A civil suit has been filed by plaintiffs in the Varanasi court “for the restoration of Darshan, Pooja, Aarti, Bhog and performance of rituals at the principal seat of Asthan of Lord Adi Visheshwar and of Goddess Maa Shringar Gauri, the Ardhangni and devotee of Lord Adi Visheshwar, along with Lord Ganesh, Nandiji and other deities within the precincts of temple complex”.
The property is claimed by Muslims to be a part of the Gyanvapi mosque in Varanasi.
The Plaintiffs have claimed, “the Jyotirlingam was desecrated/damaged in 1669 (Sixteen Sixty Nine) under the orders and command of Aurangzeb, one of the cruellest Rulers of India, but Maa Shringar Gauri, Lord Ganesh and other subsidiary deities continued to exist within the ancient temple, which is claimed by Muslims to be part of so-called Gyanvapi mosque.”
The plaintiffs have told the court through written submission that any obstacle created before January 26, 195 “has become null and void by virtue of Article 13(1)” of the Constitution of India.
Article 13(1) of the Constitution has declared laws in force before the implementation of the Constitution as “void” if found inconsistent with the new provisions.
They have also sought protection under Article 25 of the Constitution which guarantees “Freedom of conscience and free profession, practice and propagation of religion”.
One of the defendants, Committee of Management Anjuman Intazamia Masajid, has sought time to file the counter affidavit.
Two notices were served by the plaintiffs to the Sunni Waqf Board in November and December last year in the same matter. But plaintiffs have got no response to date.
The said plaintiffs have also challenged the parliament submitting “Parliament has no power to make any law which takes away or abridges the rights conferred by Article 25 (Twenty Five) of the Constitution of India.”