'Parliament Has No Jurisdiction To Negate Hindu Law Protected By Art. 25': Suit In Varanasi Court For 'Restoration Of Temple' At Gyanvapi Mosque Area

A civil suit has been filed before Civil Senior Judge, Varanasi representing Goddess Maa Gauri "next friend" of devotee Ranjana Agnihotri and 9 others seeking "restoration of performance of rituals at principal seat of an Ancient Temple" at the Gyanvapi mosque area"

The suit has been filed by devotees and worshippers of Lord Shiva, practicing the vedic sanatan hindu harma.

Union of India through Ministry of Home Affairs, State of Uttar Pradesh, D.M. Varanasi, Senior Superintendent of Police, Varanasi, U.P. Sunni Central Waqf Board, Committee of Management Anjuman Intazamia Masajid and Board of Trustees Kashis Vishwanath Temple are the respondents in the matter.

The relief sought by the plaintiffs in the suit is primarily for declaring the devotees of Goddess Gauri, Lord Hanuman, Lord Ganeshji, Nandiji and Lord Visheshwar to be entitled to have darshan, pooja and worship rituals within the area in dispute.

According to the suit, every citizen has a fundamental right to perform pooja, worship and rituals according to the tenets of his religion within the ambit of Article 25 and any "obstacle" created before 26th January 1950 has become null and void by virtue of Article 13(1). Therefore, the plea states:

"An idol worshipper cannot complete his pooja and gain spiritual advantages without having objects of worship. Any hindrance/ obstacle created in performance of pooja, is denial of right to religion guaranteed under Article 25 of the Constitution of India."

Moreover, according to the plaintiffs, the said ancient temple was desecrated and damaged in the year 1669 under the orders of Aurangzeb which the suit terms as "one of the most cruel Rulers of India" claimed by the muslim community to be part of the Gyanvapi mosque.

"It is historically proved that in 1585 (Fifteen Eighty five) Raja Todar Mal, the finance Minister of Akbar, who was Governor of Jaunpur, had re-established and reconstructed a magnificent Lord Shiva Temple at its original place consisting of a central sanctum sanctorum (Garbh Griha) surrounded by Eight mandaps and pavilions, which is known as old temple." The plea states.

The plea also claims that according to Puranik ordains, the Pooja and worship of Goddess Gauri is "compulsory to achieve the fruit of worship of lord vishwanath."

Moreover, according to the plaintiffs it is contended that the devotees have been worshipping the daily pooja at the disputed place which was restricted in the 1990 during the Aayodhya movement by the UP government "to appease Muslims".

"That Aurangzeb one of the cruelest Islamic ruler was the champion in destruction of Hindu temples. He had issued 'Farmaans' in the year 1669 (Sixteen Sixty Nine) to destroy many temples including Kashi and Mathura, which were prominently worshipped by Hindus. The administration complied with the order and demolished a portion of temple of the Adi Visheshwar at Varanasi and later on a construction was raised which they alleged 'Gyanvapi Mosque' but they could not change the religious charter of Hindu temple as the idol of Goddess Shringar Gauri, Lord Ganesh and other associate deities continued in the same building complex." The plea states.

Denying the contention that the said property ever belonged to the Waqf board, the plea alleges that neither the historical books written during the Mughal regime nor the Muslim historians have ever claimed that Aurangzeb after demolishing the temple structure of Adi Visheshwar had created any Waqf or any member of Muslim community or Ruler was dedicated such property to Waqf.

"Parliament has no power to make any law which takes away or abridges the rights conferred by Article 25 of the Constitution of India. Section 4 of the Act infringes the right to religion of Hindus as their right to remedy to approach the court has been taken away by Places of Worship Act, 1991 and therefore, Section 4 (four) of the Act is ultra vires and void." The plea states.

The plaintiffs further submit "This place is sacred for Hindus from the time immemorial. The Temple existing thereat was demolished by Muslim invaders. It is submitted that Hindus cannot be compelled to suffer mental and spiritual, shock continuously and same is bound to affect the worldly and spiritual life of the masses for swallowing the tyrannical, wicked and cruel act of invaders."

The following reliefs are sought by the plaintiffs:

1. Pass a decree in the nature of declaration declaring that the worshippers are entitled to have Darshan, Pooja and Worship of deities within the area.

2. That the entire disputed are belongs to the deity Asthan Lord Adi Visheshwar s situated at Dashashwamedh in the heart of City of Varanasi.

3. Pass a decree in the nature of perpetual injunction against defendants prohibiting them, and their workers, agents, officers, officials and every person acting under them from interfering with, or raising any objection or obstruction in the construction of New Temple building after demolishing and removing the existing buildings and structures etc, situated thereat, in so far as it may be necessary are expedient to do so for the said purpose.

4. To restore pooja and worship of Goddess Gauri Shringarji, Goddess Maa Ganga, Lord Hanuman, Lord Ganeshji, Nandiji alongwith Lord Adi Visheswar and make appropriate arrangement for Darshan and Pooja by worshippers and maintain law and order situation.