The Allahabad High Court on Monday dismissed the Gyanvapi mosque management committee's twin appeals challenging the Varanasi district court's decision allowing the offering of prayers ("puja") in a cellar in the mosque complex. Justice Rohit Ranjan Agarwal of the Allahabad HC pronounced the judgment. The high court said worship in the southern cellar ("Vyasji ka Tehkhana") will continue.
Earlier, the singe judge bench of the high court comprising Justice Agarwal had reserved the judgment on February 15, 2024 after hearing pleas from both parties.
On January 17, the Varanasi district judge had appointed the district magistrate as the receiver of the southern cellar of the mosque. On January 31, the Varanasi district court ruled that a priest can perform prayers before the idols in the southern cellar of the mosque.
Justice Rohit Ranjan Agarwal, while dismissing both the appeals of the Anjuman Intezamia Masjid (AIM), said in his order: “After going through the entire records of the case and after considering arguments of the parties concerned, the court did not find any ground to interfere in the judgement passed by the Varanasi district judge, dated January 7, 2024, appointing DM, Varanasi, as receiver of the property as well as order dated January 31, 2024 by which the district court had permitted puja in the 'Tehkhana'.”
Meanwhile, reacting to the Allahabad High Court order, AIM’s general secretary SM Yasin said that the mosque management committee would move the Supreme Curt of India with its plea after studying today's order.
However, advocate Vishnu Shankar Jain, representing the Hindu side, said that they would also move caveat in the apex court. While rejecting the AIM’s plea against the Varanasi District Court’s order through which the ‘puja’ resumed in the Vyas Tehkhana after three decades, the High Court in its 54-page order observed that Mulayam Singh Yadav government’s move to stop ‘puja’ in the southern cellar of the Gyanvapi mosque in 1993 was “illegal”.
"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," said the High Court order. It may be noted that Vyas Ji Ka Tehkhana, was sealed in 1993 by the Varanasi district administration following the verbal order of the then state government in the aftermath of the Babri Masjid Demolition in 1992. The state government then cited law and order concerns and the cellar temple was sealed prohibiting the entry of pujaris.
Varanasi district judge Dr AK Vishwesha had allowed the puja in the southern cellar on the plea of Shailendra Kumar Pathak 'Vyas', a member of the Vyas family which had the cellar in its possession and had been conducting the puja inside it until 1993. He had said the "puja" was stopped during the tenure of then Uttar Pradesh chief minister Mulayam Singh Yadav after the Babri masjid in Ayodhya was demolished on December 6, 1992.
The order of Justice Agarwal further said: "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 order said Shailendra Pathak Vyas had said the cellar had been in his family's possession since 1551 and had submitted documents to show how it was willed down the generations.
The court noted that a 1936 map filed by the then-state government showed the Vyas ji ka Tehkhana. The court also noted that the AIM had failed to establish prima facie possession over the cellar during the submissions in support of its plea against the Varanasi district court order.
"Failure of the 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 the appellant, leads to an 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 the devotees was a continues wrong being perpetuated," Justice Rohit Ranjan Agarwal said in the order.
The AIM had challenged the stand of the Vyas family and claimed that the southern cellar being on mosque premises was in its possession and that nether the Vyas family nor anyone else had the right to perform puja inside it. It had also said that no idols existed in the cellar and hence, there was no question of prayers being offered there till 1993. The petitioner had claimed that his family had the control of the cellar even during the British rule.
A survey conducted by the Archaeological Survey of India (ASI) on the court's order had suggested that the mosque was constructed during Mughal emperor Aurangzeb's rule over the remains of a Hindu temple.
Timeline
Sept 25, 2023 | Shailendra Kumar Pathak 'Vyas' files a suit before the civil judge senior division, seeking worship of Shringar Gauri, other visible and invisible deities in one of the cellars of Gyanvapi mosque and appoint the DM or any other suitable person as the receiver of the cellar in the southern side of building
Oct 19, 2023 | The district Judge transfers the suit to his court. Also rejects applications of AIM and KVT Trust challenging maintainability of the transfer application
Jan 17, 2024 | Dist judge appoints Varanasi DM as the receiver of the southern cellar of Gyanvapi mosque
Jan 23, 2024 | DM takes the southern cellar under his possession
Jan 31, 2024 | Dist court allows prayer in the southern cellar by priest assigned by KVT Trust
Feb 26, 2024 | High court upholds the dist court order
(With online desk inputs)
