KV TEMPLEGYANVAPI MOSQUE CASE: HC ADJOURNS HEARING TILL APRIL 28
PRAYAGRAJ : The Allahabad high court on Tuesday adjourned the ongoing hearing of the case related to the Kashi Vishwanath (KV) templeGyanvapi mosque issue till April 28. Hearing a petition filed by Anjuman Intezamia Masjid of Varanasi and others, Justice Prakash Padia adjourned the hearing of the matter.
Before that, as the hearing resumed, the counsel appearing on behalf of the temple argued if the temple had been destroyed by any means, its religious character never changed.
“The temple of Lord Vishweshwar has been in existence since ancient time until now and the Lord is situated in the disputed structure.
If the temple has been destroyed by any means, the religious character never changed.
Therefore, Section 4 of Places of Worship (Special Provisions) Act 1991 is not applicable here because it was old temple and was built prior to the 15th century”, the counsel argued.
Section 4 of Places of Worship (Special Provisions) Act, 1991, bars filing of suit or any other legal proceedings with respect to conversion of religious character of any place of worship, as existing on August 15, 1947.
Earlier on April 4, the counsel representing the temple had said the character of the religious structure is ascertained on the basis of the whole property, not on the basis of a part of the property.
The religious character of the property cannot be changed by mere changing of a part only, the counsel said. It was also argued that when the whole evidence comes, only thereafter the religious character of a property would be determined.
It was further argued that by mere declaration of mosque as waqf property, the Waqf Act would not be applicable because it is a dispute between Hindus and Muslims and not between two sects of the Muslim community.
Therefore, the Waqf Act could not be applicable in this case, the counsel said.