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SC rejects Centre's plea for hearing before Feb. 21

By J. Venkatesan

NEW DELHI Feb. 13. The Supreme Court today rejected the Central Government's plea for hearing before February 21, its application for vacating the ``interim order'' passed in the Ayodhya case in March last year.

A three-Judge Bench, comprising the Chief Justice, V. N. Khare, Justice S. B. Sinha and Justice A.R. Lakshmanan, declined to consider the request after the Solicitor-General, Kirit Raval, ``mentioned'' this morning the plea for an early listing of the case. The judges told Mr. Raval that since the petition was to come up for hearing on February 21, there was no need for an early hearing.

In its application, the Centre said that there was need to resolve the controversy over the 67.703 acres of ``undisputed land.'' And that "the continuing state of uncertainty is not in the public interest.''

Referring to the interim order that "no religious activity of any kind by anyone, either symbolic or actual, including bhoomipuja or shila puja, shall be permitted or allowed to take place'' either in the disputed or the undisputed land, the application said this needed to be resolved. "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 necessity of continuing the order did not survive and hence it should be vacated and the matter listed for hearing as pleadings by all the parties had been completed, the application said.

The petitioner, Md. Aslam Bhure, meanwhile, filed his counter today opposing the Centre's plea for vacating the interim order. The application will also be heard on February 21. The counter said that it was clear from the 1994 apex court judgment in the Farooqui case that the acquired land could not be used for any anti-secular purposes. It refuted the Centre's stand that the present situation was different from that of March last and said the situation this time had become more grave due to the statement of the Vishwa Hindu Parishad leader, Pravin Togadia.

Mr. Togadia had hardened his stand and rejected any solution through judicial verdict. He had also asked the Government to hand over the land acquired by it or face a "people's agitation.''

Emboldened by the Centre's move to vacate the stay on religious activities in the ``undisputed'' land, the VHP had been rushing fresh stocks of building materials to its workshops in Ayodhya, Mr. Bhure said, and prayed for the dismissal of the Centre's application.

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