Lucknow: In a significant ruling, a Varanasi court on Friday dismissed a petition by the Hindu side seeking to stop Muslim prayers on the roof of the Gyanvapi Mosque‘s ‘tehkhana’ (cellar). The decision, delivered by Civil Judge (senior division) Hitesh Agarwal, allows the continuation of ‘namaz’ (prayers) on the roof of the cellar, upholding a long-standing tradition while also permitting Hindu rituals to proceed inside the cellar.
Hindu Side’s Plea Rejected
The application, filed by Rakhee Singh and others from the Hindu side, had called for an end to Muslim prayers on the roof of the cellar, arguing that the structure was too weak to support the weight of many individuals. The petitioners expressed concerns about the structural stability of the roof, which they claimed posed a risk due to its age and deteriorating condition. In addition to stopping namaz, they sought permission for repairs, citing water leakage issues in the old cellar.
However, the court turned down these requests, opting not to interfere with the long-standing practice of Muslims offering prayers on the roof. The court also declined to permit the district magistrate of Varanasi to carry out any repair work on the cellar, marking a notable development in the ongoing legal battles surrounding the Gyanvapi Mosque.
Court Decision and Hindu ‘Puja’
Despite rejecting the Hindu side’s plea regarding the roof, the court confirmed that ‘puja’ (ritual worship) could continue in the cellar. This decision comes after a January ruling by the Varanasi court, which had allowed Hindus to perform ‘puja’ at the ‘tehkhana’, also known as ‘Vyasji ka Tehkhana’, after a hiatus of nearly 30 years.
The ‘tehkhana’, located beneath the Gyanvapi Mosque on its southern side, had historical significance for the Hindu side. Shailendra Pathak Vyas, a petitioner in the case, had claimed that his family had been conducting rituals there since the British period. According to his testimony, his father, Somenath Vyas, had performed ‘puja’ at the cellar until October 1993, when the then Mulayam Singh Yadav government erected a barricade, barring access to the area.
The recent ruling marks a continuation of the delicate balance between religious practices at the disputed site, allowing Hindu worship in the cellar while also preserving Muslim prayers on the roof.
Muslim Side’s Opposition
The Muslim side strongly opposed the Hindu plea, asserting that they had been offering prayers on the roof of the cellar for many years. They contended that the long-standing tradition should be respected and allowed to continue without interference.
Background of the Dispute
The Gyanvapi Mosque and the surrounding areas have been the subject of legal disputes for decades, with claims from both Hindus and Muslims regarding their respective rights to perform religious practices at the site. The Gyanvapi Mosque is located adjacent to the Kashi Vishwanath Temple, one of the holiest sites in Hinduism, adding to the complexity of the issue.
The ‘tehkhana’ in question is one of four cellars located beneath the mosque. According to claims made by the Hindu side, one of these cellars had been under the possession of Somenath Vyas’ family for generations. The Gyanvapi Mosque itself is believed to have been constructed over a pre-existing Hindu temple, further intensifying the religious and historical sensitivities surrounding the site.
Conclusion
This latest ruling by the Varanasi court underscores the careful balance between respecting the religious rights of both Hindus and Muslims at the Gyanvapi site. While the court rejected the Hindu side’s plea to stop ‘namaz’ on the roof of the cellar, it maintained the permission for ‘puja’ in the cellar, thereby continuing the shared religious use of the space.
The Varanasi court’s decision may not mark the end of legal disputes over the Gyanvapi Mosque, but it offers a temporary resolution that allows both sides to continue their religious practices, albeit within certain limits.
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