Supreme Court Refuses to Stay Order on 'Puja' in Vyas Tehkhana of Kashi Vishwanath Temple-Gyanvapi Mosque

Supreme Court Refuses to Stay Order on 'Puja' in Vyas Tehkhana of Kashi Vishwanath Temple-Gyanvapi Mosque


In a significant development, the Supreme Court has declined to stay the Allahabad High Court's order, which upheld the Varanasi district court's decision permitting Hindus to conduct prayers of deities inside the Vyas Tehkhana, the southern cellar of the Gyanvapi mosque.


Maintaining Status Quo at Gyanvapi Premises


A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra has directed both Hindu and Muslim communities to maintain the status quo at the Gyanvapi premises. This allows for both communities to offer 'puja' and 'namaz' without alterations unless permitted by the apex court.


Differentiated Access for Religious Worship


Acknowledging the distinct areas for Hindu and Muslim worship, the Supreme Court emphasized that Hindus would enter from the South for 'puja' in the Tehkhana, while Muslims would access the area for prayer from the Northern side.


Issue of Notice and Next Hearing


Additionally, the apex court issued notice to Hindu plaintiffs on an appeal filed by the mosque committee challenging the Allahabad High Court's order regarding 'puja' inside the Vyas Tehkhana. The matter is scheduled for further hearing in July.


Historical Context and Legal Proceedings


The legal battle over religious rights at the Kashi Vishwanath Temple-Gyanvapi Mosque complex has its roots in historical and religious significance. A Varanasi district court ruling in January allowed Hindus to conduct prayers in the southern cellar, following a plea by the head priest of Acharya Ved Vyas Peeth temple, Shailendra Kumar Pathak Vyas.


Legal Perspectives and ASI Survey


The ongoing legal proceedings involve considerations of religious rights, historical evidence, and archaeological findings. An Archaeological Survey of India (ASI) survey, as ordered by the court, suggested the mosque's construction during Aurangzeb's reign over the remains of a Hindu temple.


Conclusion


The legal discourse surrounding the Kashi Vishwanath Temple-Gyanvapi Mosque complex underscores the complexities of religious rights, historical claims, and legal interpretations. As the Supreme Court navigates this sensitive issue, it seeks to uphold the principles of justice and religious harmony.


Legal Framework and Constitutional Provisions


The legal framework governing religious rights and disputes in India draws from various laws and constitutional provisions, including the right to freedom of religion enshrined in Article 25 of the Indian Constitution. Case laws such as the Ayodhya verdict and the Sabarimala temple entry judgment provide precedents in resolving contentious religious issues while upholding the rule of law and constitutional values.

Location: Pune, Maharashtra, India

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