On Monday (26th February): The Allahabad High Court ruled that the 1993 state directive halting Hindu prayers in the Gyanvapi mosque cellar was illegal. A bench of Justice Rohit Ranjan Agarwal further observed that prima facie, it was illegal on the part of the Uttar Pradesh government to stop these Hindu prayers by way of an oral order in 1993.
UTTAR PRADESH: On Monday, 26th February: The Allahabad High Court recently declared that the 1993 state directive to stay Hindu worship activities in the cellar of the Gyanvapi Mosque was unlawful. The bench headed by Justice Rohit Ranjan Agarwal also noted that, at first glance, the Uttar Pradesh Government’s action of halting these Hindu prayers through an oral directive in 1993 appeared to be illegal.
The court referenced a 1937 civil court decision from the Din Mohammad case, which recognized the Vyas family’s longstanding tradition of offering prayers in the mosque’s cellar, known as “Vyas Tekhana.” This acknowledgment was further supported by a 1996 Commissioner’s report, which documented the presence of a lock placed by Hindus on a gate within the Gyanvapi compound, indicating their possession over the area in question.
“The worship and rituals which continued to be performed in the cellar by Vyas family till 1993 was stopped by illegal action of State without there being any order in writing,” today’s high court judgment said.
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“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State,” the order added.
The court’s findings on the continuous possession claimed by the Hindu plaintiffs up until 1993, challenging the cessation of their religious practices in the mosque’s cellar. The Allahabad High Court concluded that the January 31 order, which sought to correct an “accidental” omission in a previous order regarding the appointment of a Receiver and the permission for Hindu prayers, was valid under Sections 151 and 152 of the Code of Civil Procedure (CPC).
“Failure of appellant to establish prima facie possession over the disputed property, and plaintiff succeeding in building up a strong prima facie case negating the stand of appellant, leads to undeniable situation that stopping worship and performance of rituals by the devotees in the cellar would be against their interest,” the court said.
“Prima facie I find that act of the State Government since year 1993 restraining Vyas family from performing religious worship and rituals and also by the devotees was a continues wrong being perpetuated,”
Justice Rohit Ranjan Agarwal said
The court’s decision to uphold the rights of the Hindu community to continue their worship in the Gyanvapi Mosque’s cellar reflects a commitment to respecting the country’s rich tapestry of religious traditions and the legal principles governing them.
“Considering the overall submissions advanced by the respective counsel of the parties and after analysing the material on record, I find that the appellant has not made out any case for interfering in the order dated 17.01.2024 and 31.01.2024 appointing the District Magistrate, Varanasi as Receiver and arranging to carry out worship and rituals in Vyas tehkhana (cellar) under his supervision by the priest, so appointed,” the court said, noting that prayers in the cellar started on February 1.
