Thread by @LawBeatInd

🚨Allahabad High Court resumes hearing in Kashi Vishwanath temple-Gyanvapi mosque dispute case(s).
#kashi #mosque #temple #Varanasi #kashivishwanath

Matter is being heard before the bench of Justice Prakash Padia.
After absence of any senior counsel on behalf of the Central and State Govts. being pointed out by the Court on the last date of hearing, ASG SP Singh appears on behalf of the Central Government.
#kashi #mosque

On the last date of hearing, Adv. Rastogi had said that the Hindus had continuous possession over the land as even after the demolition of the first floor of the ancient temple, 'aarti' and other Hindu worshipping rituals were continued.
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Hearing commences.
#kashi #mosque #temple #Varanasi #kashivishwanath

ASG SP Sigh informs the court that an affidavit on behalf of the Govt has been filed. However, Court says that he will be heard later.
#kashi #mosque #temple #Varanasi #kashivishwanath

Court asks the counsel for the State to answer as to how despite the high court's interim stay in the matter, the lower court is passing orders.
#kashi #mosque #temple #Varanasi #kashivishwanath

Referring to the proceedings before the Varanasi Court in the Suit for restoration of Ancient Hindu Temple to Hindus
Justice Padia: We do not touch any matter even if only the diary number is generated from the Supreme Court. How the lower court is proceeding?
#kashi #mosque

Adv. Vijay Shankar Rastogi appears for the Hindu parties and resumes his arguments.
#kashi #mosque #temple #Varanasi #kashivishwanath

Adv. Rastogi starts reading the lower court's order.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi comes to page 8 of the lower court order stating the grounds for the claim of Hindus on the disputed land.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi states that the lower court had passed the order considering the religious nature of the place.
Rastogi: The lower court misinterpreted the character of the land as its nature.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi: If the whole premise never changed its nature as it always was and still is a Hindu temple, how can it be said that a part of it changed its character because it was converted into a #Maszid?
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi: Religious character of a part of a temple cannot change.
#kashi #mosque #temple #Varanasi #kashivishwanath

Referring to the lower court's order for the ASI survey of the disputed land, Rastogi: The order will apply to only other parts of the property whose religious character will be determined, not to any part of the temple.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi: We were stopped by way of an interim order from worshipping stating that the same cannot be done in someone else's place of worship.
#kashi #mosque #temple #Varanasi #kashivishwanath

Court: What would have happened if the same had become final order?
Rastogi: Definitely it would have been an illegal one.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi further refers to the lower court order and states that before the lower court the disputed land was addressed as Shiva temple by Hindus and Maszid by Muslim parties.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi says that during the hearing of the #Ramjanmbhoomi matter too, it was revealed that temple ruins were found beneath the Babri Maszid.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi: Above was the structure of the mosque, below was the foundation of the temple.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi places some more photographs showing some part of the old temple beneath the Gyanvapi mosque.
Rastogi: Parts of the old temple are clearly visible even to this day.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi: Same as #Ramjanmbhoomi matter, in this case the evidence is below the Mosque structure.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi now starts stating historical facts to clarify the misconceptions that exist regarding the disputed land.
#kashi #mosque #temple #Varanasi #kashivishwanath

Court: Tomorrow this matter should be heard from 10 am.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi continues his arguments.

Rastogi: The 100 feet long Asthan Lord Adi Visheshwar, Jyotirlinga, is self-manifested, which had appeared on the disputed land. Therefore, it cannot be displaced.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi points out the delay in the suit for restoration of the disputed land to Hindus that was instituted in the year 1991.

Rastogi: One suit was filed by the Muslim parties in the year 1936 and it was disposed of in 1937. The suit by Hindus is still pending.
#kashivishwanath

To this, Court comes back to its question as to whether the lower court can pass an order in a case where the matter is also pending before the high court.

Court further enquires from the counsels of State and Central government whether they have done any homework regarding this.
#kashi #mosque #kashivishwanath #gyanvapi

Sr. Adv. Chaturvedi for the State Govt: We want the suit before the lower court to conclude.
#kashi #mosque #kashivishwanath

Stating that today there is a paucity of time, Court adjourns the hearing till April 8.
#kashi #mosque #kashivishwanath

"In 1936, a suit was filed by three Muslims, in which a final order was passed in 1937 and many Hindu temples were demolished and Muslims were given the freedom to offer Namaz in mosques," stated Adv. Rastogi.
@ISalilTiwari reports
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