Hindu prayers at cellar of Gyanvapi mosque to continue as Allahabad HC refuses to stay on Varanasi court order
The Allahabad High Court on Friday declined to grant an interim stay on the Varanasi district court order of January 31 permitting Hindus to perform prayers and puja in the southern cellar of the Gyanvapi mosque. The High Court granted time till February 6 for the Muslim party to amend its pleadings to include a challenge to a January 17 order consequent to which the January 31 order was passed.
The Court was hearing a plea by the Anjuman Intezamia Masajid Committee (which manages the Gyanvapi mosque) challenging the Varanasi court’s January 31 order in the matter.
Justice Rohit Ranjan Agarwal observed that the Muslim parties had not yet challenged an earlier order passed on January 17 whereby a District Magistrate was appointed as a receiver. This receiver was later on January 31 ordered to facilitate the conduct of Hindu prayers in the mosque’s cellar.
“You haven’t contested the order dated January 17th, appointing the District Magistrate as the receiver. This (January 31 order) is a consequential order…Amend your appeal,” Justice Agarwal said, during the arguments of the mosque committee. “There is urgency in the matter. They have already started puja in the Vyas Tehkhana (southern cellar),” replied senior advocate SFA Naqvi, who appeared for the mosque committee.
Naqvi also argued that the hasty implementation of the district court’s January 31 order has led to chaos. He pointed out that the District Magistrate was given seven days to arrange for the puja. However, the DM initiated the process within seven hours…This has led to chaos in nearby area,” Naqvi pointed out. The Mosque committee’s arguments were opposed by the Hindu side, represented by advocate Vishnu Jain.
Jain reiterated that the mosque committee could not challenge the January 31 order without first challenging the January 17 order. He argued that the appeal by the committee was, therefore, not maintainable.
Judge A K Vishvesha of the district court, who retired a day after passing the order, had added that the prayers should be conducted by a priest nominated by the Kashi Vishwanath Trust Board. For this purpose, fencing may also be erected within seven days, the district court directed. The said order was passed in response to a plea by Hindu plaintiffs seeking worship rights in the Vyas ‘Tehkhana’ (basement) of the land housing the Gyanvapi Mosque.
The Hindu side pointed out that worship activities were earlier conducted in the basement by Somnath Vyas and his family until November 1993, when it was prohibited by Mulayam Singh Yadav’s regime.
The Archeological Survey of India (ASI) recently submitted a survey report to the Varanasi district court asserting that an ancient Hindu Temple existed at the site before the construction of the Gyanvapi Mosque.[1]
Reference:
[1] Full details from the ASI Report – Clearly shows that Gyanvapi Mosque was built by destroying the Hindu Temple – Jan 26, 2024, PGurus.com
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