Supreme Court Refuses Stay On Permitting Hindu Prayers In Gyanvapi Mosque Cellar (image-X/logiclub_in)
The Supreme Court declined to grant a stay on the Allahabad High Court’s order allowing Hindu parties to conduct puja in the southern cellar of the Gyanvapi Mosque. However, the court directed both Hindu and Muslim parties to maintain the status quo at the Gyanvapi premises to maintain religious prayers for both communities.
Presided over by Chief Justice of India DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, the top court refused to stay the Varanasi’s January 31 order permitting Hindu groups to perform puja in the southern cellar of the Gyanvapi Mosque, known as the ‘Vyas Tehkhana’. Instead, the Court ordered that the status quo be upheld to allow both Hindu and Muslim communities to offer prayers without disturbance.
The Court emphasised that the Hindus will access the cellar from the south for their prayers, while Muslims will continue their prayers in the northern section of the mosque, adding that the status quo shall not be altered by either party without prior approval from the Court. This arrangement is to remain in place until the case is conclusively decided by the court.
“Bearing in mind the fact that the namaz is offered by Muslim communities unhindered after the district court and High Court orders, and that prayers in tehkhana are limited to the Hindu priests. It is important to maintain the status quo so that both communities can perform religious worship in the above terms,” stated the Court, as quoted by Bar and Bench.
Since the access to the cellar and the area where Muslims pray are different, the Court reasoned that there will be no stay on offering puja in the cellar.
During the proceedings, Senior Advocate Huzefa Ahmadi, representing the Muslim party, sought a stay on the Varanasi court’s order, expressing concerns about potential discord, violence, and the difficulty of reverting to the previous state once Hindu prayers commence inside the cellar.
Ahmadi referred to the history of the Babri Masjid-Ram Janmabhoomi dispute and urged the Court to prevent any further changes to the premises if a complete stay was not granted. He said, “We are in your hands, and we know what happened at Ayodhya, and despite of interim orders, the mosque Babri Masjid could not be protected. This is what history taught us…” as quoted by a Bar and Bench report.
On the other side, Senior Advocate Shyam Divan, representing the Hindu parties, argued that the orders under scrutiny did not warrant intervention by the top court at this stage.
A Brief Context for the Dispute
The background of the case involves a longstanding civil court dispute regarding the religious identity of the Gyanvapi compound. The Hindu parties contend that Hindu prayers were offered by the family of a man called Somnath Vyas in the cellar until 1993. Allegedly, the government under Mulayam Singh Yadav directed the discontinuation of the practices.
Meanwhile, the Muslim side claims that the ‘Vyas Tehkhana’ falls within the jurisdiction of the mosque premises and claims that neither the Vyas family nor any other entity has the right to perform worship activities within the area. Refuting the assertions of prayers being offered until 1993, the Anjuman Intezamia Masjid Committee, which manages the mosque, claims that no idols existed in the cellar.
The main contention revolves around the alleged destruction of a section of an ancient temple during Aurangzeb”s reign in the 17th century and subsequent alterations to the mosque structure.
On February 26, the Allahabad High Court dismissed the petition filed by the Masjid Committee challenging the Varanasi district court’s decision to allow Hindu prayers in the southern cellar of the Gyanvapi mosque.
