NEW DELHI: Political Parties across the board opposed, for different reasons, the Ordinance promulgated by the President recently but maintained that a formal response and a course of action would be formulated after they have studied its details. While the Bharatiya Janata Party (BJP) rejected any reference to the Supreme Court, the AllIndia Babri Masjid Action committee (AIBMAC) charged that the ordinance had been promulgated to “facilitate the construction of a temple” at the site of the demolished Babri Masjid. The mam of Jama Masjid Syed Abdullah Bukhari described the move as “bad for generations to come.” The AIBMAC said that it would explore legal and political avenues to oppose the Ordinance.

According to several leaders, the Ordinance is likely to be challenged by individuals, both from among the Muslims and the Hindus. Barring Janata Dal leaders SJaipal Reddy, who maintained that his party would vote against the Ordinance when it is presented in the form of a bill in Parliament for legislation, other parties maintained that they would evaluate the situation.

CPI General Secretary Indrajit Gupta said his party would seek to highlight the issues or questions that the Ordinance left unanswered, Although the party would take a formal position on it soon, he pointed out that when it comes up before Parliament, the Government could make additions and modifications to it The BJP reiterated its demand that the Government hand over the land to the Temple Nyas for the construction of the temple and described the single point reference under Article 143 to the Supreme Court as “redundant.” BJP Vice President Sundar Singh Bhandari said that the partly was against the creation of “sarkari tmusis” and the complex should be handed over to the Nyas. According to Convenor of the Babri Masjid Movement Coordination Committee (BMMCC) Syed Shahabuddin, the move indicated that the Government had rejected all pleas made by the Muslim community regarding the original Ayodhya package declared on December 27, He said that an emergency meeting of the BMMCC would be held on Friday to decide on the future course of action after going through the text of the ordinance.

In a statement, AIBMAC convenor Zafaryab Jilani and a member of the committee Syed Ahmed Bukhari said the Center has tied, by the ordinance, to “thwart” the reconstruction of the mosque promised by the Prime Minister.

It said the Ordinance was in violation of Articles 25 and 26 of the Constitution, as “acquiring the site of a mosque deprives the Muslims of their religious rights.” The two leaders said the Allahabad High Court, while striking down a notification of the UP Government acquiring 2.77 acre land near the site, had mulled that any acquisition of the area was unconstitutional, The Left parties and the Janata Dal voiced their opposition to a single point reference under Article 143 and called for handing over all the cases pertaining to the issue to the apex court under Article 138(2), Under this Article, the Supreme Court enjoys original jurisdiction and its decision would be binding on the parties concerned.

According to the Left parties, the single point reference under the ordinance will not help solve the problem and may lead to further trouble. CPI(M) Polit Bureau member Prakash Karat said the party was Opposed to reference under Article 143 since it served no purpose after the demolition of the mosque and would open up a “dangerous precedent.” The Ordinance, he said; had legitimized darshan and the demolion of the mosque thereby defeating the entire purpose for which it was promulgated, Janata Dal (A) leader Ajit Singh said that his party had demanded that the issue should be referred to the Supreme Court under Article 138. but the Government has decided to invoke the Article 143.

Article extracted from this publication >>  January 22, 1993