Gyanvapi Case:Gyanvapi Case: During the hearing of the Adi Vishweshwar Nath Temple mosque dispute in Allahabad High Court on Wednesday, many historical facts were placed. Advocate Vijay Shankar Rastogi, appearing for the Temple side, argued that the Gyanvapi mosque was built by demolishing the Adi Vishweshwar Nath Temple on the orders of Aurangzeb.
“The ownership of the land has remained with the Temple itself. The king is not the owner of the land, he collects the tax. Aurangzeb never took ownership of the land. The boundary wall of the temple complex is thousands of years old, older than the structure of the mosque. Hence the entire complex belongs to the Gyanvapi Temple,” Advocate Vijay Shankar Rastogi said.
Referring to the Supreme Court’s decision in the court of Justice Prakash Padia, advocate Vijay Shankar Rastogi, appearing for the Temple side, said that the mere concept of long use does not confer a traditional right.
“There is no document available as to when the waqf was formed. In the Ram Janmabhoomi temple dispute, the Supreme Court has given the ownership of the land to Murthy. Hence the Gyanvapi complex belongs to the Vishweshwarnath temple,” he said.
He also said that ordinary Muslims do not have the right to offer Namaz in the mosque. In the year 1936, Din Mohammed and others filed a claim in the Banaras Civil Court, which did not get relief. In 1942, the High Court only allowed the plaintiffs to offer Juma prayers. Waqf Board or Anjuman Inaztiya Masajid have not been parties to that civilism.
“It is also said that Akbar had also bought land to build the Allahabad Fort. Aurangzeb had bought land in South India and built the mosque. During the British rule, Lord Curzon built Lord Vishweshwarnath Naubatkhana at the Chatta Gate, there is no Naubatkhana for offering Namaz in the mosque,” Advocate Vijay Shankar Rastogi said.
He said that the condition of the Temple has been clarified in the Kashi Vishwanath Temple Act 1983. The order to conduct the survey of the premises on behalf of the subordinate court of Varanasi has been challenged by Anjuman Inazaniya Masajid Varanasi and Sunni Central Waqf Board.
The court has already stayed the order of the subordinate court till July 31, in which there is talk of getting the premises surveyed by the Archaeological Department. The debate on the Masjid side will be held on July 15.