The litigant’s Lawyer in the Gyanvapi case, Vishnu Jain criticized the Places of worship act and said that it is unconstitutional, laughable and abrupt. It is highly needed that either repeal or amend the places of worship act 1991 and add a section that will exempt ancient temples which are demolished and the mosque is constructed over them or vice versa. 

Vishnu Jain spoke at the Jaipur dialogues with retd. IAS Sanjay Dixit questioned why the same places of worship act 1991 were not applied in Kashmir when many temples were demolished after 1992. No one challenged section 3 in Kashmir.  As per the findings, “my diety is virajman there and it was there in 1947 so you can’t change the religious character of that place”.

Vishnu Jain stated that the Hindu side has a theory on ancient Kashi Vishwanath Mandir that includes the timelines in which it was established demolished by invaders and renovated again. While the Muslim side has no theory about the occurrence of the mosque while stating that the structure belongs to them. Mentioning the Deen Mohammad case, he says that the judgement is not appropriate on the concept as it is mentioned here as Aurangzeb demolished a temple. Secondly, Hindus were not a party in that case.

Vishnu Jain also said that by blabbering about the Places of worship Act, 1991, in the Gyanvapi case, the Muslim side may take offence when the religious character of Gyanvapi will be determined. Also, Since section 4 of the places of worship act does not include monuments from 100 years ago it will not be applied in the Gyan Vapi mosque case. 

On being asked whether there was a fountain instead of shivling. Vishnu Jain said in a funny tone that there was no mechanical device to run any fountain or maybe Aurangzeb made some technology then that we will know after the wall of wazu khana will be removed.

He affirmed that the religious character of Kashi Vishwanath must be determined. He mentions section 4 (9) of the Shri Kashi Vishwanath temple act 1983 and describes that temple means the “temple” of Aadi Vishveshwar popularly known as Shri Kashi Vishwanath temple which is used as a place of public religious worship, and dedicated, used as of right by the Hindus as a place of public religious worship of jyotirlinga and includes all the subordinate temples shrines sub-shrines and asthaan of all other images and mandaps Wells tanks and other necessary structure including land”.  He mentions that there is a pleading of divinity in this case that is also recognised by the legislature because of the mention in the Vedas and Puranas, Hence, the religious character is already defined. 

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