Allahabad High Court Denies Interim Stay on Varanasi Court’s Decision Allowing Hindu Prayers in Gyanvapi Mosque Cellar Amidst Ongoing Dispute
Subtitle: Supreme Court Declines to Interfere, Grants Time for Amendment in Muslim Party’s Plea (Allahabad High Court Denies Interim Stay)
Date: [02/02/2024]
In the midst of the heated dispute over the religious identity of the property housing the Gyanvapi mosque, the Allahabad High Court has refused to grant an interim stay on a district court order issued on January 31. The district court’s decision allowed Hindu parties to perform prayers in a cellar within the Gyanvapi mosque in Varanasi.
The Allahabad High Court, in a hearing on Friday, declined to intervene and instead granted time until February 6 for the Muslim party, challenging the district court’s decision, to amend its pleadings. The court noted that the Muslim party had already filed a writ petition before the Jharkhand High Court, which is currently pending, and instructed them to include a challenge to a January 17 order. Once this amendment is done, the matter will be heard further.
Meanwhile, the Uttar Pradesh government, represented by its Advocate General, was directed to ensure the maintenance of law and order in the Gyanvapi area by the District Magistrate, following a joint request from the parties.
The plea before the Allahabad High Court was filed by the Anjuman Intezamia Masajid Committee (Allahabad High Court Denies Interim Stay)
The plea before the Allahabad High Court was filed by the Anjuman Intezamia Masajid Committee, the entity managing the Gyanvapi mosque. The committee challenged the Varanasi court’s January 31 order that permitted Hindu prayers in the mosque’s southern cellar.
Justice Rohit Ranjan Agarwal presided over the hearing, pointing out that the Muslim parties had not contested an earlier order from January 17, appointing a District Magistrate as a receiver. This receiver, according to the subsequent January 31 order, facilitated Hindu prayers in the mosque’s cellar.
The court emphasized the need for the Muslim party to challenge the January 17 order before addressing the January 31 decision. The mosque committee’s pleadings will be amended to include the challenge to the earlier order. However, the court declined to issue an interim stay on the January 31 order, citing the need for a comprehensive challenge to the preceding order.
The ongoing legal battle revolves around the Gyanvapi compound’s religious character, with Hindu claimants contending that a section of an ancient temple was destroyed during the Mughal era. The Muslim side asserts that the mosque predates the reign of Aurangzeb and has undergone various alterations over time.
The Varanasi district court’s January 31 order directed a receiver to permit Hindu parties to offer prayers and perform puja in the southern cellar of the Gyanvapi Mosque. The prayers are to be conducted by a priest nominated by the Kashi Vishwanath Trust Board, with the district court stipulating the erection of fencing within seven days for this purpose.
The Allahabad High Court’s decision to deny interim stay sets the stage for further legal proceedings and adds to the complex religious and legal dynamics surrounding the Gyanvapi mosque dispute.
