Gyanvapi: Hindu devotees refer to 1936 suit

May 23, 2022 13:54

Hindu women plaintiffs who have filed a civil suit before Varanasi court seeking declaration and asserting the right to Darshan and worship Hindu deities whose idols are located on an outer wall of the Gyanvapi mosque in Varanasi has referred to stand taken by the British government in a 1936 suit seeking it to be declared as Waqf property.

In an affidavit filed through advocate Vishnu Shankar Jain, three of the five women devotees said that in 1936 one Deen Mohammed has filed a civil suit without impleading any member of the Hindu community but impleading only the Secretary of State for India through District Magistrate, Benares and Anjuman Intajamia Masajid, Benares for granting declaration that the land bearing situated in the city measuring (1 Bigha 9 Biswa and 6 Dhurs) together with enclosure all-around described in the plaint was Waqf in possession of that plaintiff (Mohammed).

The affidavit has been filed in response to the plea of the Committee of Management Anjuman Intezamia Masjid which manages Gyanvapi mosque in Varanasi seeking quashing of the recent survey of the mosque.

The affidavit said that the 1936 suit said that Muslims had the right to say their prayers especially Alvida' prayers and to exercise other religious and legal rights as the need and occasion arise.

It is submitted that the Muslims had filed the above-mentioned suit only for declaration without seeking any consequential relief. This suit was filed even without impleading any person from the Hindu community.

Therefore, the judgement passed in the suit is not binding upon any member of Hindu community but any document, map, evidence or statement of any witness can be referred to or relied upon by the members of Hindu community, the affidavit said.

It referred to a written statement filed in the Civil Suit on behalf of the Secretary of State for India in Council refuting the plaint allegations and it was stated that the idols and the temple which stand there exist since long before the advent of the Mohammedan Rule in India''.

The affidavit said that in substance the Government of India (during British era) in the written statement filed in Civil Suitstated that--'' The entire plot of land on which the Mosque, pacucca' courtyard stray grave, staircase in front of the gate, together with pucca' enclosures all around and a pipal' tree stand belongs to Government and has never been dedicated nor could have been dedicated to the Mosque.

It further stated the written statement had said that the idols and the temple which stand there have existed since long before the advent of the Mohammedan Rule in India. The other allegations made in the said paragraph are denied. It is submitted that the non-Muslims have been using the land for their religious purposes as a matter of right and have got a right of way over it. The allegation that they were permitted by persons in charge of the Mosque is unfounded and baseless.

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