Gyanvapi | 'District Judge Allowed 'Puja' In 'Vyas Tehkhana' Under Hindu Plaintiff's Influence': Mosque Committee Submits In High Court

The Anjuman Intezamia Mosque Committee (which manages Gyanvapi Mosque in Varanasi) today argued before the Allahabad High Court that Varanasi District Judge's 31st January order permitting Hindu parties to perform puja in the southern cellar of the Gyanvapi mosque (Vyas Ji ka Tehkhana) was passed under the influence of the Hindu plaintiff as no cogent reasons were specified in the order allowing Puja/Raga Bhoga inside the Tehkhana.

The submission was made by Senior Counsel SFA Naqvi before a bench of Justice Rohit Ranjan Agrawal in an appeal moved by the Mosque committee challenging the Varanasi District Judge's January 31st Order.

"This order (of January 31st) itself reflects that the order was not passed under any provisions of CPC. It was passed under the influence of the plaintiff. Whatever the plaintiff said, the District Judge accepted it as a gospel truth. There is no written statement filed as to who is this person who appears after 30 years and claims rights to perform puja inside tehkhana," Naqvi argued.

He also contended that by allowing Puja in the Vyas Tehkhana, the District Judge had effectively allowed the main relief sought in the plaint. He further argued that when the application of the Hindu plaintiff had already been disposed of on 17th January, where a receiver was appointed, how could the District Judge pass another order on the same disposed-of application on January 31st?

"The court below has categorically observed that the questions about whether the site was taken from the plaintiff, or whether he surrendered it, has to be decided after the framing of issues. But by the operative portion (allowing for Puja), the Judge said something else," Naqvi argued.

Further, Advocate Puneet Gupta, appearing for the Mosque committee also submitted that the District judge was not correct in allowing Puja inside the Tehkhana, as he had failed to record his satisfaction that there was no irreparable loss to the Mosque committee.

"If lordship may see, there is not a single word why such a strong mandatory injunction has been issued virtually allowing prayer d of the main plaint. District Judge allowed something which was allegedly last performed in 1993, in 2024, without recording any finding. The District Judge failed to record his satisfaction before passing the order that no irreparable loss would be caused to the Gyanvapi Mosque committee," he contended.

Gupta further argued that it was an admitted fact that since 1993 there has been no puja in tehkhana and hence, if after 30 years, the Court was appointing a receiver and changing the status quo, there should have been some cogent reason behind the decision. He also submitted that the Hindu Plaintiff was never in possession of the Vyas Tehkhana, and the question about the possession can only be decided after framing of issues.

"Once the application was allowed (on 17th January), the District Judge had become functus officio. Koi clerical mistake hoti to order change kar dete (on 31st January), but the District Judge changed the entire order...The District Judge failed to record his satisfaction before passing the order that no irreparable loss would be caused to the Gyanvapi Mosque committee. Not a single line in that regard, no balance of convenience, no irreparable loss. There is no satisfaction recorded," he submitted.

Here it may be noted that the counsels for the Hindu plaintiff, Advocate Hari Shankar Jain and Vishnu Shankar Jain have supported the January 31st order of the Varanasi District Judge by stating that their first prayer (for appointment of a receiver) was allowed on 17th Jan, however, due to some omission, the second prayer (for the performance of prayers inside Vyas Tehkhana) was not allowed, so when they requested the District Judge to allow the second prayer too, he allowed the same on January 31st by invoking [powers under Section 152 CrPC.

Read more of their arguments here: Gyanvapi | 'Puja Never Ceased In Vyas Tehkhana': Contends Hindu Plaintiff In HC Amid Mosque Committee's Claims Of Having Its Possession Till 1993

It has been the consistent stand of the Hindu parties that the Hindu 'Puja-Path' never stopped inside the Tehkhana and the same continued even after 1993 when the CRPF took possession of the same.

For context, the entire dispute relates to 'Somnath Vyas' tehkhana inside Gyanvapi Mosque premises. Until 1993, the Vyas family allegedly conducted religious ceremonies in the basement. However, in compliance with a directive from the state government, the religious practices were discontinued.

The Varanasi District administration had taken over the possession of the southern cellar within the Gyanvapi mosque complex on January 24, 2023, after the District Judge made the DM a receiver of the property on January 17.

On 31st January, the District Judge paved the way for the worshipping of Hindu deities inside the Vyas Tehkhana by allowing an application in the suit filed by Plaintiff Shailendra Kumar Pathak Vyas seeking worship of Shringar Gauri and other visible and invisible deities in the cellar of Gyanvapi mosque and for the appointment of the district magistrate as the receiver of the cellar in the southern side of Mosque (aka Vyas Ji ka Tehkhana).

Challenging that order, the Mosque committee has moved to the High Court. Due to paucity of time, the hearing couldn't conclude and hence, the Court has posted the matter for further hearing on February 15.