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THE CONDUCT OF THE NARASIMHA RAO GOVERNMENT: CIRCUMSTANCES LEADING TO THE KAR SEVA IN JULY 1992, AND ITS SUSPENSION |
1.1. The contents of the
previous chapter (Chapter IV) bring out the distortions and contradictions
in Indian politics, particularly that of the ex-Congress and Left parties,
because of their lack of ideology and commitment to their professed principles.
There is complete divorce between what most of them talk in private and
what they declare in public and also between what they repeatedly declare
and what they ultimately do. The greatest casualty has been truth. Nothing
exposed this farce more than the Ayodhya issue. But the worst offender
in this regard is the present government - particularly the Prime Minister,
Shri P.V. Narasimha Rao. The previous chapter, which brings out how the
Rao Government had all the evidence to take a decision and yet did not,
is only a preface to its devious conduct, particularly from May 1992 onwards.
How the Narasimha Rao Government - and Shri Narasimha Rao himself -- who
repeatedly charge the BJP Government in Uttar Pradesh and the BJP leaders
with betrayal, actually betrayed everyone - its own Cabinet Ministers who
worked to solve the issue, the Sants and the BJP-VHP-RSS leaders who met
and trusted the Prime Minister, the leaders of the Muslim organisations,
and finally the country itself - will be evident from the irrefutable facts
that emerge partly from Chapter IV and fully from Chapter V and Chapter
VI. The narration of the circumstances leading to the Kar Seva in July
1992 in the present Chapter and the circumstances leading to the Kar Seva
in December 1992, will establish who betrayed whom and who was perfidious
- the BJP, its Government in UP, the Sants, and the RSS Parivar, or the
Government in Delhi and the Prime Minister himself’?
The background to the decision to resume Kar Seva in July 1992 2.1. The barbaric massacre
of Karsevaks by the Mulayam Singh Government in October-November 1990 had
resulted in unprecedented anger and indignation all over the country. Yet
there was no riot anywhere. The anger was only directed against the V.P.
Singh Government at the Centre, the Mulayam Singh Government in Uttar Pradesh,
and the pseudo-secular parties, and not against any particular community.
Not a single Muslim wits hurt in any part of the country as a result of
the firing on the Karsevaks in Ayodhya.
Installation of a Minority Government to avoid and defer elections because of the Hindu wave 2.2. As there was perceptible
anger and indignation against pseudo-secularism and a sweeping Hindu wave
in BJP’s favour, no party other than the BJP was willing to face elections.
A minority government led by Shri Chandrashekhar was sworn in in November
1990 with the support of the Congress Party which, despite Shri Rajiv Gandhi
at the helm was unwilling to form a Government mainly because of the Ayodhya
challenge.
The Ayodhya movement leaders and BJP help to bring down the national temperature 2.3. One of the first acts
of the minority Government was to reduce the temperature in national politics
- a national task in which, it was the Ayodhya movement leaders and the
BJP who helped more than anyone else. Despite the fact that the national
atmosphere had swung in favour of the BJP, the BJP and the Ayodhya movement
leaders planned for a peaceful Satyagraha at Ayodhya for Kar Seva. Although
a more aggressive campaign could have been thought of, the BJP saw that
it was not in the over all national interest.
Massive Satyagraha at Ayodhya - not a stone thrown at the, structure, no one hurt 2.4. The Kar Seva Satyagraha
at Ayodhya was massive - over 2,50,000 Karsevaks were arrested during the
period from 6th December 1990. Not a single untoward incident took place,
in Ayodhya or elsewhere; no one was hurt, not even a stone was thrown on
the disputed structure. The Central Government handled the issue with equal
responsibility, and sensing the public mood the Mulayam Singh Government
too fell in line.
Kar Seva Satyagraha at Ayodhya, and talks between VHP and AIBMAC at Delhi 2.5. Even as the Kar Seva
Satyagraha was on, simultaneously talks were on between the VHP and the
Masjid groups. An important participant, in fact, an inspiration and instrument
along with Shri Sharad Pawar in the talks, was Shri Bhairon Singh Shekhawat
who was the Chief Minister of Rajasthan and a BJP leader. The Satyagraha
did not affect the talks, nor did the talks impede the Satyagraha; both
went hand in hand. (This can be easily contrasted with the AIBMAC pulling
out of the talks on November 8, 1992 on the ground that the next Kar Seva
date had been fixed - a frivolous charge which the Government has upheld
as its own view too in its White Paper).
