Read Time: 05 minutes

Synopsis

The Allahabad High Court, while dismissing the plea of the mosque committee challenging a January 31, 2023 order of the Varanasi Court allowing  'Pooja' in 'Vyas Tehkana' or the southern cellar of Gyanvapi complex observed that "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".

The bench of Justice Rohit Ranjan Agarwal asserted:

"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."

Further, regarding the possession claim by the Anjuman Intezamia Masajid Committee, which manages the affairs of Gyanvapi, court held that "it could not establish prima facie possession over the property when the area was iron-fenced and barricaded in 1993".

Moreover, court refuted the argument put forth by the mosque committee that grant of interlocutory mandatory injunction against them from creating any obstacle, hindrance, or interference in the performance of daily Pooja, Aarti, Bhog, and observance of all the rituals to the deities present at the southern cellar amounted to granting of final relief.

Court held that such submission was misplaced and the rights of the appellant ( the mosque committee) will not be prejudiced as they failed to prima facie establish their possession. 

Muslim side had challenged the order claiming bias on the part of the Varanasi Court judge who allowed Hindu priest to perform 'Pooja' in 'Vyas Tehkana'.

The Hindu side's argument was that the order allowing puja inside Tehkhana was 'not improper', as being alleged by the Muslim side. Their main argument is that the Hindu Puja in the southern cellar continued till 1993, and there was no bar that it could not be performed now. 

Shortly after the January 31 order of the Varanasi district court allowing Hindu devotees to worship in 'Vyas Tehkana', the pooja began. 

Challenging the local court's directions, the mosque management committee moved the Supreme Court, which redirected it to the Allahabad High Court. 

On January 31, the Varanasi District Court granted permission to priest Shailendra Kumar Pathak, who filed a plea seeking direction to allow him the right to worship Hindu deities in the cellar of the Gyanvapi.

Notably, in its recent report, the Archaeological Survey of India (ASI) stated that there existed a Hindu temple beneath the current structure of the mosque.

Case Title: Committee Of Management Anjuman Intezamia Masajid Varanasi v. Shailendra Kumar Pathak Vyas And Another