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Upendra Bharti | HENB | Varanasi | July 16, 2022:: In the ongoing Gyanvapi mosque-Kashi Vishwanath temple civil dispute, four of the five Hindu plaintiffs continued arguments opposing the Anjuman Intezamia Masjid Committee’s application challenging the maintainability of their suit.
During the hearing before Varanasi District Judge AK Vishvesha, the legal team led by advocate Hari Shankar Jain and his son advocate Vishnu Shankar Jain, submitted that the religious character of the disputed location did not change when Hindu deities were allegedly demolished and a mosque was built.
In the Maa Shringar Gauri case of Varanasi, Hindu side lawyer Hari Shankar Jain has made a big claim. He said, “Declaring Gyanvapi as a Waqf property is a big forgery. Everyone has been misled. There is no such description on the official website of Waqf Assets Management System of India”.
On this website, the notification of the Waqf of the property of Gyanvapi, the date of registration of the Waqf, the date of formation of the Waqf, the account of the property, the plot number should have been recorded. Despite the property being in the city, it is said to be registered in Manduwadih village area. ‘
‘Correct the mistake of the sword
The other lawyer of Hindu side, Vishnu Shankar Jain said, “The property of the deity cannot be waqf. We want the court to correct the property that Aurangzeb had acquired from the sword, now with its own pen. It can be proved that it is bigger than the sword.” The power is in the pen of law. Shrikashi Vishwanath Temple Act is more effective on the UP Central Sunni Waqf Board formed in the year 1960. The reason for this is that Vishwanath Temple Act is approved by the President.”
‘It is ridiculous that the Gyanvapi property is in the city and it was registered in a village’, Adv Vishnu Shankar Jain added.
‘Waqf Board is occupying many places’
Harishankar Jain said, “Waqf Board is taking possession of government properties in the country in this manner.” The lawyers of Sita Sahu, Manju Vyas, Rekha Pathak and Lakshmi Devi, the litigants of the Maa Shringar Gauri episode, have completed their arguments in the court. He has argued in the court that the Maa Shringar Gauri case is worth hearing. Now the lawyer of the plaintiff Rakhi Singh is going to present his argument in the court on 18 July. Earlier, the Muslim side has claimed from its arguments that the Maa Shringar Gauri case is not maintainable.
‘The Places of Worship Act of 1991 is not maintainable’
‘The property belongs to the temple’ Lawyer Harishankar Jain said, “Ved-Purana, Shastra and Upanishads prove that the entire property belongs to the temple. By forcefully entering anywhere and offering prayers, that property does not belong to the mosque. Our rights were encroached upon. Year 1993”. Prior to this, Vyasji was worshiped in the basement and at different places. He was forcibly stopped by barricading. Under Section 5 of the Shrikashi Vishwanath Temple Act, the property of Gyanvapi is vested in the deity.
In such a situation the Places of Worship Act (Special Provisions), 1991 cannot be applicable in Gyanvapi. These Acts are not effective in places where the right to worship was available before the Worship Act.
The court is currently hearing the maintainability application filed by the masjid panel in the dispute. The masjid panel had argued that the suit is barred under the Places of Worship Act of 1991. However, the Hindu plaintiffs are arguing that the 1991 Act allows their suit and are seeking the right to “prove” the religious character of the disputed site as of August 15, 1947.
The lawyer of the plaintiff Rakhi Singh is to present his argument in the court on 18 July. Advocate Vishnu Shankar Jain conveyed HENB about the next hearing of the case as scheduled on July 20. 2022 accordingly.
On May 20, the Supreme Court transferred the proceedings of the suit by Hindu parties seeking worshipping rights at the Gynavapi mosque to the District Judge in Varanasi. However, the apex court, in its May 17 interim order directing protection of the ‘Shivling’, which was purportedly discovered during the survey in the Gyanvapi mosque, free access to Muslims for offering namaz should remain operational for eight weeks, after the district judge’s decision in the matter.
See this News in Hindi: औरंगजेब ने तलवार से ज्ञानवापी हासिल की, अब कोर्ट कलम से सही करे, बोले वकील विष्णु शंकर जैन
__Inputs from Dainik Bhaskar and The Hindu.