Varanasi Court Calls For UP Govt Response On Plea Of 5 Hindu Women Seeking To Worship Inside Gyanvapi Complex

Emphasizing that the suit was being instituted to protect right to religion guaranteed by Article 25 of the Constitution of India and for issuance of mandatory and permanent injunction to the defendants, the plea prays thus:

"…no interference be made in the performance of Darshan, Pooja of Goddess Maa Srinigar Gauri, Lord Ganesh, Lord Hanuman, Nandiji, visible and invisible deities, Mandaps and shrines existing within old temple complex."

The court of Civil Judge, Varanasi has called for a spot report and has listed the matter for hearing on September 10.

The Court has also directed that notices be issued to the District Magistrate (Varanasi), Police Commissioner (Varanasi), within three days.

The plea also submits that there are images of deities Maa Ganga, Lord Hanuman, Shri Gauri Shankar, Lord Ganesh, Shri Mahakaleshwar, Shri Maheshwar, Shri Goddess Sringar Gauri, and other deities visible and invisible within the property in question.

Importantly the plea also adds that in case the damage is caused to the deities, images and places of worship by any person or a party to the litigation, the entire Hindu public would suffer irreparable loss and that will affect law and order in the situation as well.

The plea has further contended that it is the duty of the State Government and District Administration to ensure that no damage is caused to the images and places of worship existing within the building complex.

Importantly, the petitioners have expressed a fear that the State Government and the District Administration of Varanasi would be silent spectators and they will not take any action if, the Anjuman Intejamia Masajid Committee and its members and followers cause any damage to the images of the deities existing at the property in question.

Therefore, the petitioner have sought for Court's suitable direction to secure such places to protect the rights of devotees to secure the ends of justice.

The plea has also claimed that the disputed land had already stood vested in the deity Adi Visheshwar lacs of years ago and deity is Dejure owner, however, the Muslims, without creating any waqf and having ownership of land, forcibly, without any authority of law raised a construction and termed the same as Gyanvapi mosque.

In the plea, averring that the Muslim community is the encroacher of the land and they have no right to use the land for performance of any religious act concerning the Muslims, the plea further adds thus:

"There existed a glorious lofty temple at Adivisheshwar Jyotirlinga near Dashaswamedh Ghat in the heart of city of Varanasi. The Muslim invaders having hatred towards nonMuslims and idol worshippers started damaging/destroying and desecrating Hindu temples right from 1193-94 when Mohd. Gori made an attack on our mother land and he had demolished, plundered and looted the Shiva temple at Varanasi. Thereafter, a number of Muslim invaders attacked in Kashi repeated the barbarous act of Mohd. Gori; Hindus sustained such attacks and temple was re-built/restored at the same very place."

The Allahabad High Court on Wednesday directed the Union Government and State of Uttar Pradesh to file their responses in 3 weeks on plea challenging Varanasi Court's order allowing the Archaeological Survey of India for undertaking a survey at the disputed site.

A Civil Court in Varanasi district of UP vide order dated 8th April 2021 allowed the Archaeological Survey of India to undertake a survey at the disputed site of Kashi Vishwanath Temple-Gyanvapi Mosque. The Court also directed the Uttar Pradesh government to bear the cost of the survey.