SC’s status quo on religious practices by Hindu, Muslim at Gyanvapi Mosque

New Delhi: The Supreme Court on Monday declined to stay Hindu prayers in the southern cellar of Varanasi’s Gyanvapi mosque. Simultaneously, it ordered a “status quo” on religious practices by both Hindu and Muslim communities within the mosque.

The court was considering a new appeal from the Gyanvapi mosque management committee against a decision by the Allahabad High Court. The latter upheld a lower court’s ruling permitting Hindu prayers in the mosque’s southern cellar.

The Supreme Court observed that both Muslim and Hindu communities have been performing their respective religious practices “unhindered” within the mosque. Therefore, maintaining a status quo would currently serve justice.

A bench led by Chief Justice D Y Chandrachud asked for a response from priest Shailendra Kumar Pathak Vyas by April 30 regarding the mosque committee’s plea.

The court stated that considering the unhindered offering of namaz by the Muslim community and the confined offering of pooja by a Hindu priest in the tehkhana area, it is suitable to maintain the status quo. This would allow both communities to continue their worship.

The court, after reviewing Google Earth images of the structures, noted that the entrance to the cellar is from the south, while the mosque’s entrance for namaz is from the northern steps.

Senior advocate Huzefa Ahmadi, representing the Anjuman Intezamia Masjid Committee, requested a stay on the civil court’s order, arguing that allowing puja within the mosque premises could cause discord.

Ahmadi expressed concern that the Hindu parties’ multiple applications for different reliefs could gradually lead to the Muslim side losing the entire mosque. He referred to the Ram Janmabhoomi-Babri Masjid dispute, stating that history has shown that violence can occur despite assurances.

Senior advocate Shyam Divan, representing the Hindu parties, argued that the orders do not require any intervention by the apex court at this stage, as there are detailed reasons in the trial court and high court orders.

The high court had dismissed the mosque committee’s plea challenging the district court’s order allowing Hindus to offer prayers in the cellar. It stated that the Uttar Pradesh government’s 1993 decision to stop worship rituals inside the ‘Vyas Tehkhana’ in the Gyanvapi was “illegal”.

The district court ruled that a Hindu priest can perform prayers before the idols in the mosque’s southern cellar.

The prayers are now being conducted by a Hindu priest nominated by the Kashi Vishwanath temple trust and the petitioner, who claimed that his grandfather offered puja in the cellar until December 1993.

The district court had directed the local administration to make arrangements within seven days for prayers in the cellar. This would have involved “proper arrangements” with metal barricades at the complex.

The plaintiff filed the suit against the state government and district administration for restricting him from entering the temple and infringing his fundamental right granted under Article 25 of the Constitution.