PRAYAGRAJ/NEW DELHI: The erstwhile Mulayam Singh Yadav-led UP govt’s act of stopping worship of Hindu deities by a household of clergymen within the southern cellar of Varanasi’s Gyanvapi Masjid in 1993 with no written order was unlawful, Allahabad HC mentioned Monday whereas dismissing Anjuman Intizamia Masjid’s (AIM) enchantment difficult ex-district decide AK Vishvesha’s Jan 31 ruling permitting puja to renew. Justice Rohit Ranjan Agarwal’s order describes the three-decade-old restrictions on the Vyas household, a number of generations of whom had been performing rituals till 1993 in part of the basement generally known as “Vyas Ji Ka Tehkhana”, as “a continuous wrong being perpetuated”.The 54-page ruling coincides with mosque custodian AIM shifting Supreme Court docket, difficult one other HC order from Dec final 12 months dismissing its plea on the maintainability of the Hindu facet’s unique 1991 go well with in search of to reclaim the location because the property of the deity Vishweshwar and his devotees. AIM’s recent enchantment provides one other dimension to the already litigation-mired Gyanvapi row, together with a number of pleas pending in SC towards orders of a Varanasi trial court docket on the 2022 Shringar Gauri go well with.HC: Freedom of faith cannot be snatched by state’s arbitrary actionCiting Article 25 of the Structure, Justice Agarwal mentioned freedom to practise one’s faith could not be snatched by “arbitrary action of the state”, extra so with no written order.”After going through the entire records of the case, and after considering arguments of the parties concerned, the court did not find any ground to interfere in the judgment passed by the district judge on Jan 17 appointing DM, Varanasi, as receiver of the property, as well the Jan 31 order by which puja was permitted in the tehkhana (cellar).”AIM joint secretary SM Yaseen mentioned the mosque committee would method Supreme Court docket. Advocate Vishnu Shankar Jain, counsel for the Hindu facet, mentioned his consumer would file a caveat in that case.The order permitting puja to renew within the cellar was ex-district decide Vishvesha’s final one, approaching the day of his retirement. Justice Agarwal’s ruling notes “an attempt to malign the image and impute motive to the order passed by the (district) court”.Petitioner Shailendra Kumar Pathak Vyas, acharya of Ved Vyas Peeth temple and a member of the household that may carry out rituals within the Gyanvapi basement till 1993, had sought entry to the cellar to worship Shringar Gauri and “other visible and invisible deities”.His maternal grandfather, Somnath Vyas, used to carry out puja there usually until the then SP govt barred entry on Dec 4, 1993, quickly after SP fashioned govt. AIM challenged the order in favour of Vyas in Allahabad HC on Feb 1 after SC refused to urgently hear its plea. It contended that the cellar was part of the mosque premises and that the Vyas household or anybody else mustn’t have entry to it.”Vyas Ji Ka Tehkhana” is situated within the southern part of the Gyanvapi advanced. HC took cognisance of the existence of the cellar in 1937 as prima facie proof of continued possession by the plaintiff until 1993. The decide additionally rejected AIM’s argument a few conflict of curiosity between the DM’s workplace and the court-appointed receiver. In its Dec 19 order on the maintainability of the 1991 Vishweshwar and others vs AIM case, Allahabad HC had dismissed 5 petitions – three by AIM and two by UP Sunni Waqf Board.”The dispute raised in the suit is of vital national importance. It is not a suit between the two individual parties. It affects two major communities of the country. Due to the interim order operating since 1998, the suit could not proceed. In the national interest, it is required that the suit must proceed expeditiously and be decided with utmost urgency with the cooperation of both the contesting parties without resorting to any dilatory tactics,” it mentioned.The crux of AIM’s rivalry is that the Locations of Worship (Particular Provisions) Act, 1991, which got here into power on July 11, 1991, bars alteration of the non secular character of any construction after Aug 15, 1947, besides within the case of the now-resolved Ram Janmabhoomi-Babri Masjid dispute that predates the cut-off.Gyanvapi mosque case: Allahabad HC dismisses Muslim facet’s plea, Hindus can provide prayers in ‘Vyas Tehkhana’
#MSY #governments #curbs #Gyanvapi #puja #unlawful
