'Gyanvapi was a temple in 1947, and it is one even today': Advocate Ashwini Upadhyay

Upadhyay had also filed a petition in the Supreme Court against the 1991 Puja Act, seeking its repeal.

Varanasi: In the purview of Supreme Court's remarks on the Gyanvapi issue, opinions from lawyers and legal experts from both the parties are coming forward. Speaking exclusively to ETV Bharat, senior Supreme Court advocate Ashwini Upadhyay claimed Gyanvapi was "a temple even in 1947 and it is a temple even today".

"As far as the 1991 Worship Act is concerned, and on the basis of the Muslim side's argument, the present status of this site should be maintained. But it is meaningless as no one can deny the fact that there was a Gyanvapi temple in 1947 as well. Gyanvapi is more than three hundred years old, so this law cannot apply to it," he added.

Upadhyay had also filed a petition in the Supreme Court against the 1991 Puja Act, seeking its repeal. The Supreme Court had sought an answer from the government in this regard, but no response has come from the government's side so far. It has also been said in the same law that it will not apply to any ancient monument. Further describing the 1991 Puja Act as a hasty act, Ashwini Upadhyay said that it should be abolished and also said that the Muslim side should recuse itself from the matter as it is a question of faith of crores of people.

On the other hand, Anjuman Intazamiya Masjid Committee's lawyer Tauheed Khan said that as being shown in a viral post on social media, 'what is being mistaken to be a Shiv ling from the Hindu side, is in fact a part of a broken fountain'. "It is a fountain. They have used a technique to construct it in a way that it looks like a Shiv Lingam, and the other party is only taking advantage of the matter," he said. Further adding that him and the representatives on his side will respect Court's orders, Khan said he 'will oppose the order if it is in any way against the law and legal conduct'.

Moreover, National President of IMC Maulana Tauqir Raza Khan, while describing the 'Shivling'found in the Gyanvapi Masjid as a fountain, said that the entire matter is just mocking the law. "Can't they tell a Shivling from fountain? By making such baseless claims, they are just mocking their Hindutva and their society," the Maulana said during a press conference at his residence in Bareilly.

The Supreme Court had on Friday last refused to grant an interim order of status quo on the Gyanvapi survey. The top court, however, agreed to consider listing the plea of a Muslim party against the survey. Three court-appointed advocate commissioners, five lawyers each from the two sides and an assistant besides a videography team carried out the survey.