| Aspect | Details |
| Introduction | The Gyanvapi mosque complex in Varanasi includes a cellar known as ‘Vyasji ka tehkhana’, claimed by the Vyas family who has been conducting prayers there since 1551. The Uttar Pradesh government, under Mulayam Singh Yadav in 1993, orally ordered the Vyas family to stop conducting pujas in the cellar. A recent Allahabad High Court (HC) decision has allowed Hindus to continue worship in the cellar, dismissing an appeal by the Anjuman Intezamia Masjid Committee. |
| Factual Background | The Vyas family filed a suit in September 2023, claiming ownership of the tehkhana. The Varanasi District Court on January 31, 2024, allowed worship in the tehkhana. The management committee of the mosque challenged this order at the Allahabad HC. The Vyas family argued that the 1937 Din Mohammed case, declaring the mosque as Hanafi Muslim Waqf property, did not include the tehkhana, which remained in their possession. The management committee argued that the 1991 Places of Worship (Special Provisions) Act locked the religious character of the mosque as Hanafi Muslim Waqf property. |
| Legal Issues |
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| Applicable Law |
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| Analysis | The Allahabad HC found prima facie evidence of continuous possession by the Vyas family, supporting their claim. The court noted that the state government’s order in 1993 restraining worship was a continuous wrong. The Vyas family’s argument that the tehkhana was not part of the 1937 Din Mohammed case was considered valid by the court. The management committee’s reliance on the Places of Worship Act was countered by the court’s view that the Act did not apply to the tehkhana, which had a separate ownership and possession history. |
| Conclusions | The Allahabad HC allowed worship to continue in the tehkhana, affirming the Vyas family’s claim of possession and rejecting the management committee’s challenge based on the 1937 case and the Places of Worship Act.The court’s decision sets a precedent for further investigation into the religious character of other cellars in the Gyanvapi mosque complex. |
| Current Scenario | Hindus are allowed to continue offering worship in the southern cellar of the Gyanvapi mosque. The decision provides a possible path for investigating the religious character of other cellars in the mosque complex. |
CASE SUMMARY – The Allahabad High Court ruled that the 1993 order by the Mulayam Singh Yadav government, restraining the Vyas family from conducting religious worship in the cellar of the Gyanvapi mosque, was illegal. The court allowed Hindus to continue worship in the cellar, known as ‘Vyasji ka tehkhana,’ dismissing an appeal by the Anjuman Intezamia Masjid Committee against a district court order permitting the worship. The Vyas family claims ownership of the cellar since 1551 and argued that they were never made a party in the Din Mohammed case, which declared the mosque as Hanafi Muslim Waqf property. The court’s decision opens up the possibility of investigating the religious character of other cellars in Gyanvapi based on possession and continuous worship.
REFERENCE –
SOURCE- THE INDIAN EXPRESS
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