Gyanvapi Mosque Case : Supreme Court Orders Status Quo On Namaz In Mosque & Hindu Worship In 'Tehkhana' (Cellar)

The Supreme Court on Monday (April 1) issued notice on a Special Leave Petition filed by the Gyanvapi mosque committee challenging the orders of the Varanasi District Court and the Allahabad High Court allowing the performance of Hindu religious rituals at a tehkhana (cellar) of the mosque.While doing so, the Court also ordered that that status quo shall be maintained with respect to the observance of Namaz by Muslims in the rest of the Gyanvapi mosque and the performance of Hindu worship at the tehkhana. The Court further directed that this status quo cannot be altered without obtaining prior sanction or permissionon from the Supreme Court. The Court also directed that the Hindu religious worship at the tehkhana should be in terms of the order passed by the District Court on January 31, 2024 and subject to the custody of the receiver (District Magistrate) in terms of the earlier order passed on January 17, 2024.The bench led by CJI DY Chandchrachud and Justices JB Pardiwala and Manoj Misra made the following observation in the order dictated : Bearing in mind the fact that the Namaz is offered by the Muslim community unhindered after the orders dated January 17 and Jan 31 and the offering of pooja by Hindu priest is confined to the area of tehkhana, it is appropriate to maintain status-quo so as to enable both the communities to offer worships in the above terms.The religious observances by the Hindus shall be in terms of directions contained in the order dated January 31, 2024, subject to the custody of the receiver as specified in the earlier order dated Jan 17, 2024.Status quo as obtained from the above terms shall not be disturbed without obtaining the previous sanction and leave of this Court.While passing the order, the bench, after seeing the Google Earth images of the structures, noted that the entry to the tehkhana is from the southern side while the entry to the Mosque for the purposes of offering namaz is from the steps on the norther side.The impugned interim orders were passed in a suit filed by the Vyas family, who stated that they were the hereditary priests who had performed rituals at the location. On January 17, the District Court appointed the District Magistrate as a receiver of the tehkhana. On January 31, the District Court modified this order and passed a mandatory injunction allowing rituals by a priest to be nominated by the plaintiffs and the Board of Trustees of the Kashi Viswanath temple.The Allahabad High Court on February 26 dismissed the challenge to the Varanasi Court's January 31st order.Arguments before the SCSenior Advocate Mr Hufeza Ahmadi appearing on behalf of the Mosque Committee contended that the orders of the lower courts in appointing the receiver and allowing the puja at the premises of 'Vyas Tehkhana' renders final relief in an interim order. He therefore sought a stay on the performance of puja within the mosque's premises. With the greatest respect, this is an extraordinary order passed by the trial court and then the High Court. The effect of the order is to give final relief at the interim stage. On principles of mandatory injunction, Mr Ahmadi submitted that there needs to be a 'tearing urgency' for a mandatory injunction to be granted. However, in the present case, such conditions fall short considering the 30-year-long deadlock. He highlighted that even as per the plaint, the plaintiffs were not in possession from 1993 till 2023.For mandatory injunction to be issued, there has to be a higher threshold. There has to be tearing urgency. Where was the tearing urgency when the plaintiff waited for 30 years.? It was additionally highlighted by Mr Ahmadi that the order of the District Court appointing the receiver and allowing the puja was made under extraordinary circumstances, that is, on the brink of the judge's retirement. On the last day when the judge was demitting office, the order was modified to grant a mandatory injunction even without any application. On an oral mention, the order was modified and mandatory injunction was allowed. This is an extraordinary case to stay the entire order. Concerns Raised On Puja In The Mosque Premises - Ahmadi ExpressesThe Senior Counsel stressed that the impugned orders of allowing puja were implemented by the State government in haste, on the night the same night of the date of the order being passed as an attempt to prevent the respondents from seeking an immediate stay. The State govt which is not even a party to the case, implements the order at the dark hours of the night, the puja is performed that very night of the order, preventing me from seeking a stay. It was further argued that the impugned orders have restored the 30-year-old status quo ante of 1993. Mr Ahmadi was concerned about the fact that puja rituals are being performed failing within the mosque's cellar. My apprehension is this, every day the puja is going on. This is the mosque premises, in the cellar...This will allow things to fester...going...

Gyanvapi Mosque Case : Supreme Court Orders Status Quo On Namaz In Mosque & Hindu Worship In 'Tehkhana' (Cellar)

Anmol Kaur Bawa

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