PRAYAGRAJ: As the hearing of the Varanasi’s Kashi-Vishwanath Temple-Gyanvapi Mosque issue resumed before the Allahabad high court on Tuesday, the counsel appearing on behalf of the temple argued that if the temple had been destroyed by any means, its religious character never changed.
“The temple of Lord Vishweshwar has been in existence since ancient times and the Lord is situated in the disputed structure.
If the temple has been destroyed by any means, the religious character never changed. Therefore, section 4 of Places of Worship (Special Provisions) Act ,1991 is not applicable here because it was an old temple and was built prior to the 15th century,” argued the counsel appearing on behalf of the temple on Tuesday.
Section 4 of Places of Worship (Special Provisions) Act, 1991 bars filing of suit or any other legal proceedings with respect to conversion of religious character of any place of worship, as existing on August 15, 1947.
Hearing a petition filed by Anjuman Intazamia Masjid of Varanasi and other connected matters, Justice Prakash Padia adjourned the hearing of the case till April 28.
Earlier, on April 4, the same counsel representing the temple had argued that it is not a dispute of property but a national dispute with emotions of millions of people attached to it. He had also argued that the Hindu community believes that the disputed site is a temple of Lord Vishweshwar, whereas the Muslim community believes that the disputed site is a mosque. Further, the decision in the Ram Janmabhoomi case has increased the importance of the present case, added the counsel representing the temple.
The original suit was filed in 1991 in Varanasi district court, seeking restoration of the ancient temple at the site where the Gyanvapi mosque currently stands. The plea has been taken in the suit that the said mosque is a part of the temple.
At one stage, the civil judge (senior division), fast track court (
FTC) of Varanasi, had on April 8, 2021 directed the Archaeological Survey of India (ASI) to conduct a survey of KV Temple-Gyanvapi Mosque complex to find out whether a temple was demolished to build the mosque that stands there adjacent to the KV Temple.
Subsequently, the high court, in the present case, had on September 9, 2021, stayed the Varanasi court’s order dated April 8, 2021, that directed the ASI to ‘conduct a comprehensive physical survey’ of the KVT-Gyanvapi Mosque complex and further proceedings of this case.
Subsequently, the high court on March 24, 2022 had directed to hear this case along with all connected matters on a regular basis till their conclusion.