Thread by @LawBeatInd

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

On the last date of hearing, Adv. Vijay Shankar Rastogi, the appointed next friend of Lord Vishweshwar, had argued that the land in question belongs to the 'Swayambhu' lord since always, therefore, Aurangzeb never had any right over it.
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The matter is being heard before the bench of Justice Prakash Padia.
#kashi #mosque #temple #Varanasi #kashivishwanath

Counsel for the Mosque committee seeks adjournment, however, Court says that as Adv. Rastogi (appointed next friend of Lord Vishweshwar) has come from Varanasi to argue, he should be heard.
#kashi #mosque #temple #Varanasi #kashivishwanath

Adv. Rastogi continues his arguments.
#kashi #mosque #temple #Varanasi #kashivishwanath

Regarding U.P Sunni Central Waqf Board's claim that the disputed property is a Waqf property, Rastogi argues that Waqf Act is only applicable to Muslims.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi also points out that the temple or the lord had never been served any notice before Waqf Board's alleged claim that the property is a declared Waqf property. He says that in "ABSENCE" of such notice, the Act will not be applicable to the other party.
#kashi #mosque

Rastogi refers to Top Court's ruling in Ramesh Gobindram (dead) through Lrs. v. Sugra Humayun Mirza Wakf (2008) where the provision of Section 6 of the Waqf Act, 1954 was clarified.
#kashi #mosque #kashivishwanath

As per the Explanation under S. 6 (1), the term "any person interested therein", includes a person to whom a reasonable opportunity had been afforded to represent his case by notice served on him, Rastogi reads.
#kashi #mosque

Rastogi argues that as to how the property of a person who does not have an interest in Waqf or is not benefited from Waqf can be attached.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi reads S. 54 of the Act which states that for removal of encroachment from wakf property, the Chief Executive Officer shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause.
#kashi #Mosque

Rastogi presses his argument that the property belonging to non-Muslims cannot be attached without service of notice.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi further refers to S. 5 of the Wakf Act, 1995 - Publication of list of wakfs.
Rastogi submits that "if assumed" the property was registered as Waqf, as per the Act of 1995, it was needed to be re-registered.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi says that there is no document of record to show the registration of the property as Waqf.
#kashi #mosque #temple #Varanasi #kashivishwanath

Sr. Adv. Chaturvedi for the State Govt also points out that the property was not registered.
#kashi #mosque #temple #Varanasi #kashivishwanath

The Sunni Waqf Board had illegally and arbitrarily registered the property of the temple as the property of the mosque, hence it is void: Rastogi
#kashi #mosque #temple #Varanasi #kashivishwanath

Adv. Ajay Kumar Singh on behalf of the temple begins his arguments.
#kashi #mosque #temple #Varanasi #kashivishwanath

Referring to the rejoinder affidavit, Adv. Singh argues that there was no permission ever granted to offer Namaz in the temple.
#kashi #mosque #temple #Varanasi #kashivishwanath

Adv. Rastogi intervenes and says, "Some people call the disputed property a mosque, some people call it a temple, how will it be decided?? The religious character of the property will be considered for this."
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi argues that religious character of the temple has never changed, only the structure of one part of it has allegedly changed.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi now refers to the record of proceeding in the lower court regarding the description of the property in the revenue records.
#kashi #mosque #temple #Varanasi #kashivishwanath

Court asks Rastogi to read page 171 of the lower court's judgment.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi refers to judgment in the appeal filed in 1937 against the final order in Civil Suit No. 62 of 1936 which was filed by one Deen Mohd for granting declaration that the disputed land was Waqf without impleading any
member of Hindu community.
#kashi #mosque #temple #Varanasi

Deen Mohd. had sought the declaration that he and other Muslims had the right to say their prayers specially Alvida prayers and to exercise other religious and legal rights on the property in question.
#kashi #mosque #temple #Varanasi #kashivishwanath

The lower court had held in Suit no. 62 that Hindu deities 'Gauri Ji', 'Bir Bhadeshwar ji' and 'Abhi Mukteshwar' were recognized to be residing inside the disputed property.
#kashi #mosque #temple #Varanasi #kashivishwanath

Deen Mohd. aggrieved with the judgment had filed an appeal (First Appeal No.466) which was dismissed by the Allahabad High Court in 1942.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi argues: "If you look at all the evidence and facts, then Gyanvapi Masjid is surrounded by boundary wall on all sides which is much older than the Masjid, it is part of boundary wall temple."
#kashi #mosque #temple #Varanasi #kashivishwanath

Court enquires Rastogi about fixing the next date of the hearing on May 9th and as to whether he will continue his arguments then too.
#kashi #mosque #temple #Varanasi #kashivishwanath

Counsel for the State Govt apprises the court that the counter rejoinder affidavit has been filed. Earlier, Court had sought State Govt. stand on the issue.
#kashi #mosque #temple #Varanasi #kashivishwanath

Counsels for the State and temple submit that whatever will be the decision of the court, they will comply with the same.
#kashi #mosque #temple #Varanasi #kashivishwanath

Justice Padia further enquires about the Commissioner's inspection of the site.
A Varanasi court had recently appointed an Adv. commissioner for "inspection & videography" of the "disputed site” where allegedly Hindu deities reside.
Read more👇
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Hearing adjourned till May 9th.
#kashi #mosque #temple #Varanasi #kashivishwanath

[After hearing #courtroomexchage]
Justice Padia recalls the situation of the site in 1970s.

"Back in 1970, there used to be a street in front of #Kashi temple and there was a platform and a huge compound also which has now been closed": Justice Padia
#kashi #mosque #varanasi

Rastogi: I do not understand what is there that no one is allowed to go there now (the closed compound).
Justice Padia (laughs): Even I had been stopped from going in there.
#kashi #mosque #temple #Varanasi #kashivishwanath

Rastogi (next friend of lord Visheshwar): "I have played #gulli danda in that compound."
To this Counsel for the Muslim side quips: "That's why Rastogi Sahab knows everything."

#kashi #mosque #temple #courtroomexchange

Justice Padia: "Everyone knows everything, only evidence is awaited."
#kashi #varanasi #temple #mosque

Kashi Vishwanath-Gyanvapi dispute case(s)| Sunni Waqf Board illegally & arbitrarily registered temple's property: Adv. Rastogi argues before Allahabad High Court
@ISalilTiwari reports
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