Talks snap formally, with the fall of the Chandrashekhar Government 2.6. The Chandrashekhar Government
had specified the only relevant issue - whether a Hindu structure existed
at the site before the mosque - for determination and the talks proceeded
with highly productive results. But with the fall of the minority Government,
the ongoing interaction between the two sides under the aegis of the Government
also got suspended. The next meeting of the two sides was scheduled for
24-25 January 1991. But the Masjid groups and their representatives absented
themselves on the 25th.
Parliamentary elections, and the mandate to build Rama Temple at Ayodhya 2.7. The General Elections
were called in May 1991 and fought by the BJP on the Mandir issue and all
that flowed from it, namely, on the issues of secularism, communalism and
nationalism, besides Swadeshi. Halfway through the election process (when
nearly half of the country had already gone to polls), the nation faced
a great tragedy - Shri Rajiv Gandhi was assassinated. This acted as a turning
point in the electoral process - the Congress emerged as the single largest
party in Parliament with 246 seats and the BJP second with 119 seats. The
Economist wrote that ‘the winner came second’. This was how the
Ayodhya issue dominated the electoral scene in 1991. The minority Congress
Government under Shri P.V. Narasimha Rao assumed office at Delhi in June
1991 and the BJP Government under Shri Kalyan Singh assumed office at Lucknow.
It was the admitted position that the BJP Government in UP had an electoral
mandate, in fact, a democratic obligation, to help build the temple at
Ayodhya after removing all hurdles to the construction. Thus from being
a subject of agitation, the objective of the Ayodhya movement had become
the part of the Government’s democratic responsibility. This marked a qualitative
change in national politics, as compared to the period from 1984 to June
1991 when Shri Rajiv Gandhi, Shri V.P. Singh and Shri Chandrashekhar were
successive Prime Ministers.
The present Government’s advantage over its predecessors 2.8. Thus, as compared to
the previous Prime Ministers, Shri Narasimha Rao had an advantage - the
advantage of an electoral verdict and, in fact, an electoral mandate for
the Rama Temple at Ayodhya. Although the verdict was secured by the BJP
as its mandate, it was nevertheless a people’s verdict. In any negotiation
to solve the dispute, this mandate would have been a rational argument
for a neutral government to help to solve the, problem. Thus, the present
government was placed in a relatively advantageous position to effect a
solution as compared to the earlier Governments. (As would be seen later,
far from using this advantage the Narasimha Rao Government worked to defeat
it as part of a political strategy to humiliate the BJP and see to it that
the BJP does not redeem its electoral commitment.)
BJP works on non-agitational alternatives; Kalyan Singh Government’s plan with a vision 2.9. In view of the national
problems, particularly on the economic front, the BJP extended the most
constructive cooperation to Shri Narasimha Rao and his Government. In fact,
this support was at a cost to the BJP itself. Again, considering that there
were other alternatives like dialogue between VHP and AIBMAC as the Chandrashekhar
Government had initiated, and legislative and acquisition options for solving
the Ayodhya problem and commencing the Temple work, the BJP was intent
on pursuing such non-agitational options. With this objective, ‘the BJP
pursued a line without agitational programme on Ayodhya during the period
from July 1991 to June 1992. But being in power only in Uttar Pradesh,
the BJP could not pursue both the options. Because the first alternative
was not in the hands of the BJP as being a party to the dispute and a protoganist
of the Temple’ and not being in power in Delhi, it could not have recommenced
the dialogue on its own. But with the limited constitutional and legal
authority it had for pursuing the second alternative, that is, for acquisition
if not legislation, the Kalyan Singh Government in UP chalked out a plan
with a vision which, in the short ran, reconciled its mandate with the
stand of the Masjid groups and all major political parties on the dispute
regarding the Ayodhya structure.
