The Supreme Court on Monday refused to overturn the Allahabad High Court’s decision, which upheld the Varanasi district court’s ruling allowing Hindus to conduct deity prayers inside the ‘Vyas Tehkhana’, the southern cellar of the Gyanvapi mosque.
A bench comprising Chief Justice of India (CJI) DY Chandrachud along with Justices JB Pardiwala and Manoj Misra issued an order for both parties to maintain status quo at the Gyanvapi premises, allowing both communities to continue offering religious prayers.
The status quo, as per the top court’s order, “shall not be disturbed by either of the parties without obtaining the previous sanction and leave of this Court,” as reported by Bar and Bench.
Under the Court’s directive, Hindus will access the cellar from the south to pray, while Muslims will pray in the northern section, maintaining this arrangement until the case is finally decided. The Court asserted the importance of maintaining the status quo, considering that Muslim prayers have continued uninterrupted after the district court and High Court orders, while Hindu prayers in the cellar are limited to the priests.
Furthermore, the Court issued notice to the Hindu parties regarding the appeal filed by Muslim parties and scheduled the matter for consideration in July.
The Court reaffirmed that Hindu parties will continue to conduct puja as per the January 31 order of the civil court, stating, “The religious observance of Hindus shall be in accordance with the order of January 31, 2024.”
While refusing to stay the offering of puja in the cellar, the Court reasoned that the areas where puja is conducted and where Muslims pray are distinct.
During the hearing, CJI Chandrachud remarked, “Are we correct to say that prayers in South (cellar) do not impact (Muslim) prayers in North? If this is correct… we can say let no further change happen in the status quo further. We say let namaz continue and worship in south cellar can continue.”
The bench heard an appeal filed by Muslim parties against the Allahabad High Court verdict, which rejected the plea challenging a January 31 Varanasi court order allowing Hindu parties to offer prayers and puja in the southern cellar/basement of the Gyanvapi Mosque.
Also Read:Varanasi court to hear plea against puja in cellar of Gyanvapi mosque on Feb 15
The Varanasi district court’s January 31 ruling permitted a priest to offer prayers in the southern cellar of the Gyanvapi mosque, based on the petition of Shailendra Kumar Pathak, who claimed his maternal grandfather, Somnath Vyas, offered prayers until December 1993. Pathak, as a hereditary pujari, requested permission to enter the tahkhana and resume pooja.
However, the mosque committee disputed the petitioner’s claim, stating that no idols existed in the cellar, hence prayers were not offered there until 1993.