PRAYAGRAJ: The Allahabad high court on Monday dismissed the Muslim side's appeal against the Varanasi district court's order and allowed Hinuds to continue prayers inside the 'Vyas Tehkhana' of Gyanvapi.
The Anjuman Intezamia Masajid (AIM), the Gyanvapi management committee, had challenged the January 17, 2024 order of appointing Varanasi district magistrate (DM) as the receiver (caretaker) of the southern cellar of the mosque, popularly known as 'Vyasji ka Tahkhana'.
The Varanasi district court judge, on the basis of the January 17 order, allowed puja inside the cellar on January 31.
'No ground to interfere'
Upholding the district judge AK Vishvesha's orders, Justice Rohit Ranjan Agarwal on Monday said: “After going through the entire records of the case and after considering arguments of the parties concerned, the court did not find any ground to interfere in the judgement passed by the district judge dated Jan 17, 2024 appointing DM, Varanasi, as receiver of the property as well as order dated Jan 31, 2024 by which the district court had permitted Puja in the tehkhana (cellar).”
'Muslim side may approach Supreme Court'
While the AIM's joint secretary SM Yaseen said they were going through the order and would approach the Supreme Court, the Hindu side's advocate Vishnu Shankar Jain said: "Today, the Allahabad HC has dismissed the first appeal from Anjuman Intezamia which was directed against the order of January 17 and 31 and the effect of the order is that the ongoing puja in the 'Vyas Tehkhana' of Gyanvapi complex will continue. If the Anjuman Intezamia comes to the Supreme Court, we will file our caveat before the SC".
The Varanasi district judge had passed the order on a plea filed by the acharya of Ved Vyas Peeth temple, Shailendra Kumar Pathak Vyas on September 25, 2023. Shailendra Vyas had sought worship of Shringar Gauri and other visible, and invisible deities in the cellar of the mosque. Vyas is the scion of the family who was performing puja in this cellar till December 1993.
Shailendra Vyas argued in his plea that his maternal grandfather, priest Somnath Vyas, used to perform prayers there till 1993 before the Mulayam Singh Yadav government ordered to close the cellar without any court order. The plea also sought the appointment of the district magistrate (DM) or any other suitable persons as receiver of the cellar.
In its January 17, 2024 order, the district judge appointed the DM as the receiver after which the DM took the custody of the southern cellar of Gyanvapi mosque on January 23. On January 31, the judge allowed puja in the cellar
Hindu side lawyer Vishu Shankar Jain said that the Vyas family possessed a southern cellar for centuries and offered prayer to deities.
“But, in December 1993, the then Mulayam Singh Yadav government covered it with a steel fence without any judicial order thus stopping the puja," said Jain, mentioning that this point had been highlighted in the suit.
'Shringar Guari case'
Before Shailendra Vyas's plea, five women plaintiffs had also approached the civil court in August 2021 seeking the worship of Shirngar Guari and other visible and invisible deities inside the Gyanvapi complex.
The civil court ordered a court-monitored survey of the complex, during which the Hindu side claimed a 'shivling' was found in the wuzu pond of the complex. The survey was challenged by the AIM in the apex court.
The Supreme Court ordered the sealing of the pond area and transferred the case to the district judge on May 20, 2022. The case is now known as 'Suit no. 18/2022 Rakhi Singh and others vs UP state and others'. Seven other suits with similar demand were clubbed with Suit no. 18/2022.
Under the same plea, the district judge ordered the Archaeological Survey of India (ASI) survey of the Gyanvapi complex on July 21, 2023.
Quoting the ASI report which was handed over to both sides on Jan 25, 2025, the Hindu side has claimed that Gyanvapi mosque was constructed after razing a grand temple.
Four out of five women plaintiffs in suit no. 18/2022 -- Laxmi Devi, Sita Sahu, Manju Vyas and Rekha Pathak -- were also present inside the court. While they expressed joy and their supporters broke into celebrations, they claimed that their wish of offering prayer to Shringar Gauri and other deities would also be fulfilled.
Timeline
Sept 25, 2023 | Shailendra Kumar Pathak 'Vyas' files a suit before the civil judge senior division, seeking worship of Shringar Gauri, other visible and invisible deities in one of the cellars of Gyanvapi mosque and appoint the DM or any other suitable person as the receiver of the cellar in the southern side of building
Oct 19, 2023 | The district Judge transfers the suit to his court. Also rejects applications of AIM and KVT Trust challenging maintainability of the transfer application
Jan 17, 2024 | District judge appoints Varanasi DM as the receiver of the southern cellar of Gyanvapi mosque
Jan 23, 2024 | DM takes the southern cellar under his possession
Jan 31, 2024 | Dist court allows prayer in the southern cellar by priest assigned by KVT Trust
Feb 26, 2024 | Allahabad high court upholds the dist court order
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