The Kalyan Singh Government delinks Kar Seva from the dispute as to the structure, consistent with the stand of all parties 2.10. The Uttar Pradesh Government divided the Ayodhya issue in two parts, more accurately in two phases. The first phase was the commencement of Temple construction on the land adjacent to the disputed structure; and the second phase was the resolution of the dispute regarding the Babri structure. Surveying the official stand
of all political parties on the Ayodhya issue, it was evident that no political
party in India was opposed to the construction of the Temple at Ayodhya
and every party was for construction of the Temple without demolishing
the disputed structure. The disagreement was only on how to deal with the
structure. The non-BJP parties were for resolution of the fate of the disputed
structure by dialogue or by judicial adjudication. There being virtual
national consensus on building the temple without affecting the existing
structure, the Uttar Pradesh Government, acting with great wisdom and foresight,
decided to delink the immediate issue of construction from the long term
issue as to the fate of the structure. This was possible because the architectural
plan and engineering charts showed that it would take not less than two
to two and half years for the construction on the adjoining site to be
completed, and this time lag could be used to decide the fate of the structure
by negotiation, and judicial adjudication or opinion, or by legislation.
This sensible proposal which hurt no one’s interests or sensibilities was
conceived after considerable thinking. In fact, the White Paper issued
by the Narasimha Rao’s Government admits on the very first page that from
1991 the Temple movement aimed at construction leaving the disputed structure
intact.
Uttar Pradesh acquires 2.77 acres of land in front of the structure, including 2.04 acres from VHP itself for construction and Kar Seva 2.11 In order to implement
the proposal to delink the immediate issue of Kar Seva from the ultimate
fate of the disputed structure and to enable the Kar Seva and construction
to proceed without any impediment, the Kalyan Singh Government issued two
Notifications on 7th and 10th October, 1991 acquiring a total of 2.77 acres
in front of the disputed structure. This was for the purpose of promoting
tourism and providing for amenities to tourists which was later explained
in court by an affidavit as for construction of the Temple. The objective
of the acquisition was to make available the 2.77 acres after acquisition
to the Ramajanmabhoomi Nyas which was in charge of construction of the
Temple. The acquisition was so designed that a substantial area abutting
the structure as well as the access to it was left intact. Again, out of
the 2.77 acres, 2.04 acres was acquired from the VHP itself which had earlier
acquired it by purchase or gift from the previous owners. This 2.04 acres
was included in the acquisition Notification with the knowledge and consent
of the VHP so as to perfect its, title and so that no one could later raise
any title dispute about the 2.04 acres. Thus, the land acquisition of the
Uttar Pradesh Government was mostly in respect of the land belonging to
the VHP and only about 20% of the acquired land could be said to be disputed
land out of the total acquisition of 2.77 acres.
The acquisition challenged, and subject to interim injunction that set at naught the object of the acquisition during the pendency of the case 2.12. This politically wise
and constitutionally acceptable acquisition order was also challenged in
Writs in High Court and Supreme Court. The result was interim injunctions
by the High Court, and later by the Supreme Court, allowing the acquisition
and possession to take effect, but, preventing its use for purposes of
constructing permanent structure and alienation. The Allahabad High Court
order dated 25th October, 1991 and the order of the Supreme Court dated
15th November, 1991 virtually set at naught, at least so long as the said
orders operated, the very object of the acquisition, namely, to allow the
Kar Seva and construction on the land adjoining and in front of the structure
and delinking it from the decision as to the structure. Thus, the objective
to overcome the immediate problem of construction and to get adequate time
for dialogue and discussions, and if that did not yield result, for legislative
solution, was thwarted through judicial injunction.
The UP Government, the BJP and the Supreme Court expected the High Court to take up eye case for final disposal in December 1991 2.13. The UP Government and the BJP thought that the Writs against the acquisition would be decided expeditiously, considering the narrow issue involved - whether the acquisition offended the religious rights of Muslims and whether it was colourable. They, therefore, decided to await the outcome of the Writs. The Writs were expected to be disposed of by end 1991 itself. This is evident from the order of the Supreme Court dated 15th November 1991. This order was passed by the court when two more Writs challenging the acquisition were filed in the Supreme, Court, even though two similar Writs were pending against the acquisition in the Allahabad High Court on which the High Court had passed injunctions against the alienation of and permanent construction on the land. The order of the Supreme Court read:
Thus the Supreme Court expected
the High Court to take up the acquisition Writs for final disposal in “December
of this year” that is December 1991. It is on this ground the Supreme Court
rejected the plea for transfer of the Writs pending in the High Court to
the Supreme Court, but, instead made the reverse order - transferred the
three Writs filed against the acquisition in the Supreme Court to the High
Court for “analogous disposal”, that is to say, for final disposal in December
1991.
