Warning against giving communal overtone to the issue of disputed structure near Jama Masjid, the Delhi High Court today permitted the ASI to demolish illegal constructions in the area to ascertain whether remains of a Mughal-era structure existed.

The court hoped that better sense will prevail over everyone and the Archaeological Survey of India (ASI) will be allowed to perform its task.

Asking people not to take law onto their own hands or give "unnecessary communal overtone" to the issue, a full bench headed by Acting Chief Justice A K Sikri said they should not seek to draw their own conclusions when the court will be monitoring all aspects.

"Religion is said to be the opium of the masses.It can be both a great unifying factor, but also disruptive of social peace where in the name of a religion, extreme postures are taken.

"It is the bounden-duty of all sane members of the society to ensure that the lives of general public are not affected by posturing on matters of religion," the bench observed.

Issuing a slew of directions to ASI, New Delhi Municipal Council (NDMC) and police to ensure peace and harmony in the area, the court said, "We must note here with regret the endeavour of few miscreants who by their hostile action tend to create a surcharged atmosphere and damage public and private property."

The bench made it clear that such elements should not be allowed to go scot free.

"It is high time that such a group is made accountable both in civil law and criminal law for their misconceived actions."

The court directed the police to bring to book the miscreants, who damaged public and private property and attempted to create a communal incident at the site after the July 20 order.

The bench, also comprising justices S K Kaul and Rajiv Shakdher, asked the police to maintain vigil at the site and ensure that rumour mongering is prevented.

The bench's order came after taking cognisance of the allegation that at the instance of local MLA, a structure was built illegally near the historical monument.

The bench declined the local MLA's plea to allow people to offer prayer during the period of Ramzaan.

"At least, an elected member of the Assembly, who belongs to the ruling government and, thus, a part of the State, should not have resorted to illegal construction.

"The State has no religion. The State is bound to honour and to hold the scales even between all religions. It may not advance the cause of one religion to the detriment of another," the court observed.

"The State has to be neutral in all cases.It cannot be biased or inclined towards any sect on such a scenario," the bench observed.

While dealing with the plea of AKhil Bharat Hindu Mahasabha's claim that there was a Hindu temple at the site, the court left it to the ASI to ascertain the facts.

"A claim is made that there are markings and symbols, which would show that the site was possibly a temple. These are conflicting claims and need to be verified.

"It will be open to the ASI to carry out further digging or any other activity at the site as they deem appropriate for verifying the site position and respective claims," it said.

Following purported discovery of the remains of a Mughal era structure Akbarabadi Mosque on the site near Red Fort during an ongoing work by Delhi Metro, locals led by MLA Shoaib Iqbal had begun building a mosque there earlier this month.

The NDMC had declined to grant permission to any party to carry out any religious rituals till a proper decision is taken and had warned that anybody indulging in construction was liable to prosecution as the said land belongs to the municipal body.