Sunday, June 23, 2024
HomeNews ReportsLand belongs to 'self-manifested' God: Kashi Vishwanath Mandir challenges UP Sunni Waqf Board's claim...

Land belongs to ‘self-manifested’ God: Kashi Vishwanath Mandir challenges UP Sunni Waqf Board’s claim that the temple is Waqf property

"Some people call the disputed property a mosque, some people call it a temple, how will it be decided? - The religious character of the property will be considered for this," Advocate Rastogi ascertained.

On Thursday, Advocate Vijay Shankar Rastogi continued his argument on behalf of the Kashi Vishwanath Mandir and other Hindu parties, in a suit seeking the removal of the Gyanvapi Mosque and restoration of the original land to Hindus. Before the bench led by Justice Prakash Padia, Advocate Rastogi challenged the U.P Sunni Central Waqf Board’s claim that the disputed property upon which the Gyanvyapi Masjid stands today is a Waqf property.

Advocate Vijay Shankar Rastogi who has been appointed as ‘the next friend of Lord Vishweshwar’ argued on behalf of the deity that the Waqf Act is only applicable to Muslims. Rastogi also pointed out that the temple or the lord (Vishweshwar) had never been served any notice regarding Waqf Board’s alleged claim that the property is a declared Waqf property. He argued that in the absence of such notice, the Act will not be applicable to the other party.

Challenging the Waqf board’s claims

Quoting from Section 6 (1) of the Waqf Act, 1954, Rastogi said, “(In the act), the term “any person interested therein”, includes any person to whom a reasonable opportunity had been afforded to represent his case by notice served on him. How the property of a person who does not have an interest in Waqf or is not benefited from Waqf (in this case the Lord) can be attached?” Rastogi asked. He argued that the property belonging to non-Muslims cannot be attached without the service of notice.

Further, Advocate Rastogi argued that according to section 5 of the Waqf act, 1995, if the property of Gyanwyapi Mosque is to be assumed to be registered as a Waqf property, it needed to be registered again. Since there is no document of record to show the registration of the property as Waqf, the argument by the Waqf board does not hold much water. “The Sunni Waqf Board had illegally and arbitrarily registered the property of the temple as the property of the mosque, hence it is void,” he asserted.

On Hindu religious nature of the disputed property

Furthermore, Advocate Ajay Kumar Singh said that there was no permission ever granted to offer Namaz in the temple. Rastogi interjected and clarified the issue of whether to call the land a mosque or a temple. “Some people call the disputed property a mosque, some people call it a temple, how will it be decided? – The religious character of the property will be considered for this,” he ascertained. He observed that the religious character of the temple was never changed, only the structure of one part of it has changed.

Rastogi then referred to the judgment in the appeal filed in 1937, filed by one Deen Mohammad for a granting declaration that the disputed land was Waqf without impleading any member of the Hindu community. The applicant had sought a declaration that he and other Muslims had the right to pray specially Alvida prayers and to exercise other religious and legal rights on the disputed property. The judgement given by the lower court had held that Hindu deities including ‘Gauri Ji’, ‘Bir Bhadeshwar Ji’ and ‘Abhi Mukteshwar’ were recognized to be residing inside the disputed property.

“The boundary wall that surrounds the Gyanwyapi Masjid from all the sides is much older than the Masjid and was earlier part of the boundary wall temple,” he further noted. After hearing the arguments from Advocate Rastogi, the bench decided to adjourn the hearing till May 9, 2022.

Ayodhra Ram Mandir special coverage by OpIndia

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staff
OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

Recently Popular

- Advertisement -