ACHHAN RIZVI II Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The matter has come-up for orders on I .A. No. 5 on what has been described as an " explosive situation" in Ayodhya as a result of declarations by certain religious groups that beginning 6th December, 1992 there will be a resumption of 'Kar Seva' on the acquired site of 2.77 acres in avowed violation of the orders of the High Court where petitions challenging the constitutionality of the acquisition are pending. There are also certain orders of this Court which, incorporating the orders of the High Court in this behalf, also have the effect of interdicting any constructional activity on the acquired land pending disposal of the proceedings.

(2.) Mr. O.P. Sharma, in support of I.A. No. 5, submitted that having regard to the fact that the situation has reached - in the words of the learned Attorney General - a boiling point and with the known sympathy of the Governmental machinery in the State for the aspirations of the said religious groups, any inaction on the part of the Court would result in the Court being presented with a fait accompli rendering all pending judicial proceedings worthless and infructuous. The petitioner in I.A. No. 5, therefore, seeks directions to the Union Government to step-in to prevent a violation of the orders of the Court and also place property in custodia - legis by the appointment of a Receiver who will act under the control and directions of the Union Government. It is suggested that the Receiver, while permitting all legitimate, customary religious activities, if any, on the property, should, however, ensure against the threatened disobedience of the Courts' orders. This arrangement, it is submitted, is the only possible assurance to prevent further breaches of the orders of the Court and to preserve the property in status-quo pending adjudication of the dispute.

(3.) We have learned Attorney-General for the Union Government who appeared upon notice from the Court. Shri R.K. Garg, Sri Govinda Mukhoty and Shri O.P. Sharma, learned senior counsel, made their submissions in support of I.A. No. 5. Shri K.K. Venugopal and the learned Advocate-General appeared for the State of U.P. and the Chief Minister of the State.