The delay in Allahabad High Court - December 1991 gone, and so also January 1992, February 1992, March 1992 and even April 1992 2.14. Thus the Ayodhya movement
leaders and the BJP had every reason to expect that the acquisition case
would be finally heard in December 1991 by the Allahabad High Court. It
was not heard in December, 1991 not in January 1992, or February, or March,
or April, or even May 1992. (In fact, as would be seen later, the hearing
by the High Court concluded on November 4, 1992 and the judgement was delivered,
as if scheduled, after the Kar Seva on December 6, 1992 which resulted
in the demolition.) Thus the Ayodhya movement leaders, the UP Government
and the BJP anxiously waited for the High Court to conclude the hearing.
The hearings were prolonged day after day, week after week, and month after
month, in spite of the fact that a special Bench was exclusively hearing
the matter.
The UP Government wants the decision one way or the other, as even an adverse decision could help construction 2.15. The Ayodhya movement leaders and the UP Government wanted the High Court only to hand in the decision one way or the other because even an adverse verdict striking down the acquisition would also hand over the possession of 2.04 acres out of the total acquisition of 2.77 acres back to the VHP. The Kar Seva and the construction could commence on this 2.04 acres and, if it did, the Kar Seva would be automatically delinked from the fate of the structure which could be settled during the time of construction on the 2.04 acres which would take not less than 2 years. But curiously, even an adverse judgement was not forthcoming. All that happened was delay. 2.16. If this was the position
in respect of a Writ petition which is a summary remedy, the case of the
title suits filed in the years 1959 and 1961 could be well imagined. They
had all continued to remain frozen in a state of suspended animation for
decades already.
While the BJP and the UP Government battle for peace in Ayodhya, the Prime Minister is in deep slumber from July 1991 to April 1992, doing nothing, virtually nothing 2.17. While the judicial
proceedings were going on at snails pace, and gave no hope of reconciling
the mass urge on the Ayodhya issue with the judicial pronouncement on the
acquisition case, the Narasimha Rao Government had virtually forgotten
the Ayodhya issue. From July 1991 to April 1992 the Prime Minister did
nothing, virtually nothing. This despite the fact that the BJP was giving
constructive cooperation to this Government, at great political cost to
itself but, in the national interest. The Prime Minister should have, as
he alone could have, pursued the efforts of Shri Chandrashekhar from where
they had come to an abrupt end. But he was totally unconcerned about this
highly sensitive and emotive national issue despite the fact that the Ayodhya
issue had become the agenda-setter in national politics since 1989 and
had become the most dominant election issue, in 1991.
Sants meet Shri Narasimha Rao in May 1992 to remind him of his responsibility and to announce the decision of Kar Seva in July, and plead with him to restart the VHP - AIBMAC dialogue 2.18. The total inaction of the Prime Minister compelled the Sants (who had decided at their meeting in Ujjain in the first week of May 1992 to start the Kar Seva from July 9, 1992) to sock a meeting with the Prime Minister. The meeting was arranged by Swami Chinmay-ananda (who is also an MP) through Shri Jitendra Prasad, adviser to the Prime Minister, on May 9, 1992. The Sants who met Shri Narasimha Rao were: Mahant Avaidyanathi, Vamdeoji Maharaj, Paramahans Ramachandradas, Mahant Nrityagopal Das, Swami Paramanandji, Swami Chinmayananda, and Pujya Shri Pejawar Swamiji. The meeting took place at 9.00 p.m. Swami Chinmayananda, Mahant Avaidyanath, Vamdeoji Maharaj, Pujya Shri Pejawar Swamiji and Paramahans Ramachandradas have testified as to what transpired at the meeting. The Sants told the Prime Minister:
The Prime Minister who remained silent for most part spoke to the following effect: “I want early solution, and temple construction. But the issue has got mixed up in politics. Politics should be kept away. Dharmic matters should be resolved in dharmic ways. I seek your blessings to resolve it.” To which the Sants responded: “We can keep politics away and find a solution. Proceed from where Shri Chandrashekharji left by arranging to recommence the dialogue with the Muslims”. The meeting ended with the
Prime Minister giving no indication as to what he would do. He did not
ask the Sants not to commence the Kar Seva.
