In a significant development, the Allahabad High Court has dismissed the appeal filed by the Gyanvapi Mosque committee, thereby upholding the Varanasi Court's order permitting 'Puja' in the 'Vyas Tehkhana' of the mosque premises. This decision marks a pivotal moment in the ongoing legal battle surrounding religious rituals within the Gyanvapi Mosque complex.
The verdict, pronounced by a bench led by Justice Rohit Ranjan Agrawal, comes after thorough deliberation and hearings involving both parties. The appeal, submitted by the Anjuman Intezamia Mosque Committee, contested the Varanasi Court's directive issued on January 31, allowing the performance of religious ceremonies in the southern cellar of the mosque.
At the heart of the dispute lies the ownership and usage rights of the 'Vyas Tehkhana' within the Gyanvapi Mosque. The Mosque committee argued that the cellar is part of their premises and contested the rights of others, including the Vyas family, to conduct worship within it. They emphasized the lack of precedence for such rituals since 1993 and questioned the basis for altering the status quo after three decades.
Conversely, advocates representing the Hindu plaintiff supported the Varanasi Court's order, highlighting that the initial request for worship inside the Tehkhana had been granted on January 17 but was omitted from the subsequent ruling. The court's invocation of Section 152 CrPC facilitated the inclusion of this provision in the final order on January 31.
The dispute traces back to the historical practice of religious ceremonies conducted by the Vyas family within the Tehkhana until 1993. However, following governmental directives, these practices were discontinued, leading to legal disputes over the resumption of worship activities.
The January 31 order of the District Judge paved the way for the resumption of Hindu worship within the Vyas Tehkhana, appointing the district magistrate as the receiver and outlining specific arrangements for the rituals. Subsequently, the Varanasi District administration, in compliance with the court's directive, facilitated the worship ceremonies within the mosque complex.
The High Court's decision to uphold the Varanasi Court's ruling has far-reaching implications for the ongoing discourse surrounding religious rights and heritage preservation in India. It underscores the delicate balance between legal principles, communal sentiments, and cultural heritage in resolving complex disputes of this nature.
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