Muslims To Offer Namaz, Hindus To Do Pujas In Tehkhana: Supreme Court Upholds Status Quo On Gyanvapi Dispute

The Supreme Court on Monday (1 April) ordered to maintain the status quo in the Gyanvapi complex "to enable both the communities to offer worships."

The puja in Gyanvapi began after a gap of 30 years when the Varanasi court in its 31 January order permitted Hindu parties to offer puja in the 'Vyas tehkhana' (cellar).

This order was challenged in the Allahabad High Court but met with a refusal to grant an interim stay. Similarly, the Supreme Court also refused to stay the pujas.

The bench of Chief Justice of India (CJI) DY Chandchrachud and Justices JB Pardiwala and Manoj Misra heard a Special Leave Petition filed by the Gyanvapi mosque committee.

"Bearing in mind the fact that the Namaz is offered by Muslim community unhindered after the Varanasi court orders and the offering of pooja by Hindu priest is confined to the area of tehkhana, it is appropriate to maintain the status quo," the Bench noted.

It asked the Hindus to keep the religious observances in terms of directions contained in the order dated 31 January 2024, subject to the custody of the receiver as specified in the earlier order dated 17 January 2024.

The Bench further asked both the parties to not disturb the status quo without obtaining the previous sanction and leave of the Supreme Court, LiveLaw reported.

The court noted that since the access to the tehkhana is from the southern side, while access to the mosque for the purpose of offering namaz is from the northern side, there should be no issue in maintaining the status quo.

Shyam Divan appearing for the Hindu side had argued that there was a judicial recognition of the existence of the tehkhana and worshipping right until 1993. He asked to not disturb the latest arrangement puja of the idols commenced after a court order.

Huzefa Ahmadi appearing for the Muslim side asserted that a gradual attempt is being made to chip away the mosque complex through "salami slicing" as wuzukhana has already been sealed.