Gyanvapi case: Hindu puja to continue inside southern cellar, Allahabad HC dismisses AIMC’s plea

The Allahabad High Court on Monday dismissed a plea challenging an order that allowed Hindus to carry out puja in the southern cellar inside the Gyanvapi complex in Uttar Pradesh’s Varanasi. 

A single judge bench of the High Court comprising Justice Rohit Ranjan Agarwal quashed a petition filed by the Anjuman Intezamia Masjid Committee (AIMC). The plea by the AIMC challenged a previous order by the court that permitted Hindus to carry out puja in the ‘Vyas ji ka Tehkhana’.

The ‘Vyas ji ka Tehkhana’ is located in the southern area of the Gyanvapi complex.

What did Varanasi court say on the matter?

On January 31, a Varanasi court allowed Hindus to worship inside the southern cellar or 'Vyas ji ka Tehkhana'. The court also directed the district administration to make arrangements for the puja to be performed and asked the Shri Kashi Vishwanath Temple to nominate a priest.

The Varanasi court issued its order after women plaintiffs moved the Supreme Court seeking the excavation and a survey of the sealed area of the Gyanvapi Mosque. The plea came after the Archaeological Survey of India (ASI) report revealed a large Hindu temple existed at the site before the Gyanvapi mosque was constructed. 

In their plea, the plaintiffs contended the exact nature of the Shivling can be determined after removing artificial/modern walls/floors/surrounding it and by undertaking a survey of the sealed area through excavation and other scientific methods. 

Following the court's order, the AIMC moved the Allahabad High Court. The High Court, after hearing the arguments, reserved its decision on February 15.

Also Read: 'If he comes to Bengal...': Trinamool leader warns Yogi Adityanath on Gyanvapi mosque row

Gyanvapi Mosque Allahabad HC verdict reactions

Commenting on the decision of the High Court, senior advocate Hari Shankar Jain, who represented the Hindu side, told news agency ANI that Hindus were performing puja in the cellar till 1993 but were stopped unlawfully.

“It is a decision worth welcoming. The right that Hindus have to perform puja has been maintained by the High Court. Hindus were performing puja in the Vyas Tehkhana until 1993, but they were stopped unlawfully. They (the Muslim side) can move the Supreme Court, but we are ready to oppose,”  Jain said. 

Advocate Vishnu Shankar Jain, who represented the Hindu side and the son of advocate Hari Shankar Jain, said that if the Anjuman Intezamia Masjid Committee challenges the High Court order in the Supreme Court, the Hindu side will file a caveat before the top court. 

"Today, the Allahabad High Court has dismissed the first appeal from orders of Anjuman Intezamia which was directed against the order of 17th and 31st January 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," Vishnu Shankar Jain said. 

Moreover, advocate Subhash Nandan Chaturvedi noted that even the High Court accepted that puja and religious rituals used to take place in the cellar until 1993.

He also said that the court also acknowledged that the rituals were stopped in 1993 without any document or order. Advocate Prabhash Pandey noted that the District Magistrate will continue as the receiver of the 'tehkhana'. 

Gyanvapi case: Claims of the Hindu, Muslim sides

Lawyers and activists from the Hindu side have claimed a temple existed at the Gyanvapi mosque site, which was demolished in the 17th century on the orders of Mughal emperor Aurangzeb.

The AIMC lawyer Akhlaq Ahmed, however, has refuted the claims by the Hindu side, claiming the findings were merely reiterations of what was discovered during previous court-ordered proceedings by an Advocate Commission.

He also questioned the Hindu side's expertise in determining the age of the building materials and noted the ASI report does not specify the age of the stones. 

Also Read: 'Hindus asking for only 3 places': CM Yogi's big statement as dispute heats up on Gyanvapi, Mathura's Shahi Idgah