Prayagraj, 31st May (Hindustan). The Allahabad High Court has rejected the petition of the Anjuman Arrangement Committee in the matter of regular worship rights of Shringar Gauri located in the Gyanvapi campus of Varanasi. Justice J. J. Munir dismissed the revision petition filed by the Anjuman Intezamia Masjid Committee, Varanasi. After three months of long arguments and hearing both the sides, the court had reserved the verdict in the matter. The petition of the Muslim side has been rejected on Wednesday.
Mrs. Rakhi Singh and 9 other women filed a civil suit in the district court of Varanasi regarding the right to worship at Shringar Gauri. The Anjuman Intezamia Masjid Committee, Varanasi filed an application objecting to the maintainability of the suit that the Court has no jurisdiction to hear the suit under the provisions of the Places of Worship Act, 1991. The court had rejected the committee’s application, which has been challenged in the High Court.
The petitioner argued that regular worship is prohibited by the Place of Worship Act. Because worship will disturb the religious nature of the place, which cannot be done legally. That’s why regular worship should not be allowed here. The civil suit was declared time-barred on the basis of the law of limitation. It was said that an attempt has been made to interfere with the rights of the opposite party by cleverly filing a civil suit demanding the right of worship. Due to which the 1991 law will be violated. Therefore, the suit by Hindu women for regular worship of Shringar Gauri is not maintainable in the district court.
It was also stated in the petition that the temple side has not been able to clarify whether the worship was stopped in 1990 or in 1993. If regular worship is stopped on both these dates, then it is prohibited by the Limitation Act. Civil suit is also barred by the Places of Worship Act. Because, from 15 August 1947 the same status of Gyanvapi Masjid should remain intact. The religious status of the place cannot be changed. This dispute does not come under the Kashi Vishwanath Temple Trust Act. Because the mosque is the property of the Waqf Board and the Waqf Tribunal has the right to hear the dispute regarding the property of the Board. Civil Court has no jurisdiction.
On the other hand, it was said from the Hindu side that Shringar Gauri, Hanuman and Kriti Vaseshwar have been being worshiped since before August 15, 1947, according to mythological evidence. Therefore, the Places of Worship Act of 1991 would not be applicable in this case. They said that after the idol is consecrated in the temple, the ownership of that land vests in the idol. In Hindu law, the indirect idol continues to exist even after the temple is destroyed.
The Hindu side said that Aurangzeb himself demolished the Bhu Vishweshwar Nath temple and the wall of the temple has been given the shape of a mosque. It cannot be considered a mosque under Islamic law. Namaz is not accepted at the disputed site. Citing the Deen Mohammad case of 1937, it said that in this case only the plaintiff was allowed to offer Namaz. The Muslim community is not allowed to offer Namaz.
He said that where there are three domes today, Shringar Gauri, Hanuman and Kritivas temples were there. Also presented a map and said that no Islamic historian has mentioned Gyanvapi Masjid. It has become clear that the Alamgir Masjid is located three kilometers away from the disputed site. In that period mosques were built by demolishing many temples.
Advocate Jain said that the Kashi Vishwanath Temple Act is earlier. Due to the concurrent list, the Places of Worship Act will be effective. Under this law, the land of the Gyanvapi complex belongs to the Vishwanath temple. The mosque does not own any land. The Waqf Tribunal has no right to hear temple property or Hindu-Muslim disputes. It can only hear disputes between Muslims. On the basis of Skanda Purana, said that the temples coming in the Panchkosi Parikrama Marg have been mentioned. Some of them have mosques built on them. Bathing in the Gyanvapi well is the ritual of worshiping Shringar Gauri. Presenting the picture of the disputed structure, it is clearly visible that the temple has been demolished and given the shape of a mosque. There are 11 temples mentioned in the circumambulation route. Everyone has been given a different method of worship. After three months of long arguments, the court had reserved the verdict. The petition was dismissed on Wednesday.
