Supreme Court refuses to stay order allowing puja in Gyanvapi cellar

The bench, also comprising Justices J B Pardiwala and Manoj Misra, ordered, “At this stage bearing in mind the fact that namaz is being offered by the Muslim community unhindered after the January 17 and 31, 2024, orders, and the offering of puja and worship by Hindu priest is in respect of the area of the tehkhana, it would be appropriate to maintain the status quo as it obtains at present so as to enable both the communities to offer religious worship in the above terms.”

The top court clarified that “the religious observances by the Hindus shall be in terms of the directions contained in the order dated January 31, 2024 subject to the custody of the receiver as specified in the earlier order dated January 17, 2024”.

As per an order dated January 17, the Varanasi district court appointed the District Magistrate as a receiver of the tehkhana and January 31, this was modified to allow puja to be performed in the tehkhana by a priest to be nominated by the Hindu plaintiffs and the Board of Trustees of the Kashi Vishwanath temple. On February 26, the Allahabad HC dismissed the challenge by the Muslim side to the January 31 order following which they moved the SC.

Appearing for the mosque committee, Senior Advocate Huzefa Ahmadi said, “There is an American expression: ‘salami tactics’. Bit by bit, piece by piece, I am losing the mosque. The wuzu khana, which was there for centuries, is now lost. Now they want to enter tehkhana. Now here is an application that there should be no namaz in the courtyard since the puja is under the courtyard and their religious rights are getting affected.” On the location of the cellar, Senior Advocate Shyan Divan, appearing for Hindu plaintiffs, said it is on the ground floor, on a raised plinth, at a different level from where the prayer is taking place in the mosque.