Ayodhya Case : Parties Submit Written Submissions In SC On 'Moulding Of Relief'
On October 16, the 5-judge Constitution Bench of the Supreme Court reserved its judgment in the Ayodhya land dispute matter and asked all parties to submit their "moulding of relief" applications within 3 days. Today, the Hindu parties individually submitted their notes on what alternate relief they sought, if the primary relief of title/ownership was not granted to them, while all Muslim parties jointly submitted their note in a sealed cover.
The Hindu parties have taken objection to Muslim parties submitting the note in sealed cover.
"The practice of filing written submissions in sealed cover is not permissible as it encourages address to the court in secrecy, keeping the other party in the dark", stated the letter written by the counsel for Hindu parties to the Secretary General of SC, requesting for the return of the sealed cover submissions.
The Akhil Bharat Hindu Mahasabha, in its written submission, has pressed for the need to provide for the governing and administration of the decreed property and sought the setting up of a body of persons or a trust to ensure that the purpose of the decree is carried out in letter and spirit. The Mahasabha has asked the Court to establish a trust so it can be determined "who will be entitled to and liable to raise construction over such land".
It has also been stated that the Court has the powers to set up a public trust and may "lay down the scheme for the management of the trust property." Other than laying down the scheme for administration of the property by trust that is nominated by them, the Court could also direct "any authority or the appropriate Government to constitute such trust which may be able to administer and management of the property decreed in favour of the party concerned which may have proper management over the income and expenses incurred therein."
By referring to Section 5 of the Charitable Endowments Act 1890, the submission has highlighted the powers of the governing body which could look into the administration of the property and lay out a scheme for the same. Section 5 provides for the appointment of a Treasurer, modification of the the settled scheme of administration and operation of modification of scheme as decided by the body.
The written submissions conclude by urging the Court that the relief could be moulded as the "situation may warrant for implementation of the decree" to be ordered by the Court.
The Akhil Bharatiya Sriram Janam Bhoomi Punaruddhar Samity also filed its written submissions through its lawyers where it has been requested that in the interest of maintaining public order and to promote communal harmony, and "for the purpose of doing complete justice between the parties after considering the reports of the Mediation Committee", the Court has been urged to pass a decree in favour of the Ram Lalla (the deity) and the Janmabhoomi.
Additionally, concurring with the Mahasabha, the Punaruddhar Samity has also asked the Court to settle a scheme for the administration and governance of the premises and the Temple situated therein. It has been requested that a Trust be constituted, consisting of the Hindu parties who contested the case as representatives of Hindus, under the scheme that the Court is to settle and a direction to the Central Government be given, who is the absolute owner of the land, to deliver the land to the abovementioned Trust.