In a significant development concerning the Gyanvapi case, the Allahabad High Court has declined to halt the religious ceremonies at the Vyas Tehkhana within the disputed complex, following an order from the Varanasi District Court. The initiation of puja at the cellar began yesterday (February 1), as per the district court’s directive. The Gyanvapi Mosque Committee sought a stay on the district court’s order but was unsuccessful in obtaining one from the High Court.
However, the Allahabad High Court has instructed the state government to ensure the maintenance of law and order in the site.
The Muslim side approached the High Court after the Supreme Court refused to expedite their plea. The Chief Justice of India advised them to pursue the matter through the High Court channels instead.
In a hearing presided over by Justice Rohit Ranjan Agarwal, the court deliberated on a petition filed by the Anjuman Intezamia Masajid Committee challenging the Varanasi District Court’s order of January 31. This order permitted Hindus to conduct puja in the Vyas Ji ka Tehkhana, the southern cellar of the Gyanvapi mosque. Following thorough consideration of both sides’ arguments, the court declined to grant an interim stay on the district court’s ruling.
During the proceedings, the court highlighted that the mosque committee had not contested an earlier court order dated January 17, which appointed the District Magistrate as the receiver. This January 17 order was integral to the subsequent directive on January 31. Therefore, the court suggested that the mosque committee amend its appeal accordingly.
The Muslim side asserted the urgency of the matter, citing the commencement of puja in the cellar. They raised objections to the swift implementation of the court order, alleging chaos in the area due to the rushed execution. Senior advocate SFA Naqvi, representing the Muslim side, requested a stay on the January 31 order, stating their intent to challenge the January 17 order as well.
“As per the impugned order, 7 days were granted to the DM to have Puja performed in Tehkhana, but the DM moved there in 7 hours. He came there at 11 pm (on 31st January) with a force of 2000 police personnel and they started making changes to the area. This caused a lot of chaos in the city,” submitted Senior Counsel SFA Naqvi before a bench of Justice Rohit Ranjan Agarwal.
However, advocate Vishnu Sankar Jain, representing the Hindu side, opposed this, arguing that the plea lacked merit.
Jain further emphasised that the current issue of puja in the Vyas Cellar is distinct from the ongoing main case concerning the religious identity of the Gyanvapi compound.
“The final relief is that I may be permitted to do the puja. The court has granted the right to the Kashi Vishwanath trust to do the puja. My interim and final reliefs are very different…As of now my final relief is to be seen by the court. As of now, Kashi Vishwanath trust is doing the puja” he submitted.
On January 31, Judge AK Vishvesha of the district court issued an order permitting Hindus to conduct puja at the Vyas Ji ka Tehkhana. The administration was directed to remove the barriers and facilitate worship within seven days. Subsequently, the district administration complied with the order, removing the steel grill and allowing Hindu priests to perform initial rituals. Daily rituals have since been ongoing in the cellar.
The order reads, “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”
In November 1993, after the demolition of the disputed structure in Ayodhya, the then Mulayam Singh government passed an oral order to barricade the premises, ousting Hindus from the once-a-year opportunity to pray at the original Shringar Gauri’s Vigrah’ and also displacing Vyas Family from their customary place of Puja.
The Allahabad High Court’s refusal to grant an interim stay on the puja conducted in the southern cellar of the Gyanvapi Mosque, known as Vyas Tehkhana, marks a pivotal development in the ongoing legal battle. The court has granted the mosque committee time until February 6, 2024, to make necessary amendments to its appeal, emphasising the importance of addressing all pertinent legal aspects.
