Thread by @LawBeatInd

🚨Allahabad High Court to hear Kashi Vishwanath temple-Gyanvapi mosque dispute case(s) at 2pm.
#KashiVishwanath #mosque #temple #Varanasi #KashiVishwanathTemple

The matter is being heard before the bench of Justice Prakash Padia.
On the last date of hearing, Adv. VS Rastogi had argued that the Sunni Waqf Board had illegally and arbitrarily registered temple's property as Waqf's.
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The high court is hearing a batch of petitions having the plea moved by the Anjuman Intazamia Masazid, Varanasi last year seeking a stay on the proceedings before the Varanasi court as the leading petition.
#KashiVishwanathTemple #GyanvapiSurvey #GyanvapiMosque #KashiVishwanath

UPDATE: Varanasi Local Court has directed DM, Varanasi to seal the disputed site at Gyanvapi Mosque complex after a Shivling was found at the place during court-ordered #GyanvapiSurvey.
#ज्ञानवापी_मंदिर

Earlier, Adv. Rastogi, the court-appointed next-friend of Lord Vishweshwar, had also argued before the HC that the evidence of the ancient temple, which was razed by the Mughal ruler, lies beneath the existing mosque structure. #ज्ञानवापी_मंदिर

Bench assembles.
#KashiVishwanath #mosque #temple #Varanasi #KashiVishwanathTemple

The courtroom is exceptionally crowded. Arguments begin.
#KashiVishwanath #mosque #temple #Varanasi #KashiVishwanathTemple

Adv. Vijay Shankar Rastogi (appointed next friend of Lord Vishweshwar) informs the court about today's development of a 'Shivling' having been found during the survey of the disputed site at Gyanvapi mosque complex.
#KashiVishwanath #KashiVishwanathTemple #GyanvapiMosque

Justice Padia inquires about the size of the Shivling. Rastogi replies that it's very big.
#KashiVishwanath #KashiVishwanathTemple #GyanvapiMosque

Justice Padia asks Rastogi as to whether the case should be heard or should it be sent to Delhi.
Rastogi requests the court to not put it off anymore.
#KashiVishwanath #KashiVishwanathTemple #GyanvapiMosque

Justice Padia clarifies that the court was only asking for opinions.
#KashiVishwanath #KashiVishwanathTemple #GyanvapiMosque

Rastogi begins his arguments regarding the religious character of the disputed site. He presses that the religious character of the land in question was never changed as the temple of Lord Visheshwar has been in existence since ancient times up till now.
#KashiVishwanathTemple

Rastogi reads out from the parts of the written statements filed by the respondent parties and refers to the lower court's decision in the appeal filed in 1937 by one Deen Mohammad which was dismissed by the HC in 1942.
#KashiVishwanathTemple #GyanvapiMosque #GyanvapiEvidence

Rastogi says that defendant no. 1 states that as per the final order in Deen Mohammad's suit, the disputed property belongs to Muslims, and it is a mosque.
#KashiVishwanathTemple #GyanvapiMosque #GyanvapiEvidence

To this, Justice Padia also mentions that the statement of both the defendant parties is different.
#KashiVishwanathTemple #GyanvapiMosque #GyanvapiEvidence

Referring to Uttar Pradesh Muslim Waqfs Act, 1960, Rastogi states the definition of a 'Waqf' and argues that Waqf law is not applicable to Hindu properties.
#KashiVishwanathTemple #GyanvapiMosque #GyanvapiEvidence

Rastogi: As per the definition of Waqf also, a Hindu's property cannot be a waqf property.
#KashiVishwanathTemple #GyanvapiMosque #GyanvapiEvidence

Rastogi refers to the Places of Worship (Special Provisions) Act, 1991, and says that the decision regarding the nature of a place of worship can be rectified. He refers to Supreme Court's judgment in M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors.
#KashiVishwanathTemple

Can reciting Namaz at a temple, change its religious character?: Rastogi
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

If a Muslim offers Namaz in a temple, he is ousted from Islam, therefore, no Muslim can offer Namaz in a temple: Rastogi
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

Here, we are fighting the cause of the Lord as per the law. No structure is being taken down as was the case in the Babri Maszid matter: Rastogi
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

Rastogi now refers to the Top Court's ruling in Promod Chandra Deb And Others vs The State Of Orissa And Others (1961).
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

In Promod Chandra, the petitioners had challengedthe constitutional validity of certain orders passed by the State of Orissa and the Union of India.
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

Justice Padia is taking note of the judgments and paras therein being referred by Rastogi for consideration later. #KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

The property is in the name of the diety. Muslims have no connection with the same: Rastogi
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

Justice Padia expresses an inclination to reserve the order and informs the parties regarding the same.
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

Rastogi seeks further time for his submissions.
"I will hear you separately": Justice Padia
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

Muslim side objects. Justice Padia clarifies that he meant that both the parties will be heard on the next date.
Hearing is adjourned till Friday at 12 pm.
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

AAG Manish Goyal informs court that there is a possibilty of a strike by Bar members on Friday.
#KashiVishwanathTemple #GyanvapiMasjid #GyanvapiEvidence #GyanvapiMosque

'Unlike Babri demolition, we are fighting case for the Lord as per law': Adv Rastogi, next friend of Lord Vishweshwar argues in Kashi temple-Gyanvapi mosque dispute case(s)
@ISalilTiwari @sai_prasad_law report
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