Kashi Vishwanath temple-Gyanvapi mosque: SC refuses stay order allowing ‘puja’ in Vyas Tehkhana

April 1, 2024

New Delhi: The Supreme Court on Monday refused to stay the Allahabad High Court order, which had upheld the Varanasi district court’s order allowing Hindus to perform prayers of deities inside the ‘Vyas Tehkhana’, southern celler of Gyanvapi mosque.

A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra ordered the Hindu and Muslim sides to maintain the status quo at the Gyanvapi premises to enable both communities to offer ‘puja’ and ‘namaz’.

The status quo should not be altered without the permission of the apex court, said the bench.

The bench took note that the access to the Tehkhana where the ‘puja’ is held and the area where Muslims pray are different.

The top court said that Hindus would enter from the South and pray in Tehkhana and Muslims would enter from the Northern side for prayer.

“At this stage, bearing in mind the fact that namaz is being offered by Muslim communities unhindered after the district court and High Court orders and that prayers in Tehkhana are limited to the Hindu priests, it is important to maintain the status quo, so that both communities can perform religious worship in above terms,” the bench stated in its order.

During the hearing, the apex court also noted the Muslims were offering prayer unhindered and the offering of ‘puja’ was confined to the area of Tehkhana only.

“Are we correct to say that prayers in the South (cellar) do not impact (Muslim) prayers In North. If this is correct.. we can say let no further change happen in the status quo further. We say let namaz continue and worship in the south cellar can continue,” said CJI Chandrachud during the hearing.

It further issued notice to Hindu plaintiffs on an appeal of mosque committee challenging an order of Allahabad High Court over ‘puja’ of deities inside the ‘Vyas Tehkhana’.

The top court now posted the matter for hearing in July.