Attorney-General Soli Sorabjee told the court then that allowing the temporary use of the undisputed land for a brief duration for the performance of a symbolic puja would not constitute a violation or the status quo. He said the requirement of status quo pertained only to the “disputed land’. He argued forcefully that a symbolic round of puja, with 300 to 400 sadhus participating and kar sevaks being allowed to watch from a distance without actually entering the land, could be considered. The Supreme Court, however, over-ruled the Attorney-General’s contention. A three-Judge Bench ordered that “no part of the acquired land shall be handed over to anyone by the Central government.” It added: “The same shall be retained and no part will be allowed to be used for any other purpose till further orders.” The court ordered that no religious activity should be allowed on the acquired land. The Bench, comprising Justices B.N. Kirpal, G.B. Partanaik and V.N. Khare, categorically said: ‘We direct that on 67.703 acres of land located on plot no. 159/60 in village Ramchandrapuram vested in the Central government, no religious activity of any nature by anyone, including bhumi puja, shila puja and shila daan shall be allowed till further orders.’

The following day the court clarified that the order covered the whole area vested with the Central government and not just the two revenue plots mentioned in the order. The clarification was issued after VHP leader Ashok Singhal claimed that the order covered only the two plots, whereas the acquired land encompassed over 100 revenue plots. Therefore the VHP was free to go ahead with its shila daan elsewhere on the acquired land, Singhal had insisted. The courts modified order stated: “In the mean-time, we direct that on this 67.703 acres of land located in revenue plot nos 159 and 160 in village Kot Ramchandra, as well as and including the land described in the schedule to the Acquisition of Certain Area at Ayodhya Act, 1993 (Act No 33/1993), which is vested in the Central government, no religious activity of any kind by anyone, either symbolic or actual, including bhumi puja or shila puja shall be permitted or allowed to take place.”

It is this order that the Central government now seeks to get vacated. Obviously the government has decided to consider the VHP’s demand of handing over the undisputed extent of land to it. On January 3 the VHP demanded that the government hand over the undisputed land before a Dharma Sansad, a parliament of holy men, began in New Delhi on February 22. The VHP warned the government about a “people’s movement” should it fail to meet the demand. The Dharma Sansad is expected to announce yet another programme for the construction of a Ram temple in Ayodhya.

“The Margdarshak Mandal is meeting on February 21, while the Dharma Sansad is meeting from February 22 to 24 to discuss the Ayodhya issue. We demand that our land be returned to us before that,” VHP senior vice-president Giriraj Kishore said in New Delhi. He said the VHP had constituted a committee to implement the decisions of the Dharma Sansad. This panel, led by S.C. Dikshit, former Director-General of Police, Uttar Pradesh, and former BJP Member of Parliament from Varanasi, includes senior VHP leaders Rajendra Singh ‘Pankaj’ and Champat Rai. “We have no faith in the politicians. We will follow every word of the decisions taken by the Dharma Sansad,” Giriraj Kishore declared. He said that unlike last year the VH P would not allow itself to be taken for a ride by the government this time.

The government, too, it is clear, has agreed to play ball with the VHP this time, at lease to the extent possible. Minister Jaitley has defended the government’s stand and rejected the Opposition charge that it had indulged in communal politics by moving the Supreme Court. He said it was the only logical course open to prevent a Hindu-Muslim confrontation. Asserting that the government would make every effort to achieve a negotiated settlement on the temple issue, Jaitley said the appeal filed in the Supreme Court was a step in this direction. “It is perfect and only in consonance with the NDA agenda of finding a speedy solution,” he said.

Indeed, it was only a matter of time before the BJP made its actual intentions on the temple issue known. Once the party outlined its poll strategy for the States going to the polls later this year, it was clear that it had decided to fall back on its old staples of the Ram temple, a uniform civil code and Article 370. On January 20 the BJP declared that the party would fight the elections in Madhya Pradesh, Chhattisgarh, Rajasthan and Delhi - where the Congress is in power - on the poll planks of temple, civil code and Article 370. This was decided at a high voltage meeting in which Kailash Joshi, Rainan Singh, Vasundhararaje Scindia and Madan Lal Khurana, the chiefs of the party in Madhya Pradesh, Chhattisgarh, Rajasthan and Delhi respectively, were present. The BJP’s five national general secretaries were present, as were party president M. Venkaiah Naidu and Deputy Prime Minister L.K. Advani.

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