Gyanvapi Mosque case: India’s top court refuses to halt Hindu prayers inside complex cellar

On Monday (April 1), the Supreme Court issued notices returnable by April 31 and passed an interim order to preserve the current situation regarding the Hindu prayers conducted at the Gyanvapi mosque complex. The court was responding to a plea from the Gyanvapi mosque committee, which contested orders from the Allahabad High Court and Varanasi court permitting 'puja' in the 'Vyas Tehkhana' or the southern cellar of the structure.

"At this stage, bearing in mind the fact that the Namaz is offered by Muslim community unhindered after the orders dated January 17 and January 31 and the offering of pooja by Hindu priest is confined to the area of tehkhana, it is appropriate to maintain status quo so as to enable both the communities to offer worships in the above terms," the CJI DY Chandrachud said while dictating order.

The Chief Justice of India additionally mentioned that the religious practices of Hindus would adhere to the guidelines outlined in the order dated January 31, 2024, and would be subject to the secure guardianship of the receivership.

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Senior Advocate Huzefa Ahmadi represented the mosque committee and informed the court that the trial court and subsequently the Allahabad High Court had issued an unprecedented order. He stated, "The consequence of the order is to provide final relief at the interim stage."

Ahmadi further mentioned that despite the state government not being involved in the case, they enforced the trial court's order in the late hours of the night, allowing the puja to take place immediately after the order was issued. This action, according to Ahmadi, prevented the mosque committee from seeking a stay.

Following inquiries about the mosque's entry and exit points, the Chief Justice of India suggested that the Supreme Court could allow Namaz to continue after entry from the north side, while worship in the south cellar could proceed.

"So if this is the position, we can issue notice to seek replies and post the matter for further hearing in July," the CJI suggested.

However, Ahmadi asserted that his argument is for a complete halt and conveyed to the court that gradually, the committee will lose control of the entire premises due to the manner in which petitions are being lodged in the trial court. He stated that approximately 20 lawsuits have been filed, with one aimed at preventing access to the courtyard.

"History has taught us that what happened in Ayodhya where multiple interim orders were passed and we could protect the mosque."

Senior Advocate Shyam Diwan, representing the Hindu party, stated that there is currently no requirement for intervention by the Supreme Court.

"This is a personal right as far as the Vyas family is concerned. For generations, they have been the pujaris. The final relief is not yet granted by the Court," Diwan said.

Hindu argument on access

Representing the Hindu side, it was argued that access to the Vyas Tehkhana area is traditionally from the southern side of the Gyanvapi complex, while access to the mosque for Namaz is from the north side. They further saidthat the Vyas family has historically maintained possession of the Vyas Tehkhana.

Additionally, they stated that idol worship startedfollowing the trial court's order, and disrupting these arrangements may not be appropriate.

Prayers began in the Vyas Tehkhana on January 31 following a Varanasi court ruling allowing prayers in the southern cellar of the mosque.

On February 26, the Allahabad High Court upheld the Varanasi court's decision permitting Hindu prayers in the Vyas cellar of the Gyanvapi mosque. The court deemed the Uttar Pradesh government's 1993 action of halting Hindu prayers inside the Vyas basement illegal, as it was executed without a written order.

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Currently, prayers are being conducted by a Hindu priest appointed by the Kashi Vishwanath temple trust and petitioner Shailendra Kumar Pathak, who claims that his maternal grandfather Somnath Vyas, also a priest, offered prayers in the cellar until December 1993.

(With inputs from agencies)