Lawstreet Journal

Hindu Plaintiff to SC: Places Of Worship Act Not Applicable; Gyanvapi Not A Mosque; Property Continues To Vest With Deity

Lawstreet Journal 20 May 2022 7:00pm

Image courtesy: Lawstreet Journal Judiciary Hindu Plaintiff to SC: Places Of Worship Act Not Applicable; Gyanvapi Not A Mosque; Property Continues To Vest With Deity

The Hindu plaintiffs in the Varanasi Civil Court have filed a reply in the Apex Court opposing the Masjid Committee's Special Leave Petition (SLP) challenging the Civil Court's directives for survey and sealing of the mosque land (Committee of Management of Anjuman Intezamia Masjid Varanasi & Ors. v. Rakhi Singh). 

They claim that because Aurangazeb did not create a Waqf when he dedicated the property, it does not qualify as a mosque under the terms of the plaintiffs' reply, which was filed through Advocate Vishnu Shankar Jain. It is declared that the property has vested with Adi Vishweshwar since thousands of years ago and had also been forcibly taken by Aurangazeb. 

"The property in question does not belong to any Waqf. The property had already vested in deity Adi Visheshwara lakhs of years before the start of British Calendar year and is continuing to be the property of deity. No Waqf can be created on the land already vested in a deity. In the historical books written during the Mughal regime and thereafter, even Muslim historians have not claimed that Aurangzeb, after demolishing the temple structure of Adi Visheshwara, had created any Waqf, or that thereafter any member of the Muslim community or ruler dedicated such property to Waqf, "a reply adds. 

It has been argued that the building is not a mosque: 

"The alleged Gyanvapi Mosque is only a structure and cannot be regarded as a mosque." The other aspect is that the disputed construction has not been… Continue Reading...


Tagged: Gyanvapi Mosque   Public Welfare   Special Leave Petition   Varanasi Civil Court   Anjuman Intezamia Masjid    Aurangazeb    Hindu temple   Places of Worship (Special Provisions) Act 1991   Public Welfare    Section 4    Kashi Vishwanath   District Magistrate   Mr Watson  
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