief Mohan Bhagwat has been calling for the construction of Ram temple “at the earliest” and also asked the government to enact a law for the purpose.
Delivering the organisation’s customary message on the occasion of Dussehra, Bhagwat had also urged the Narendra Modi government to start building the Ram temple in Ayodhya, even if it calls for the formulation of a law.
The Congress, however, accused the BJP of polarising views on the Ram Temple issue.
“Well this is a familiar story. Every five years before elections, the BJP tries to polarise views on Ram Mandir,” former Finance Minister P. Chidambaram said at a press conference at the AICC headquarters here shortly after the Supreme Court directed listing of the Ayodhya matter in January next for hearing.
He said the Congress stand on the Ram temple was clear. “Congress party’s position is that the matter is before Supreme Court and everyone should wait until SC decides… I don’t think we should jump the gun,” he said.
Chidambaram was replying to a question on a statement by BJP President Amit Shah and Uttar Pradesh Chief Minister Yogi Adityanath that the Supreme Court has given its judgement in the Sabarimala issue and Union Minister Giriraj Singh saying that the “patience” of Hindus was running out over the Ram temple issue.
When asked about the BJP alleging that the Congress was stalling the Supreme Court proceedings in the case, the Congress leader said, “If you make that statement in public it will be an order of contempt of the Supreme Court. So, my request is don’t make that statement in public.
“The Supreme Court will decide when to hear the case. We don’t decide when the court hears the case,” he said.
Responding to a question over a demand for an ordinance for construction of the temple, Chidambaram said, “It (the issue of ordinance) is decided by the executive government. If someone is asking for an ordinance, it is for the Prime Minister to respond, if he will respond at all to the issue,” he added.
The VHP too joined the chorus demanding that the central government enact a law in Parliament’s Winter Session for constructing a Ram temple at Ayodhya.
“The Supreme Court has once again adjourned the hearing of the Ram Janmabhoomi appeals to the year 2019. This fortifies our stand that a solution is not in eternally waiting for the hearing of the appeals. We reiterate our demand for enacting a law in Parliament for construction of a grand Ram temple in Ayodhya,” VHP’s Working President Alok Kumar told reporters.
“The Winter Session of Parliament is ahead and this can be done,” he added.
Asked about the VHP’s stand if the government fails to bring a legislation in Parliament for constructing a Ram temple, he said the issue will be placed before ‘sants’ (religious leaders) at the Kumbh Mela at Allahabad in January.
“We believe that this government is a government of Ram bhakts. The BJP passed a resolution for a legislation in 1989 in the Palampur session. They had been our associates in this fight. We look forward to them implementing their own manifesto. Somehow, if some other situation develops, we will place the matter before the Dharm Sansad on January 30 at Kumbh,” he said.
Kumar also warned of intensifying the VHP campaign for a legislation if the government does not act. “We will meet all the MPs to impress upon them (the need for a law,” he said.
The VHP has convened a two-day Dharm Sansad in January in Allahabad to discuss the Ram temple issue.
Asked about opposition allegations that the BJP and other saffron organisations are raking up the issue because of the 2019 Lok Sabha elections, Kumar said that the matter was getting delayed in the court and the wait was not worth it.
“Earlier, the bench headed by Justice Dipak Misra was hearing the matter. Therefore, the sants, who had been for the Dharm Sansad at Udupi, had decided to wait for this bench to deliver judgement. Justice Mishra retired in October and therefore we found that wait was not worth it.
“The new CJI has also adjourned the matter. The Supreme Court, which at times sit at nights to hear matters, has somehow avoided hearing this appeal of very great public importance. Therefore, other lawful ways of demanding a legislation have been preferred,” he said. (IANS)