ORDER : There are two Writ Petitions before this Court. One filed by two members of the Bar of this Court and another by three petitioners, one of whom Is a lecturer of Banaras Hindu University. On the first Writ Petition that has been moved before this Court on 25.10.89, we made an order directing issue of notices to all the respondents and also directed hereby to serve copies of the Writ Petitions on the standing counsels for the respondent nos. 1 to 12 and fixed this matter for hearing today. The main question that arises in this Writ' Petition is that communal riots are flaring up in different parts of the States in connection with the Shila Puja Procession and also it has been stated very categorically that 9.11.89 has been fixed as a day for laying the foundation stone of Ram Janam Bhoomi Mandir by the Vishwa Hindu Parishad nearby the Babri Masjid and there is every likelihood of serious breach of communal peace and harmony. It has therefore, been prayed that this Court should issue appropriate directions in order to restrain such religious processions as initiated by the Vishwa Hindu Parishad and to direct the respondents no. 1-12 to take appropriate measures so that no vehicle be allowed to carry the consecrated Shila (bricks) to Ayodhya from their respective States. It has also been prayed that the State of U.P. should also be directed to restrain the movement of vehicles carrying out consecrated Shilas (bricks) in procession for the purpose of carrying the same to Aybdhaya and the Government of U.P. should be further directed not to allow the laying of the foundation stone of the Ram Janam Bhoomi Temple pending the decision of the Allahabad High Court. 2. Both the petitioners who are members of this Bar have eloquently argued before this Court that the only way to prevent any communal flaring up between two major religious communities is to make a prohibitory order prohibiting the religious processions in regard to carrying by truck or any other conveyance the consecrat Shilas (bricks) to Ayodhya on 9.11.89 for the purpose of laying the foundation stone of the said temple.
They, therefore, tried to impress upon this Court that unless this order is made, communal riots will increase and lead to loss of several lives in several States and it will take a very serious turn and will take a toll of number of lives and will also lead to serious breach of peace throughout the country. It has, therefore, been urged by both the petitioners of the first Writ Petition that appropriate orders should be made by this Court to prevent such a A situation. 3. The learned Attorney General on our request brought to our notice the fact that a Writ Petition Criminal No. 422 of 1989 under Art. 32 was filed and the same was taken up for hearing by a seven Judges Bench and after hearing the parties the seven Judges Bench made an order directing the petitioners to approach the High Court with a Writ Petition under Art. 226 of the Constitution as the subject matter of the Writ Petition involves the primary question of maintenance of law and order. Of course, some of the counsels here stated that the subject matter of that Writ Petition regarding Babri Masjid is different front the present one. It appears from the copy of the order made in that Writ Petition produced before us that a direction has been given to the learned counsel for the petitioner that his client might approach the Allahabad High Court for any relief to which he was entitled to and the bench did not express any opinion on the question whether the petitioner was entitled to any relief. 4. As stated hereinbefore the Writ Petition No. 1152/89 has been filed by three petitioners praying almost identical relief. 5. The whole question appears to us in substance is that whether the religious processions carrying the consecrated shilas ( bricks) are allowed to be carried on for the purpose of laying the foundation stone of the Ram Janam Bhoomi Mandir near the Babri Masjid area Will cause a communal disharmony of a serious nature and as such taking of processions by the members of-the Vishwa Hindu Parishad in this connection should be prohibited and more particularly the prohibitory order should bemade prohibiting the laying of foundation stone on 1 9.11.89.
This Court keeping in view the fundamental rights embodied in part III of the Constitution which give right to members of every religion or community the freedom to profess his own religion so long such propagating the religious faith does not violate or contravene the existing laws of the land. Considering these in mind, and also considering the fact that the maintenance of law and order is the primary responsibility and duty of the State Government, we direct the Union Government as well as the concerned State Governments in particular the Government of U.P. to take appropriate action as having regard to the need or expediency against those who are spreading communal riots and thereby indulging in violence creating communal disturbances. If the situation prevailing in any State so requires the State shall take all steps to prevent such communal riots promulgating prohibitory orders prohibiting religious processions and also promulgation of an order under Section 144 of the Code of Criminal Procedure and also to other necessary orders to prevent any breach of peace and also to prevent spreading of communal disharmony amongst the citizens of the State. We also direct the Government of India and the State Governments concerned to take appropriate steps as well as to take severe action against all those who indulge in communal disturbances and spreading communal disharmony amongst the citizens of that respective State. It was brought to our notice, however, by the learned Attorney General that already in connection with CMP No. 5 (o) of 1989 in High Court Suit No. 1 of 1989 (Regd. Suit No. 2 of 1950) that an order dated 14.8.89 has been made by Bench of three Judges of that 5 High Court directing that the party "shall maintain status quo and shall not change the nature of the property in question". Another order has also been produced before us which is CMP No. 43 (o) of 1989 in Suit No. 1/1989 (R.S No. 2 of 1950} where an order has been made to the following effect : 5"That in reply to the contents of paragraphs 13 of the affidavit it is stated that the Government have made arrangements and shall make further necessary arrangements for safety of the disputed building. That the content of paragraph 14 of the affidavit are absolutely wrong, incorrect and are emphatically denied.
That the content of paragraph 14 of the affidavit are absolutely wrong, incorrect and are emphatically denied. It is absolutely wrong and incorrect for the defendant No. 10 to allege that the State Government or the Central Government is in league with the Vishwa Hindu Parishad or the Government are encouraging them by negotiating plan of construction which includes the demolition of the mosque. The Government have not permitted nor negotiated with the Vishwa Hindu Parishad for demolition of the mosque." This order has been made by the same Judges of the Allahabad High Court on 23.10.89. 6. We, therefore, dispose of these Writ Petitions.