A bench of Justices V Gopala Gowda and Arun Mishra, while tagging Swamy's fresh plea with pending civil appeals, said that it cannot separately hear the petition seeking direction to allow construction of a Ram temple in Ayodhya at the site where the disputed structure was demolished in 1992 as a matter of fundamental right.
"Tag this matter with the pending civil appeals. Let parties be served with the copies," it said.
Swamy argued that the Government already given an affidavit that it would pave way for construction of the temple if there are evidence and moreover, there are findings of Archaeological Survey of India to this effect.
At the outset, the bench said that it cannot entertain the "writ petition" when the civil appeals are pending before it and Swamy should either move the High Court for enforcement of his fundamental rights or seek impleadment as a party in the pending civil appeals here.
Swamy had earlier moved the plea for a direction to allow construction of Ram temple in Ayodhya at the disputed site and had mentioned it before a bench headed by Chief Justice T S Thakur for urgent hearing.


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