PRAYAGRAJ: Observing that the 1993 order of the then Uttar Pradesh Government’s stopping puja inside Vyas Tehkhana, located at the southern cellar of the Gyanvapi Mosque in Varanasi was illegal, the Allahabad high court on Monday dismissed the Anjuman Intezamia Masajid’s (AIM) appeal challenging the Varanasi district judge’s Jan 31, 2024 order allowing ‘puja’ in the basement.It also dismissed a Jan 17 2024 order of the same court by which it had appointed Varanasi DM as the receiver (caretaker) of the tehkhana.
Dismissing both the appeals filed by the AIM, which manages the Gyanvapi mosque, Justice Rohit Ranjan Agarwal said that the worship rituals were stopped by ‘illegal action of state without there being any order in writing’.
“The act of the state government since the year 1993 restraining the Vyas family from performing religious worship and rituals and also by the devotees was a continuous wrong being perpetuated,” observed the court in its 54-page judgment.
The court also observed that stopping worship and performing rituals by the devotees in the cellar “would be against their interest”. With this, the high court has effectively upheld the Varanasi district judge’s Jan 31 order which said: “DM, Varanasi / receiver is directed to get puja, raga-blog performed of idols located in the southern cellar of Gyanvapi Mosque through a priest nominated by Kashi Vishwanath Trust Board and plaintiff. For this purpose, make proper arrangements of iron fencing etc in seven days.”
While the AIM’s joint secretary SM Yaseen said they were going through the order and would approach the Supreme Court, Hindu side’s advocate Vishnu Shankar Jain said if the mosque management committee moves the Supreme Court, they will file a caveat before the apex court.
The district judge had passed the order on a plea filed by the acharya of Ved Vyas Peeth temple, Shailendra Kumar Pathak Vyas, seeking worship of Shringar Gauri and other visible, and invisible deities in the cellar of the mosque. Vyas is the scion of the family which was performing puja in this cellar till Dec 1993. His plea was that his maternal grandfather, priest Somnath Vyas, used to perform prayers there till 1993 when the cellar was closed by then Mulayam Singh Yadav govt without any court order. The plea also sought appointment of district magistrate or any other suitable persons as receiver of the cellar.
The appeal before the HC was filed by the AIM on Feb 1, soon after the Supreme Court refused to urgently hear its plea against the order allowing puja in Vyas Tehkhana. The AIM’s contention was that the Vyas Tehkhana was under their possession as being a part of the Mosque premises and that the Vyas family or anyone else do not have any right to worship inside the tehkhana.
Upholding district judge AK Vishvesha’s orders, 11 days after he had reserved its verdict, Justice Agarwal said: “After going through the entire records of the case and after considering arguments of the parties concerned, the court did not find any ground to interfere in the judgment passed by the district judge dated Jan 17, 2024 appointing DM, Varanasi, as receiver of the property as well as order dated Jan 31, 2024 by which the district court had permitted puja in the tehkhana (cellar).” ‘Vyas Tehkahana’ is located in the southern section of the Gyanvapi mosque’s enclosed complex. For over two centuries and till 1993, the Vyas family had been performing prayers and conducting various rituals within the tehkhana. However, the rituals were stopped in December 1993 by the then state government, headed by the chief minister Mulayam Singh Yadav of Samajwadi Party, who had formed the government on December 4, 1993.
In its judgment, emphasizing that the rights guaranteed to citizens under Article 25 of the Constitution regarding freedom religion cannot be taken away by arbitrary action of the state, the court asserted that the Vyas family’s freedom to practise their religion, including conducting religious worship and rituals in their cellar, cannot be arbitrarily restricted by the government through oral orders.
Significantly, the court has also noted that the existence of Vyas Tehkhana (cellar) owned by the Vyas family in the year 1937 is a prima facie proof of the continued possession claimed by the plaintiff till the year 1993.
It concluded: “…I find that the appellant (AIM) has not made out any case for interfering in the order dated 17.01.2024 and 31.01.2024 appointing the District Magistrate, Varanasi as receiver and arranging to carry out worship and rituals in Vyas tehkhana (cellar) under his supervision by the priest, so appointed. Moreover, worship has already started in the cellar since Feb 1, 2024.” The court also rejected the argument raised by the AIM regarding a clash of interest between the office of the DN and the receiver appointed by the court. The court noted that the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 provides that the DM, who, being the ex-officio member of the Board of Trustees and also member of the executive committee, is bound to act as per the duties of the board and also to comply the directions of the board and state government being the member of executive committee responsible for the superintendence, direction and control of the affairs of the temple.
“Once, the Varanasi DM is performing his duties enumerated under the Temple Act, 1983, his appointment as receiver by the court, who has to act on the direction and supervision of the court would not lead to any clash of interest,” the court added as it ruled that no malice in law or malice in fact can be imputed to the District Magistrate, Varanasi in the instant case.
