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Mon. Oct 3rd, 2022
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VARANASI: “It is a historic day as a major hurdle in the case has been cleared. We are demanding the right to worship Maa Sringar Gauri and other visible and invisible deities. The Shivling found in the ablution pond was invisible before the court commission survey. But now as it is visible, we will definitely seek the right to worship it also,” said Vishnu Jain, the lawyer contesting the case no. 693/2021 Rakhi Singh vs state of UP and others for plaintiffs 2 to 5 (Laxmi Devi, Sita Sahu, Manju Vyas and Rekha Pathak).
“The case is now open for framing of issues and evidence submission. After submission of a written statement by Anjuman Intezamia Masajid in the case on September 22, we will start presenting evidence,” said Jain while coming out of the court along with the plaintiffs and other lawyers amid chants of ‘Har Har Mahadev’.
“The court commission survey is also one of the pieces of evidence,” said Jain, mentioning that the survey had found a shivling in the ablution pond of the Gyanvapi mosque. “This shivling is among the deities we had mentioned in our plaint as invisible deities. As we are demanding the right to worship Maa Sringar Gauri and other visible and invisible deities, which were being worshipped incessantly till 1993 and after 1993 till now once in year under the regulatory of the state of Uttar Pradesh, we will be seeking rights to worship this shivling too,” he added.
“As ‘argha’ (base) of this shivling has yet not been found, we will demand removal of the basement wall to locate it,” said Jain, mentioning that carbon dating of this shivling and other structures would also be demanded during further hearings.
Veteran lawyer Maan Bahadur Singh, contesting for plaintiff No. 1 Rakhi Singh, said, “With this order, the court has justified our stand that the Places of Worship (Special Provisions) Act, 1991 (Act no. 42 of 1991), The Waqf Act 1995 (Act no. 43 of 1995) and the U.P. Shri Kashi Vishwanath Temple Act, 1983 (Act no. 29 of 1983) do not operate as a bar on the plaintiffs’ suit, which is limited and confined to the right to worship as a civil and fundamental right as well as customary and religious right.”
“This was never a case of Hindu vs Muslim,” said Singh, adding, “Offering religious rituals to the deities worshipped till 1993 was stopped under the regulatory of state of Uttar Pradesh and the relief was sought against this only.”

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