The Allahabad High Court has rejected the Muslim party’s plea to stop the Hindu prayers in the Vyas ji ka Tehkhana in the Gyanvapi Masjid complex. The Vyas ji ka Tehkhana is a cellar in the Gyanvapi complex which has been passed through the generations in the Vyas family since 1551. The cellar had reopened after 30 years for religious prayers after the district court’s permission.
The plea from the Muslim side comes after the district court had allowed Shailendra Pathak Vyas to continue prayers at the location after it was prohibited 30 years ago. The cellar was closed for prayers in 1993 by the Mulayam Singh government in the aftermath of the Babri Masjid demolition after citing law and order issues.
However, now the Allahabad HC has agreed to the judgment of the district court and called the prohibition of praying in the cellar as “illegal”. The High Court judgment said, “The worship and rituals which continued to be performed in the cellar by Vyas family till 1993 was stopped by illegal action of State without there being any order in writing”
“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State,” the order added. The order also mentioned that the cellar had been in the Vyas family’s possession since 1551 and also had the documents to show the property being willed down through generations.
“Failure of appellant to establish prima facie possession over the disputed property, and plaintiff succeeding in building up a strong prima facie case negating the stand of appellant, leads to undeniable situation that stopping worship and performance of rituals by the devotees in the cellar would be against their interest,” the court said.
“Prima facie I find that act of the State Government since year 1993 restraining Vyas family from performing religious worship and rituals and also by the devotees was a continues wrong being perpetuated,” Justice Rohit Ranjan Agarwal said in the order. The HC also said that an attempt was made to malign the image of the lower court and it’s judge “on the ground that the officer concerned had passed the order on last day of working”.
“Considering the overall submissions advanced by the respective counsel of the parties and after analysing the material on record, I find that the appellant 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,” the court said, noting that prayers in the cellar started on February 1.
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