Bolster Gyanvapi evidences submitted in SC in desire of Hindu declare.

Dhananjay Mahapatra | TNN | New Delhi | May 23, 2022:: Five Hindu ladies plaintiffs have advised the Supreme Court that all the Gyanvapi mosque land belonged to Kashi Vishwanath temple and cited the British executive’s trial court docket commentary repudiating a Muslim’s 1936 go well with for a declaration that the mosque land was once a wakf belongings.

In a sworn statement responding to the petition by way of Committee of Management, Anjuman Intezamia Masjid, Varanasi, looking for quashing of survey of Gyanvapi mosque, the plaintiffs thru recommend Vishnu Shankar Jain stated the British executive had rightly taken a stand that the land belonged to the temple as a result of , because it was once by no means a wakf belongings, the Muslims can’t declare it to be mosque.

The plaintiffs stated, “Historians have confirmed that Mughal emperor Aurangzeb had issued ‘farman’ on April 9, 1669 for demolition of the temple of Adi Visheshwar (Kashi Vishwanath) at Varanasi. There is nothing on record to establish that the then ruler or any subsequent ruler has passed any order to create a Waqf over the land in question or for handing over the land to any Muslim or body of Muslims.”

“A mosque can also be built handiest over the valuables devoted by way of waqif, who must be the rightful proprietor of the valuables. Construction raised underneath the orders of any Muslim ruler or by way of any Muslim over the land of a temple can’t be construed as mosque,” they stated.

The mosque control committee had claimed thru senior recommend Huzefa Ahmadi that Muslims had been appearing wuzu and providing namaz on the mosque since time immemorial or a minimum of 500 years whilst looking for Muslims’ get admission to to the sealed wuzu khana the place purportedly a Shivling was once found out lately all over a court-ordered survey.

The plaintiffs stated, “Any tremendous construction created over the temple land, by way of Muslims, can also be just a construction and can’t be considered a mosque… Deity Adi Visheshwar is continuous as de jure proprietor of all the land of Settlement Plot No 9130, 9131 and 9132 in Mauza Shahar Khas, Tahsil and District Varanasi. The land does no longer belong to any Muslim, frame of Muslim or Waqf board,” they stated.

“Without impleading a Hindu birthday celebration, one Deen Mohd had filed civil go well with 62 of 1936 making the secretary of state for India thru District Magistrate, Benares, and Anjuman Intezamia Masjid, Benares, thru secretary, for granting a declaration that the Plot bearing No. 9130, measuring 1 Bigha 9 Biswa and six Dhurs along side enclosure all spherical described within the plaint, was once Waqf in ownership of that plaintiff and different Musalmans had proper to mention their prayers specifically Alvida prayers and workout different spiritual rights,” they stated.

In the go well with, on behalf of the Secretary of State for India in Council, a written commentary was once filed refuting the plaint. Annexing a replica of the commentary on behalf of the secretary of state with their affidavit, the plaintiff’s quoted it – “the idols and the temple which stand there exist since long before the advent of the Mohammadan Rule in India.”

In paragraph 11, the British executive had stated – “It is submitted that the non-Muslims have been using the land for their religious purposes as a matter of right and have got a right of way over it.” In Paragraph 12, it had stated – “The land in query was once by no means stamped with the nature of ‘Waqf’ land. It was once by no means devoted to God, nor may just it had been devoted and God has no proprietary passion.

” It had additional stated that – “The Mohammadans of that time or for the matter of that Aurangzeb himself was not the owner of the site in which the old temple of Vishwanath existed and which was demolished by Aurangzebowing owing to the religious antipathy, hence it could not have been dedicated according to the true spirit of the Mohammadan faith.”

The plaintiffs stated, “The deity is not going to lose its rights handiest given that all over overseas rule the temple was once considerably broken as the proper of the deity over the valuables isn’t misplaced and the proper of worshipers to accomplish pooja of the deity and the Asthan is secure underneath Hindu Law. They additionally cited the SC’s 1997 judgment in addition to extracts from Skand and Shiv Puranas on Kashi Vishwanath temple to enhance their declare.


Courtesy: TOI.

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