“Get Puja Performed For Idols”- Varanasi Court Allows Hindus To Offer Prayers In Southern Basement Of Gyanvapi Mosque

The Varanasi District Court has allowed Hindus to offer prayers and perform ‘puja’ in the southern basement of Gyanvapi Mosque.

District Judge Ajay Krishna Vishwesh ordered, “District Magistrate, Varanasi / Receiver is directed to hand over the basement situated on the south side of the building situated at Settlement Plot No. 9130, Thana Chowk, District Varanasi, which is the suit property, to the plaintiff and the priest named by the Kashi Vishwanath Trust Board. Get the puja, raga-bhog performed, done for the idols located in the basement and for this purpose, make proper arrangements in iron fence etc. within 7 days.”

In the Order dated January 31, the Judge noted that the idol was worshiped in the basement located on the south side of the temple building and after the month of December 1993, priest Shri Vyas ji was stopped from entering the barricaded area of the said courtyard.

The Court said that due to this, the rituals like Raga-Bhog etc. happening in the basement also stopped. It added that the said priest was in possession of the place even during the British rule on hereditary basis and he had worshiped there in the building in question till the month of December 1993.

“The basement door was later removed. Many ancient idols and other materials of religious importance related to the worship of Hindu religion are present in the said basement. It is necessary to worship the idols present in the basement regularly. The state government and the district administration have stopped worship inside the basement since December 1993 without any legal authority”, it observed.

The Judge said that the court should appoint a receiver who will control and manage the worship by the priest in the said basement. He noted that the court passed order dated January 17, 2024 and appointed a receiver, but did not pass any order regarding worship in the basement.

“… the question of stopping worship after the month of December 1993 does not arise. There was never any so-called idol at that place. … The basement has been in the possession of defendant no. 1. There was no idol of any deity in the basement, in such a situation it is not appropriate to instruct a receiver to make arrangements and worship in the basement. Even in Civil Recall No. 62/1936 Deen Muhammad vs. Secretary of State, no such right of the Vyas family has been mentioned. With these submissions the application was opposed by respondent no.1”, the Court further noted.

It also observed, “… an iron barricade has been erected by the defendants at a place called Parikrama Marg adjacent to the remains of the ancient temple and at a distance of one foot at some places, two feet at some places and one and a half feet at other places. … Apart from the lock, another lock was found closed which the defendant's lawyer said was locked by the administration. Plaintiff No. 2 Shri Shobhanath Vyas opened his lock with his key, but the other lock Due to the presence of administration, we could not go inside the said basement. City Magistrate Mr. J.B. Singh said that since the defendant has not been instructed by the court to open the lock, it is not possible to open the lock.”

In the above context, the Court said that it seems appropriate that the Receiver, District Magistrate, Varanasi should be instructed to transfer the land to the south side of the building situated at Settlement Plot No. 9130 Police Station Chowk, District Varanasi.

It, therefore, directed that the basement property located on the south side of the building should get the puja, raga bhog, idols located in the basement done by the plaintiff and the priest nominated by the Kashi Vishwanath Trust Board and for this purpose, make proper arrangements in iron fence etc. within seven days.

Cause Title- Shailendra Kumar Pathak v. Committee of Management, Anjuman Intezamia Masajid and others