District Judge Varanasi has passed an order on thre preliminary issue of the maintainability of the suit a direction was made by the Supreme Court transferring the case from the Court of the Civil Judge, to hear a civil suit instituted by five Hindu women seeking the right to worship inside the Gyanvapi mosque, Advocate Sharfuddin Ahmed, National Vice President of Social Democratic Party of India has opined that the sidelinig of the special Act enacted to maintain Communal harmony and brotherhood the Places of Worship (Special Provisions) Act, 1991 may open a Pandora’s Boxin view of challenging situations prevalent in the country.
Elaborating on the issue, Adv. Ahmed said that in the amicus curiae, the courts have to first decide the preliminary issues of jurisdiction and maintainability in the case, because the Act has barred the filing of a civil suit in the case, where even criminal offence is provided in case of filing of such a suit. He further said that the issue before the court was whether or not the case is maintainable? The court, however, has ignored the provisions of the special law regarding the Places of Worship Act, 1991, a writ petition against the order may be filed before a higher court, he maintained.
He said that the party aggrieved by the judgement should file a Writ Petition in the High Court or SLP in Supreme Court to re-examine whether the case is maintainable or not. The SDPI leader criticized the media for creating the unnecessary hpye as if the order of maintainability if final judgement of the suit and amounts to decree against the Muslims, while it is not a final decision. The final decision may take a time, because the proper suit would be contested and evidences would be provided, he said. The court of District Judge has passed an order that only gives the right to continue with the suit and the option to challenge the order is vested in the aggrieved Party.Only after the decisions of higher Courts if the order of tiral court is confirmed,the aggrieved Party further has all the right to contest the case on merits adducing the evidence on every issue at question so the full calm and peace must be maintained.