Allahabad High Court Upholds Puja Rights in Gyanvapi Mosque Cellar, Declares 1993 Ban Illegal
Decision by then U.P. govt. in 1993 to stop the prayers was illegal, says HC
Police personnel keep vigil at the Gyanvapi Mosque Complex during the Friday Prayers, in Varanasi. File | Photo Credit: ANI
In a significant verdict, the Allahabad High Court has dismissed the plea filed by the Anjuman Intezamia Masjid Committee, upholding the right to conduct prayers in the southern cellar of the Varanasi-based Gyanvapi mosque. The court’s decision also declared the 1993 decision by the then Uttar Pradesh government, headed by the Samajwadi Party, to stop the worship inside the cellar as “illegal”.
The Varanasi district court, on January 31, had permitted prayers inside the ‘Vyas Ka Tehkhana’ (sealed basement) area of the Gyanvapi mosque complex, adjacent to the Kashi Vishwanath temple. This decision came following a plea by Shailendra Kumar Pathak ‘Vyas’, who claimed ownership of the site and sought worship rights within the cellar. The district court’s directive to commence the puja within seven days was swiftly executed by the District Magistrate.
The Vyas family, representing the plaintiff, highlighted their two-century-long history of performing prayers at the site until 1993 when worship was abruptly halted under the orders of the then government. The High Court, in its judgment, emphasized the significance of religious freedom guaranteed by Article 25 of the Constitution, asserting that citizens’ rights under this provision cannot be arbitrarily revoked by the state.
The court observed that the actions taken by the state government since 1993, restraining the Vyas family and devotees from performing worship and rituals, were unjust. It noted prima facie evidence supporting the Vyas family’s claim to the disputed property, particularly citing the existence of the Vyas tehkhana owned by the family in 1937.
Responding to challenges against the appointment of the District Magistrate as Receiver to oversee puja arrangements, the court clarified that such duties are consistent with the responsibilities of the Board of Trustees under the Temple Act, 1983.
This verdict comes in the wake of a scientific survey report submitted by the Archaeological Survey of India (ASI) in December 2023, affirming the existence of a large Hindu temple beneath the Gyanvapi mosque. The ASI’s survey was conducted following a court order to investigate if the mosque was constructed over a pre-existing Hindu temple structure.
FAQs:
- What was the plea filed by the Anjuman Intezamia Masjid Committee? The committee challenged a district court’s order permitting prayers in the cellar of the Gyanvapi mosque.
- What was the basis of the High Court’s decision? The High Court deemed the 1993 government decision to halt worship as illegal and upheld the religious rights of the Vyas family.
- Why was the appointment of the District Magistrate as Receiver challenged? The mosque committee contested the appointment, but the court found no conflict in the DM’s duties concerning puja arrangements.
- What did the ASI survey reveal? The ASI’s survey supported claims of a pre-existing Hindu temple beneath the Gyanvapi mosque, adding significance to the legal dispute.