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A civil suit has been filed in Varanasi, before a District seeking “restoration of performance of rituals at the 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 dharma, according to LiveLaw.

The suit states that 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 January 26, 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”.

The plaintiffs have alleged that 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, reported LiveLaw.

The plea reads, “It is historically proved that in 1585, 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 also claims that 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 Ayodhya movement by the Uttar Pradesh government “to appease Muslims”.

According to LiveLaw, the plea reads, “That Aurangzeb, one of the cruellest Islamic rulers, was the champion in destruction of Hindu temples. He had issued ‘Farmaans’ in the year 1669 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.”

Finally, the plea by the devotees also believe that, “The Parliament has no power or jurisdiction to negate Hindu Law protected by Article 25 of the Constitution of India and cannot interfere with rights of Hindus as enshrined in Vedas, Shartras, Upnishads, Smrities and other scripture having the force of law.”

LiveLaw reported that the reliefs sought by the plaintiffs is to pass a decree in the nature of declaration stating that the worshippers are entitled to have Darshan, Pooja and Worship of deities within the area. They have also prayed that the entire disputed area be given to the deity Asthan Lord Adi Visheshwar situated at Dashashwamedh in the heart of the city of Varanasi.

The plaintiff also sought 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.

Union of India through Ministry of Home Affairs, State of Uttar Pradesh, D.M. Varanasi, Senior Superintendent of Police, Varanasi, Sunni Central Waqf Board, Committee of Management Anjuman Intazamia Masajid and Board of Trustees- Kashis Vishwanath Temple have been made the defendants in the matter.

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