SPECIAL REFERENCE NO. 1/93 UNDER ARTICLE 143(1) OF THE CONSTITUTION OF INDIA (WITH OFFICE REPORT) (FOR DIFRECTIONS) Vs. ABC

JUDGEMENT

(1.) This is a Presidential Reference under Art. 143 of the Constitution of India referring the following question for the consideration and opinion of this Court:

(2.) We have heard the learned Attorney General on the Reference. Sri R. K. Garg, learned Senior counsel sought leave to raise a preliminary objection to the Reference on behalf of U.P. Sunni Wakf Board, plaintiffs in the transferred suit No. OS 4/89 said to be pending in the High Court of Allahabad, Lucknow Bench. Similarly, Sri OP Sharma, learned Senior counsel on behalf of Mohd. Aslant @ Bhure, said to be a petitioner in writ petition Nos. 972 and 977 of 1991 on the file of High Court of Allahabad where related questions are said to be pending, also wanted to make his submissions as to the parties who should be permitted to participate.

(3.) The contention of Sri R.K. Garg, is that before the purported Reference could even be taken up for hearing the Court should decide, as a preliminary question, whether this can be said to be valid Reference under Art. 143 at all. He placed his submissions as to why, according to him, a question of this kind cannot be entertained as a Reference.