Character of Hindu temple remained visible at Gyanvapi Mosque, SC told

The Supreme Court was on Thursday told that a portion of the temple of 'Adi Visheshwar' at Varanasi was demolished by orders of Islamic ruler Aurangzeb and a construction was raised as 'Gyanvapi Mosque’ but the religious character of the Hindu temple had always remained visible over there.

In a written response, the Hindu side claimed, "In fact the original temple was partly demolished and utilising the remaining structure and the materials a construction was raised and named alleged ‘Gyanvapi Mosque’ whereas the deities continued in visible and invisible form within the premises of old temple."

It also claimed on August 15, 1947, the character of the property in question was of Hindu temple as the images of Hindu deities and along with other associate deities was there and they were being worshipped.

A day before the Supreme Court's hearing on a plea by Committee of Management Anjuman Intezamia Masjid Varanasi, Hindu side's counsel Vishnu Shankar Jain brought out "additional facts" before it.

“The historians have confirmed that Islamic ruler Aurangzeb had issued an order on April 9, 1669 directing his administration to demolish the temple of Lord Adi Visheshwar at Varanasi. There is nothing on record to establish that the then ruler or any subsequent ruler has passed any order to create a Waqf over the land in question or for handing over the land to any Muslim or body of Muslims. The copy of farmaan/ order issued by Aurangzeb is reported to be maintained by Asiatic library Kolkata,” it said.

The response also contended that a mosque can be constructed over the property dedicated by waqif, the owner of the property, and a construction raised under the orders of any Muslim ruler or by any Muslim over the land of a temple cannot be construed as mosque.

“A Waqf can be created only on the land dedicated to Waqf by wakif who is owner of the land. In the instant case it is clear that from the time immemorial the land and property belong to the deity and therefore there can be no mosque thereat,” it said.

The Hindu side further claimed that Kashi has faced a number of attacks from invaders and the temple of Adi Visheshwar was attacked, looted and demolished by the enemy of idol worshippers right from 1193 AD till the year 1669.

“Adi Visheshwar Jyotirling’ at Kashi is Swyambhu Deity and it is the most ancient out of 12 Jyotirlings established in different parts of ‘Tapo Bhoomi’ “Bharatvarsh”. The Jyotirlings have great position under Hindu mythology and its importance have been described in Vedas, Purans, Upnishads and Shastras followed by devotees and worshippers of Santan Vedic Hindu Dharma," it added.

The property in question does not belong to any waqf and it had already vested in deity Adi Visheshwara lakhs of years before the start of the British calendar year and is continuing to be the property of deity, the Hindu side said.

With regard to the Places of Worship Act, 1991, the Hindu said that the court has to consider what the religious character of the place in question was on August 15, 1947, whether it was a place of Hindu or Muslim worship, and whether erecting a super structure can convert a temple into a mosque or vice versa.

“If any super structure has been created over the Temple land, by Muslims, same will be only a structure and cannot acquire the status of a Mosque for the reason that over a Hindu Temple already vested in the deity, no construction can be raised and such construction cannot change the nature of Temple property," the response said.