Parliament cannot legalize the illegal action of an invader: Suit filed for restoration of ancient temple at site of Mosque in Varanasi

A suit has been filed before a Varanasi court on behalf of Goddess Maa Shringar Gauri, seeking the restoration of rituals within the precincts of an ancient temple located in the heart of the city, which is claimed by Muslims to be part of the Gyanvapi Mosque..The plaint has been filed through ten individuals acting as next friends of the deities within the precincts. .When the matter was taken up today, Committee of Management Anjuman Intazamia Masjid appeared for the respondents and sought time to file counter affidavit..It is claimed that a Jyotirlingam in the ancient temple was desecrated in 1669 under the orders of Mughal ruler Aurangzeb, but Maa Shringar Gauri, Lord Ganesh and other deities continued to exist. After partial demolition of the ancient temple of Lord Adi Visheshwar, a new construction of the Gyanvapi Mosque was raised, the plaint filed through advocates Hari Shankar Jain and Pankaj Kumar Verma states. ."That image of Maa Shringar Gauri exists within the property in question at the back side of Gyan Vapi in Ishan Kon (North East Corner). The devotees had been worshipping daily Pooja and Worship at this place but in 1990 (Nineteen Ninety) during Ayodhya movement the Government of Uttar Pradesh to appease Muslims, put some restrictions in the daily puja by devotees. Since 1993 (Nineteen Ninety three) the State Government imposed some more hard conditions for devotees in worshipping Goddess Shringar Gauri and other subsidiary deities," the plaint adds. .The plaintiffs have claimed that they have a fundamental right to perform 'pooja' within the marked premises."That Plaintiffs and the devotees of Lord Shiva along with subsidiary deities are entitled to perform Pooja, Darshan, Aarti, Bhog etc within the entire area of five Kos (Krosh) in exercise of right guaranteed by Article 25 (Twenty Five) of Constitution of India and no person has right to interfere and create hindrance in the performance of Pooja/ worship of deities by the Plaintiffs, and other devotees," it has been contended. .It is submitted that the place does not belong to Muslims and that any obstacle created before January 26, 1950 has become null and void by virtue of Article 13(1) of the Constitution of India. Further,"An idol worshipper cannot complete his pooja and gain spiritual advantages without having objects of worship. Any hindrance/ obstacle created in performance of pooja, is denial of right to religion guaranteed under Article 25 (Twenty Five) of the Constitution of India.".It has also been submitted before the court that a notice under Section 89 of the Waqf Act,1995 was already sent to the Uttar Pradesh Sunni Waqf Board, but "no reply of the notice has been given by concerned Defendant and they have not taken any steps in pursuance of the notice.".The plaintiff has sought the follow reliefs from the court:1. To declare that the entire Avimukteshwar area belongs to plaintiff deity Asthan Lord Adi Visheshwar in the heart of Varanasi.2. To prohibit the defendants and every person acting under them from interfering with, or raising any objection or obstruction in the construction of the new temple building, after the demolition and removal of the existing buildings and structures etc, situated there.3. To direct the Government of Uttar Pradesh and the Board of Trustees of the Kashi Vishwanath Temple to restore pooja and make appropriate arrangement for Darshan and Pooja by worshippers and maintain law and order situation.