The Prime Minister does nothing even after that - even during May and June 1992 2.19. The Prime Minister
did nothing even after the Sants had pleaded with him on May 9, to continue
from where his predecessor had left. He did nothing throughout the months
of May and June, 1992.
Kar Seva commences on July 9, 1992 2.20. It was under these
circumstances that the Kar Seva commenced on July 9, 1992. This set off
furious activity in Courts and in Parliament. The Kar Seva went on for
17 days, from July 9 to July 26. Nothing untoward happened in Ayodhya or
elsewhere. There was no turmoil anywhere except in Courts and in Parliament.
The July 1992 Karseva was not a snap decision, but a culmination of 21 months history of judicial delay, and Inaction, and neglect by the Prime Minister 2.21. Thus, the Kar Seva in July 1992 was not a snap decision of the Sants taken in Ujjain in May 1992’. It had a background extending balk to the earlier Kar Seva in October L990 - a 21 month run-up. The culmination point of the events from October 1990 was the July Ku Seva, namely,
This is what led to the July
1992 Kar Seva. It was no sudden development or snap decision. It was a
culmination of a 21 month history - history of judicial delay, and inaction,
and neglect of a highly emotive problem by the Prime Minister himself.
The Prime Minister remains unconcerned till July 23, 1992 2.22. That the Prime Minister
took no initiative in the matter till he met the Sants on July 23, 1992
has been implicitly admitted by the Government in its White Paper on Ayodhya.
The White Paper in the chronology on Ayodhya first mentions Shri Narasimha
Rao’s name in the Ayodhya settlement efforts only in July 1992. (See Para
3.10 of the White Paper)
The events from July 9 to 26 - typical response of the courts, political parties and the Government 2.23. The reaction of the Government, the courts, and the non-BJP opposition parties was typical. The chronology of the events is very instructive.
This chronology brings out the
feverish activity when the pressure of the Kar Seva was on. The moment
the Kar Seva was stopped, things went back to square one. This was true
of the Government as well as the courts. Invariably, the courts got activated
only when Kar Seva was announced or under way, and the moment such pressure
eased, the court proceedings too returned to their original speed. Again,
the courts acted, as it were, only to prevent the Kar Seva and not to expedite
the case.
The Sant-PM meeting on 23 July, 1992. The Sants give 3 months time for solution of the dispute as to the structure 2.24. The Sants who met the Prime Minister on 23 July, 1992 have testified about how the meeting came to be arranged and what transpired at the meeting. The summary of their testimony is as under:
This is how the meeting ended
and, as explained later, the Kar Seva was suspended by the Sants.
Kar Seva suspended, things back to square one, the Prime Minister changes track and the Supreme Court drops the idea of transfer of the cases 2.25. The moment the Kar Seva pressure eased, things were back to their frozen state. The Prime Minster’s speech in the Lok Sabha on 27th July, 1992 was at variance with what he had told the Sants on 23rd July, 1992. The Prime Minister told the Lok Sabha: “The Sadhus were coming in the way of stoppage of construction. The Chief Minister (of UP) said he could not shoot them. A constitutional hurdle had to be overcome... I called them in the interest of the nation. They alone could be instrumental in stopping the work” (Indian Express, Madras Edition, 27th July, 1992). The Prime Minister had not told the Parliament what the Sants had said. The Sants had clearly told the Prime Minister that they were giving three months to start from where Shri Chandrashekhar had left, and to solve the problem by handing over the site to the Hindus if evidence was produced to prove that a temple existed before the mosque was constructed. This is precisely what the Prime Minister withheld from the public and the Parliament. The Supreme Court too, finally and on August 4, 1992, dropped the offer to transfer the acquisition cases to itself and decide them again because, according to it, the cases in Allahabad High Court were far advanced. Even the Uttar Pradesh Government which had filed the application for transfer felt that way and did not insist on the transfer on the premise that the High Court cases had advanced too far. Instead, the Supreme Court appointed a 3-member Commission to probe the construction and report whether there had been any violation. And for months thereafter, nothing moved. That inspite of the fact that while concluding its order the Supreme Court had directed: “The High Court will deal with and dispose of the matters most expeditiously.” |
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