New Delhi: Seeking vacation of the Supreme Court's stay on any religious activity on
the 67 acres of acquired land around the demolished disputed structure, the Centre
has said that in view of the sensitivity of the matter the continuing state of
uncertainty was not in public interest.
Referring to the March 13 stay order of the court, the application, filed by Union
Home Ministry through counsel P Parameswaran, said, "In the respectful submission of
the applicant Union of India, the continuing state of uncertainty is not in the
public interest."
It said the prayers made in the petition filed by Mohammed Aslam alias Bhure against
the then proposed action of holding a "pooja on the land in question and to restrain
karsevaks from proceeding towards Ayodhya for the same" have become
infructuous.
The court, in its March 13, 2002 order, had said, "On the 67.703 acres of acquired
land located in various plots detailed in the Schedule to the Acquisition of Certain
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 'bhoomi puja'
or 'shila puja', shall be permitted or allowed to take place."
The Centre said that the "situation prevailing when the order was passed was far different from the situation prevailing today.
"When the order was passed, the apprehension of breach of law and order and violation of earlier Court orders was being openly voiced. At this point of time, however, the situation has changed," it said.
"Under the circumstances, the necessity of continuing an interim order, in view of the judgement of the Constitution Bench in Farooqui's case, does not survive. It is, therefore, respectfully submitted, that the interim orders deserve to be vacated," the Centre pleaded in its application.
It said that the state of uncertainty with regard to about 67 acres of undisputed land was likely to generate problems even in the future but did not elaborate as to the nature of the anticipated problems.
"It is, therefore, necessary that the position becomes clear by a final decision of the apex Court," it said adding that in the March 13 order the Court had directed listing of the case after 10 weeks, which has since then elapsed.
PTI
