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1993 Supreme(Pat) 1
PATNA HIGH COURT
Hari Nath Tilhari and A.N.Gupta JJ.
Maharshi Avadesh
Versus
State Of Uttar Pradesh
Writ Petition No. . of 1992 ;
Decided On : JANUARY 1, 1993
Headnote:
The petition was filed by Hindu Adhivakta sangh for issuance and grant of the following reliefs : (a) Writ order or direction in the nature of Writ of mandamus commanding the opposite parties not to create hurdles and impediments or obstructions in the performances of Darshan, pooja, Aarti and Bhog etc. of Shri Ramji Virajman at Ram janam Bhumi as well as of the place of birth of Shri Ram Ji i. e. Janam Bhumi at Ramkot, Ayodhya by Hindus. (b) Writ in the nature of mandamus commanding the opposite parties to allow the pujaris to perform Pooja. Aarti and Bhog etc. of shri Ram Lala Virajam (the deity) at Shri Ram Janam Bhumi in ramkot at Ayodhya in District Faizabad and also to restrain them from creating hurdles and impediments and obstructions in the performance of necessary rituals by the pujaristand structure through the Pujaris. (c) Writ of mandamus be issued to opposite-party to preserve and protect the material of historical importance found in the debris of demolished structure at Shri Ram Janam Bhumi, Ayodhya. The petitioner has prayed for such further reliefs as this Court may deem fit.
Fact of the Case:
The petitioners case is that the petitioners association between and has got faith in the Majesty of Lord shri Rama. Lord Shri Krishna and Lord Shri Shiva etc. and has got faith and belief in Vadas,, Shastras, Smritis, Puranas and in the cultural heritage of this country and as all Hindus do as well.
Finding of the Court:
The petitioners case is that thus, the order passed by the Civil judge, Faizabad, was confirmed by this Court and it was directed that deity shall not be removed and that no interference with the Puja, Archana etc. "will be made, and was allowed to continue it as at present carried on.
Issues: The issues involved in the case are whether the petitioners have the right to have Darshan and Puja etc. of Shri Ram lala Ji and the opposite-parties have no right to, create any hurdles or or obstruction in the exercise of petitioners as well as of Hindus fundamental right of religion and faith and their right to perform Puja and have darshan of Shri Ram Lala Ji in Ram Janam Bhumi in general the opposite-parties are not entitled to restrain or depaive Hindus of their right to have Darshan and Puja.
Ratio Decidendi: The court held that the petitioners and the Hindus in general have got the right of Darshan and Puja etc. The petitioners have submitted in the petition that there is no doubt that State has the duty of maintaining law and order as well as has got power of regulating the entry of persons in the temple but it cannot deny the right of visiting the place of having Darshan and Puja etc. It is the duty of every one that everyone should obey law and respect the order issued by the court including the interim orders granted and issued by the courts and to see that the said orders are not rendered negatory nor are the citizen deprived of their fundamental and legal rights.
Final Decision: The court allowed the petition to the extent that the opposite-parties are commanded by issuance of writ of mandamus directing them to allow the petitioners, the Hindus and devotees of Shri Ram ji to have Darshan in a meaningful manner at Ram Janam bhoomi, Ayodhya from such a distance which may not be disproportionate and too far off, with reference to devotees and pilgrims view and the vision from outside but taking note of the security of the idol as well as the surrounding circumstances prevailing. The opposite parties are further directed to consider the matter with reference to the protection of idols and the properties and articles relating to the idols as well as to take note of the conditions in which idol and pujaris are to live and perform the Puja during this winter season as well as during summer and rainy seasons and whether a cloth canopy would be sufficient and suitable arrangement should be made to save the idol and the property relating to idol and the Pujaris from the vagaries and agony of the weather. However the opposite parties and other State authorities are free to take independent decision regarding control of law and order problem in accordance with the needs of situation and to regulate entry of the devotees and pilgrims with a view to maintain law and order situation and the security of the idol of Shri Ram Lala and others and the articles and properties relating thereto and that of the pujaris. The opposite parties are further directed to preserve and protect the material and articles of historical/archeological importance which have been or may be found on the spot in the debris of demolished structure or in the nearby area.
Hari Nath Tilhari, J.
1. This petition has been filed by Hindu Adhivakta sangh for issuance and grant of the following reliefs : (a) Writ order or direction in the nature of Writ of mandamus commanding the opposite parties not to create hurdles and impediments or obstructions in the performances of Darshan, pooja, Aarti and Bhog etc. of Shri Ramji Virajman at Ram janam Bhumi as well as of the place of birth of Shri Ram Ji i. e. Janam Bhumi at Ramkot, Ayodhya by Hindus. (b) Writ in the nature of mandamus commanding the opposite parties to allow the pujaris to perform Pooja. Aarti and Bhog etc. of shri Ram Lala Virajam (the deity) at Shri Ram Janam Bhumi in ramkot at Ayodhya in District Faizabad and also to restrain them from creating hurdles and impediments and obstructions in the performance of necessary rituals by the pujaristand structure through the Pujaris. (c) Writ of mandamus be issued to opposite-party to preserve and protect the material of historical importance found in the debris of demolished structure at Shri Ram Janam Bhumi, Ayodhya. The petitioner has prayed for such further reliefs as this Court may deem fit.
2. The petitioner-claims to be a registered association of Hindu activists with its main object to preserve and protect the rights and interests of Hindus and to struggle and fight in accordance with for protection and preservation of legal and constitutional rights of Hidus as well as to protect and preserve Hindus Shrines and to introduce reforms in hindu society as another object and legitimate goal including its further object to fight against the anti-national and anti-constitutional anti-social activities and against all persons engaged therein or interested in creating anti-social activities and atmosphere.
3. The petitioner has asserted in this writ petition that the petitioners association between and has got faith in the Majesty of Lord shri Rama. Lord Shri Krishna and Lord Shri Shiva etc. and has got faith and belief in Vadas,, Shastras, Smritis, Puranas and in the cultural heritage of this country and as all Hindus do as well.
4. The petitioner in the writ petition has further alleged that once upon a time at the birth place of Lord Shri Ram, namely Janam Bhumi (Ram Janam Bhumi Sthan in Ramkot at Ayodhya District Faizabad there existed a glorious temple of Bhagwan Shri Ram with allied deities. The petitioner has asserted that in 1528 a Mughal invader Babar, through his commander Mir Baki tried to demolish the said temple and also tried to convert the said temple into mosque. But due to great resentment of hindu public, he could not fulfill his mission of converting the structure of temple into mosque. The petitioner has alleged that from to time there has been good number of fights between Hindus and Muslims in connection with the construction and land on which it existed i. e. land in dispute i. e. Shri Ram Janam Bhumi. Inspire of the best efforts to resolve the matter between the Hindus and Muslims, the same could not be resolved till the day of independence and thereafter and friction was created between the two communities. The petitioners case is that there were Kasautes pillar, with engraving of Hindu Gods and Goddess thereon, of the temple, everywhere used them and in three doms structure were constructed by the Britishers on the said pillars as well as to give the same shape of the mosque to the three domes were constructed. The petitioners submit in the writ petitioners that the Hindus have all all along been in use and occupation of disputed construction and Shri Ram Janam Bhumi and building existing thereon and have been offering Puja etc. and doing all that was necessary to perform Puja of Shri Ramji.
5. The petitioner further averred in the writ petition that some trouble arose in 1949 as well and the Muslims tried to disturb the Hindus rights of Darshan, Puja and Archana etc. This resulted in the filling of a suit by Gopal Singh Visharad, a devotee of Lord Rama impleading s
