Gyanvapi Case | Allahabad High Court Reserves Order On Challenge To Gyanvapi Mosque Cellar Puja Decision

Today, the Allahabad High Court reserved its judgment on the appeal filed by the Gyanvapi Mosque committee contesting the Varanasi Court’s January 31 decision permitting ‘Puja’ in the ‘Vyas Tehkhana’ (southern cellar of the Mosque). Earlier, Varanasi Court granted permission for Hindu worshippers to conduct prayers within the sealed underground section of the Gyanvapi mosque.

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Allahabad High Court Reserves Order on Challenge to Gyanvapi Mosque Cellar Puja Decision

Prayagraj (UP): Today (15 Feb 2024), the Allahabad High Court deferred its decision regarding a petition challenging the Varanasi district court’s ruling permitting Hindu prayers within a cellar of the Gyanvapi mosque.

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Justice Rohit Ranjan Agrawal presided over the appeal presented by the Anjuman Intezamia Masjid committee, responsible for overseeing the mosque situated adjacent to the Kashi Vishwanath temple in Varanasi. The committee’s legal representative, S F A Naqvi, confirmed that the court has reserved its judgment following the completion of the proceedings.

“The court has concluded the hearing, and its decision is pending,”
-added Naqvi.

The bench, led by Justice Rohit Ranjan Agrawal, deliberated over the matter across four days, indicating the complexity and sensitivity of the case. The appeal was initiated by the Anjuman Intezamia Mosque Committee, responsible for the management of the Gyanvapi Mosque in Varanasi, following the Supreme Court’s refusal to urgently hear their plea against the Varanasi Court’s order.

At the heart of the dispute is the Vyas Tehkhana, a section of the mosque that the Committee claims has been under their possession and is integral to the mosque’s premises. They argue that the Vyas family, or any other Hindu groups, have no rights to conduct worship within this area. Highlighting the absence of any ‘Puja’ in the tehkhana since 1993, the Committee questioned the rationale behind the court’s decision to alter the status quo after three decades without any compelling reasons.

The Mosque Committee’s stance is that the issue of possession over the Vyas Tehkhana should only be resolved through the framing of issues in court, emphasizing that the Hindu plaintiff had never possessed the tehkhana.

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Contrastingly, the Hindu plaintiff’s legal representatives, Advocate Hari Shankar Jain and Vishnu Shankar Jain, have defended the January 31 order. They pointed out that their initial request for the appointment of a receiver was granted on January 17, but the subsequent plea for permission to perform prayers inside the Vyas Tehkhana was initially overlooked. Upon their request, the District Judge allowed this second prayer on January 31, invoking powers under Section 152 of the CrPC.

The Hindu parties maintain that religious practices within the Tehkhana have continued uninterrupted, even after 1993, when the CRPF assumed control over the area. This dispute traces back to the practices of the ‘Somnath Vyas’ family, who, until a state government directive in 1993, performed religious ceremonies in the mosque’s basement.

The operative part of the January 31 order facilitated the worship of Hindu deities inside the Vyas Tehkhana:

“District Magistrate, Varanasi / receiver is directed to get puja, raga-blog performed of idols located in the southern cellar of #GyanvapiMosque (suit property), through a priest nominated by Kashi Vishwanath Trust Board & plaintiff. For this purpose, make proper arrangements of iron fencing etc. in 7 days.”

Following this order, Varanasi District Magistrate MS Rajalingam and other officials complied with the court’s directive, marking a pivotal moment in the ongoing dispute. This action came after the Varanasi District administration took possession of the southern cellar on January 24, 2023, further to the District Judge appointing the DM as the receiver of the property on January 17.

This case not only highlights the intricate balance between religious rights and property laws but also underscores the sensitive nature of disputes involving places of worship in India. As the Allahabad High Court’s judgment is awaited, the outcome is expected to have far-reaching implications for the parties involved and potentially set a precedent for similar cases in the future.