NEW DELHI: The Center last week broke its silence on the possibility of constructing a mosque at Ayodhya as it assured the Supreme Court that it would act in “support of the wishes of the Muslim community” if its reference was answered in the negative. After repeated queries by the five judge constitution bench, the solicitor general, Dipankar P. Gupta, submitted the government’s five paragraph statement.
The bench headed by the Chief Justice M.N. Venkatchaliah, had sought to know whether the government had “some other intentions” if the Presidential reference was answered in the negative.
Other judges hearing the reference included Justice A.M. Ahmadi, Justice JS. Verma, Justice G.N. Ray and Justice S.P. Bharucha. The court said the hearing on maintainability of the reference under Article 143(1) would be over on Friday.
After ovemight deliberations at the topmost political and bureaucratic level, the government formulated its stand stating “it will treat the finding of the Supreme Court on the question of fact referred under Article 143 of the Constitution as final and binding.”
It indicates a likelihood of implementing the court’s opinion in a phased manner. It says “in the light of the opinion and consistent with it, the government will make efforts to resolve the controversy by a process of negotiations.”
Expressing confidence that the opinion will have a “salutary effect on the attitudes of the communities,” the statement said “they (communities) will no longer take conflicting positions on the factual issue settled by the Supreme Court.” “If efforts at a negotiated settlement as aforesaid do not succeed, the government is committed to enforce a solution in the light of the opinion and consistent with it.”
The government’s action in this regard will be “evenhanded” in respect of both the communities, Gupta said, adding “the government is committed to the consignation of a Ram temple and a mosque.” But location of the two structures will be determined only after the Supreme Court renders its opinion on the Presidential reference, says the statement. ‘The government will actin” support of the wishes of the Hind community” if the question whether a Hindu temple or any Hindu religious structure existed prior to the construction of the temple mosque structure at Ayodhya is answered in the afire mative.
It reiterates that the “government stands by the policy of secularism and of evenhanded treatment of all religious communities.
Article extracted from this publication >> September 23, 1994
