Allahabad High Court declines interim stay on Varanasi court order allowing Hindu prayers in Gyanvapi mosque cellar

The Allahabad High Court on Friday declined to grant interim stay on a district court order of January 31 permitting Hindu parties to perform prayers and puja in the southern cellar of the Gyanvapi mosque at Varanasi. .The High Court today granted time till February 6 for the Muslim party (which challenged the district court order) to amend its pleadings to include a challenge to a January 17 order consequent to which the January 31 order was passed. The matter will be heard next once this is done. In the meanwhile, the Uttar Pradesh government (represented by its Advocate General) was told to ensure that law and order is maintained in the Gyanvapi area. "On the joint request of parties, put up this matter, as fresh, on 06.02.2024. Learned Advocate General undertakes that law and order situation shall be maintained by the District Magistrate pursuant to the order passed by the District Judge, Varanasi," the Court directed..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 heard the matter today. At the outset, he 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 while addressing the mosque committee..The judge also questioned whether the mosque committee was heard by the Varanasi court before it passed its January 31 order.The Court went on to opine that unless the January 17 order appointing a District Magistrate as court receiver is challenged, it may not be possible to hear the mosque committee's challenge."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 submitted.Naqvi added that the mosque committee's pleadings would be amended to challenge the January 17 order as well. In the meantime, he urged the Court to stay the January 31 order..The suggestion was opposed by the Hindu side, represented by advocate Vishnu Jain.Jain asserted 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.Jain also highlighted that the relief sought by the Hindu parties in their application (which led to the January 31 order) and the main suit (concerning the religious character of the Gyanvapi compound) were completely different..The main dispute over the Gyanvapi compound involves a claim by the Hindu side that a section of an ancient temple on the said land was destroyed during the rule of the Mughal emperor Aurangzeb in the 17th century.On the other hand, the Muslim side has maintained that the mosque predated Aurangzeb's reign and that it had endured various alterations over time..Amid this ongoing court dispute over the religious character of the property (which houses the Gyanvapi mosque), a district court in Varanasi on January 31 directed a receiver to allow Hindu parties to offer prayers and puja in the southern cellar of the Gyanvapi Mosque.Judge AK 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 submitted that worship activities were earlier conducted in the basement by Somenath Vyas and his family until November 1993, when it was prohibited by the government of the time led by Mulayam Singh Yadav.The Muslim side denied these claims and maintained that they always had possession over the mosque's building. .The mosque committee first challenged the Varanasi court's January 31 order before the Supreme Court and sought an expedited hearing in the matter. However, the Registrar, acting on instructions, directed the Muslim party to approach the Allahabad High Court instead..On a related note, the Allahabad High Court had on January 31 sought the response of the mosque committee to a plea filed by a Hindu party seeking an ASI survey of the wuzukhana region within the mosque's premises.Notably, the ASI had already conducted a comprehensive scientific survey of the Gyanvapi mosque complex excluding the wuzukhana.The ASI also 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..[Read Order]