E/CN.4/1997/91/Add.1
page 21
Annex I
A BRIEF ON AYODHYA
(Information provided by the Indian authorities)
1.
... Following the demolition of the Ram Janma Bhoomi-Babri Masjid
structure at Ayodhya on 6 December 1992, the Government acquired the disputed
area and suitable adjacent land through the Acquisition of Certain Area at
Ayodhya Ordinance Act, 1993. At the same time, the Government also made a
Special Reference to the Hon'ble Supreme Court for consideration and opinion
on the question “Whether a Hindu temple or any Hindu religious structure
existed prior to the construction of the Ram Janma Bhoomi-Babri Masjid
(including the premises on the inner and outer courtyards of such structure)
in the area of which the structure stood?” The constitutional validity of the
Acquisition Act and the maintainability of the Special Reference was
challenged before the Supreme Court. A five-judge Bench headed by the Chief
Justice of India heard arguments in the above proceedings. The Bench in its
majority judgement dated 24 October 1994 upheld the Acquisition Act, except
for Section 4 (3) thereof, which it struck down. The Supreme Court, however,
returned the Presidential Reference unanswered. As per the judgement, the
pending suits and other proceedings relating to the disputed area, which had
abated by virtue of Section 4 (3) of the Act, have been revived for final
adjudication of the dispute by the Allahabab with effect from
12 December 1994. The Court is at present continuing with the
examination/cross examination of witnesses in the title suits. The whole
matter is thus sub judice.
2.
In the light of the above Supreme Court judgement, the vesting of the
“disputed area” in the Central Government is limited as a Statutory Receiver
with the duty for its management and administration requiring maintenance of
the status quo therein till its further vesting in terms of the adjudication
made in the suits for implementation of the final decision therein; the
disputed area cannot be handed over to any body for the construction of a
temple, mosque or any other structure except as decided by the court in the
title suits; the right of the parties to worship in the disputed area stands
frozen in the position that obtained on 7 January 1993, the day of the
promulgation of the Acquisition of the Certain Area at Ayodhya Ordinance, 1993
(now replaced by an Act of Parliament).
3.
In compliance with the above-mentioned Supreme Court judgement, the
status quo as on the date of the acquisition of the area is being maintained
in the “disputed area”, and appropriate arrangements have been made for this
purpose. The right of worship is restricted to in whatever form it existed on
that date and its scope has not enlarged thereafter.
4.
After the demolition of the structure, Government decided that the
strongest action possible under the law would be taken to book the culprits
who committed various offences connected with the demolition of the structure
on 6 December 1992, including those who incited and agitated the offences.
The manner in which the event of 6 December 1992 took place gave rise to
suspicion of a deep-rooted conspiracy on the part of the perpetrators of this
crime. The Government is determined to take all possible steps to unveil the