Allahabad High Court on Monday dismissed the Gyanvapi Mosque Committee's challenge to the Varanasi Court's order allowing 'Puja' inside the Vyas Basement.
On February 15, the high court had reserved verdict in the petition moved by Anjuman Intezamia Masajid Committee to stop the Hindu side from offering prayers at Vyas basement in the Gyanvapi mosque.
A bench of Justice Rohit Ranjan Agarwal today delivered the verdict in favour of the Hindu side.
The petition by the Gyanvapi Mosque committee was filed against the Varanasi court's order allowing 'Pooja' in 'Vyas Tehkana' or the southern cellar of Gyanvapi complex.
The high court further held that the worship and rituals which continued to be performed in the cellar by Vyas family till 1993 was stopped by "illegal action of State without there being any order in writing."
The court opined that the existence of Vyas cellar owned by Vyas family in the year 1937 is a prima facie proof of the continues possession claimed by the Hindu side till the year 1993.
Senior Advocate Farman Naqvi appearing for the Mosque Committee had told the court that the Vyas basement was earlier a store room. The Muslim side contended that prayers were never offered at the Vyas basement. They had also alleged that the Varanasi district judge passed the order without any plea which is a misuse of power.
While appearing for the case, Naqvi further said that the cellar was always part of the mosque even though no namaz has ever been offered there.
Advocate Hari Shankar Jain and Vishnu Jain appeared from the Hindu side. The Hindu side contended that the district judge had passed the January 31 orders that enabled prayers at the Vyas cellar on the basis of complaints received under Sections 152 of CPC.
The Hindu side had told the court that prayers were held in the Vyas basement in the past as well. They further said that the Vyas family had access to the "Vyas Tehkhana" and prayers were offered there till 1993. After that, the cellar has been with the CRPF.
While presiding over the hearing, Justice Agarwal remarked that Vyas family has claimed that they had keys to Vyas basement and offered prayers there annually.
The Archeological Survey of India (ASI) in its report submitted that it can be said that there existed a large Hindu Temple prior to the construction of the Gyanvapi mosque.
Both the Allahabad High Court and Varanasi District Court had ordered the ASI to conduct the scientific survey in the disputed Gyanvapi mosque case.