ORDER

1. The matter has come-up for orders on LA. No.5 on what has been described as an "explosive situation" in Ayodhya as a result of declarations by certain religious groups that beginning 6th December, 1992 there will be a resumption of Kar Seva on the acquired site of 2. 77 acres in avowed violation of the orders of the High Court where petitions challenging the constitutionality of the acquisition are pending. There are also certain orders of this Court which, incorporating the orders of the High Court in this behalf, also have the effect of interdicting any constructional activity on the acquired land pending disposal of the proceedings.

2. What is poignant is that the arguments in the writ petitions before the High Court are concluded and the learned Judges have reserved their judgment. At this juncture some of the religious groups have threatened to take law into their own hands.

3. Mr. a.p. Sharma, in support of LA. No.5, submitted that having regard to the fact that the situation has reached - in the words of the learned Attorney General- a boiling point and with the known sympathy of the Governmental machinery in the State for the aspirations of the said religious groups, any inaction on the part of the Court would result in the Court being presented with a fait accompli rendering all pending judicial proceedings worthless and in fructuous. The petitioner in I.A. No.5 therefore, seeks directions to the Union Government to step-in to prevent a violation of the orders of the Court and also place property in custodian legis by the appointment of a Receiver who will act under the control and directions of the Union Government. It is suggested that the Receiver, while permitting all legitimate, customary religious activities, if any, on the property, should, however, ensure against the threatened disobedience of the Courts orders. This arrangement, it is submitted, is the only possible assurance to prevent further breaches of the orders of the Court and to preserve the property in status-quo pending adjudication of the dispute.

4. We have heard learned Attorney-General for the Union Government who appeared upon notice from the Court. Shri R.K. Garg, Sri Govinda Mukhoty and Shri a.p. Sharma, learned senior counsel, made their submissions in support of I.A. No.5. Shri K.K. Venugopal and the learned Advocate-General appeared for the State of U.P. and the Chief Minister of the State.

5. On the previous occasion at the request of Shri K.K. Venugopal, we granted time till today for the State to spell out what convincing assurance if could hold-out to prevent -the threatened violation. We indicated to Shri Venugopal that the matter is indeed sensitive and it is not merely the question of some construction on some land, but symbolises, conceptually and in the ultimate analysis, weakening of Constitutional institutions. It would be a pity if the State is unable, for whatever reasons, to uphold and enforce the orders of the highest Court in the land.

6. In response, Shri Venugopal has filed an affidavit by the Special Secretary to the Home Department of the Uttar Pradesh Government, in which, inier alia, it is stated:

"The State Government has been giving grave and anxious consideration to the situation arising from the call given for resumption of Kar Seva on the acquired land. The State Government agrees that the duty of preventing the violation of orders of the Court lies on it and is its responsibility. "

Then adverting to certain delicate and sensitive issues, as the State perceives (hem, involved in the handling of the situation and to the possibility of any decision to exert force, might result in a very grave situation and the braving of disastrous consequences which might become irreversible, the affidavit proceeds to say:

"The State of U.P. would therefore he seeking direct negotiation with the leaders ofVHP and the leaders of the Dhararn Sansad for the purpose. So that the solution for achieving the religious aspiratio