The court also noted that ‘an attempt has been made to malign the image and impute motive to the order passed by the Court below on 31.01.2024 on the ground that the officer concerned (Judge AK Vishvesha) had passed the order on the last day of working.
Dismissing both the appeals filed by the AIM, which manages the Gyanvapi mosque, Justice Rohit Ranjan Agarwal said that the worship rituals were stopped by ‘illegal action of state without there being any order in writing’.
“The act of the state government since the year 1993 restraining the Vyas family from performing religious worship and rituals and also by the devotees was a continuous wrong being perpetuated,” observed the court in its 54-page judgment.
The court also observed that stopping worship and performing rituals by the devotees in the cellar “would be against their interest”. With this, the high court has effectively upheld the Varanasi district judge’s Jan 31 order which said: “DM, Varanasi / receiver is directed to get puja, raga-blog performed of idols located in the southern cellar of Gyanvapi Mosque through a priest nominated by Kashi Vishwanath Trust Board and plaintiff. For this purpose, make proper arrangements of iron fencing etc in seven days.”
While the AIM’s joint secretary SM Yaseen said they were going through the order and would approach the Supreme Court, Hindu side’s advocate Vishnu Shankar Jain said if the mosque management committee moves the Supreme Court, they will file a caveat before the apex court.
The district judge had passed the order on a plea filed by the acharya of Ved Vyas Peeth temple, Shailendra Kumar Pathak Vyas, seeking worship of Shringar Gauri and other visible, and invisible deities in the cellar of the mosque. Vyas is the scion of the family which was performing puja in this cellar till Dec 1993. His plea was that his maternal grandfather, priest Somnath Vyas, used to perform prayers there till 1993 when the cellar was closed by then Mulayam Singh Yadav govt without any court order. The plea also sought appointment of district magistrate or any other suitable persons as receiver of the cellar.
The appeal before the HC was filed by the AIM on Feb 1, soon after the Supreme Court refused to urgently hear its plea against the order allowing puja in Vyas Tehkhana. The AIM’s contention was that the Vyas Tehkhana was under their possession as being a part of the Mosque premises and that the Vyas family or anyone else do not have any right to worship inside the tehkhana.
Upholding district judge AK Vishvesha’s orders, 11 days after he had reserved its verdict, Justice Agarwal said: “After going through the entire records of the case and after considering arguments of the parties concerned, the court did not find any ground to interfere in the judgment passed by the district judge dated Jan 17, 2024 appointing DM, Varanasi, as receiver of the property as well as order dated Jan 31, 2024 by which the district court had permitted puja in the tehkhana (cellar).” ‘Vyas Tehkahana’ is located in the southern section of the Gyanvapi mosque’s enclosed complex. For over two centuries and till 1993, the Vyas family had been performing prayers and conducting various rituals within the tehkhana. However, the rituals were stopped in December 1993 by the then state government, headed by the chief minister Mulayam Singh Yadav of Samajwadi Party, who had formed the government on December 4, 1993.
In its judgment, emphasizing that the rights guaranteed to citizens under Article 25 of the Constitution regarding freedom religion cannot be taken away by arbitrary action of the state, the court asserted that the Vyas family’s freedom to practise their religion, including conducting religious worship and rituals in their cellar, cannot be arbitrarily restricted by the government through oral orders.
Significantly, the court has also noted that the existence of Vyas Tehkhana (cellar) owned by the Vyas family in the year 1937 is a prima facie proof of the continued possession claimed by the plaintiff till the year 1993.
It concluded: “…I find that the appellant (AIM) has not made out any case for interfering in the order dated 17.01.2024 and 31.01.2024 appointing the District Magistrate, Varanasi as receiver and arranging to carry out worship and rituals in Vyas tehkhana (cellar) under his supervision by the priest, so appointed. Moreover, worship has already started in the cellar since Feb 1, 2024.” The court also rejected the argument raised by the AIM regarding a clash of interest between the office of the DN and the receiver appointed by the court. The court noted that the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 provides that the DM, who, being the ex-officio member of the Board of Trustees and also member of the executive committee, is bound to act as per the duties of the board and also to comply the directions of the board and state government being the member of executive committee responsible for the superintendence, direction and control of the affairs of the temple.
“Once, the Varanasi DM is performing his duties enumerated under the Temple Act, 1983, his appointment as receiver by the court, who has to act on the direction and supervision of the court would not lead to any clash of interest,” the court added as it ruled that no malice in law or malice in fact can be imputed to the District Magistrate, Varanasi in the instant case.
The court also noted that ‘an attempt has been made to malign the image and impute motive to the order passed by the Court below on 31.01.2024 on the ground that the officer concerned (Judge AK Vishvesha) had passed the order on the last day of working.