In a glance: Arguments in support of ownership right of Lord Vishweshwar, deity of Kashi Vishwanath, over Gyanvapi
It is Adv. Rastogi's main contention that the property, where presently Gyanvapi mosque stands, was never owned by Muslims or was never claimed as a Waqf property before the year 1936. He has submitted that there is no documentary proof prior to 1936 to establish their claim.
In the ongoing hearing pertaining to the Kashi Vishwanath-Gyanvapi dispute case(s) before the bench of Justice Prakash Padia at Allahabad High Court, Advocate Vijay Shankar Rastogi, the court-appointed next-friend of Lord Vishweshwar today submitted,
"If a historical wrong has been done by the previous sovereign regime, the aforesaid matter can be adjudicated by the Municipal Court of the present sovereign regime."
It is Adv. Rastogi's main contention that the property, where presently the Gyanvapi mosque stands, was never owned by Muslims or was never claimed as a Waqf property before the year 1936. He has argued that the land in question is the land where the original temple of self-manifested Lord Vishweshwar, the diety of Kashi Vishwanath, was situated and he holds its ownership since ancient times.
Following are the main submissions forwarded by Adv. Rastogi before the high court:
- On 14.01.1765 a new sovereign was established in Benaras and the Zamindari of Benaras was given to one Balwant Singh.
- Original Suit no. 62 of 1936 (Din Mohammad and two others Vs. Secretary of State for India in Council through District Magistrate and Collector, Benaras) was filed by the plaintiffs in their personal capacity not their representative capacity.
- In the written statement filed on behalf of the defendant/Secretary of State for India in Council, it was denied that the land in question was Waqf land and it was never dedicated to God.
- Aforesaid suit was decided on 25.08.1937 by the Additional Civil Judge and the limited reliefs granted in the aforesaid suit would not be benefited all the persons of the Muslim community.
( In 1936, Deen Mohammad and two others had filed a suit before a Varanasi Court for granting declaration that the disputed land was Waqf and was decreed that Muslims had the right to say their prayers especially ‘Alvida’ prayers and to exercise other religious and legal rights as the need and occasion arise.)
-In the aforesaid Suit, Hindus as the deity Swayambhu Lord Vishweshwar (Vishwanath), the Anjuman Intezamia Masajid (society) as well the U.P. Muslim Board of Waaqf, Lucknow were not parties, hence the judgment passed in the said case is not binding upon the Hindus in General and the Hindu deity's.
- Definition of the temple mentioned in Sub Section 9 of Section 4 of the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 passed by the U.P. Legislative Assembly provides that rights of the ownership of this Temple and its endowment are vested in the Diety of Sri Kashi Vishwanath, i.e., Lord Visheshwar which is itself mentioned in Section 5 of the Act, 1983.
(Validity of Act, 1983 has been challenged up to the Top Court and in the case Sri Adi Visheshwara of Kashi Vishwanath Temple Varanasi & others Vs. State of U.P. and others reported in 1997, it affirmed the validity of the Act.)
- As per the provision of Section 5, the State only takes care of the management of the Temple and the owner of the temple property is only the Deity of Sri Kashi Vishwanath.
- The diety of the temple is Swayambhu (self-manifested) and is also Jyotirlinga which has long religious history that has also been mentioned in Puranas.
- The religious character of this place of worship remained the same as on the day of August 15, 1947, therefore, the provisions of the Place of Worship Act, 1991 cannot be applied in the instant case.
Background of the matter
Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others had filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus. The proceedings in this suit before the local court have already been stayed by the high court.
The Anjuman Intezamiya Masajid Varanasi knocked on doors of the high court against the proceeding before the lower court in which an ASI survey had been ordered. The High Court has stayed the ASI survey.
A total of five matters involving the same issue have been clubbed by the high court and are being heard together.
Case Title: Anjuman Intezamiya Masajid Varanasi v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others and connected matters