The Allahabad High Court, in a decisive ruling on Monday, upheld the continuation of Hindu prayers in the southern cellar of the Gyanvapi mosque in Varanasi, dismissing a plea challenging the district court's directive in this matter.

Justice Rohit Ranjan Agarwal unequivocally dismissed two appeals lodged by the mosque management committee, which contested the Varanasi district judge's rulings. The first, dated January 17, appointed the district magistrate as the custodian of the "Vyas Tehkhana" or southern cellar of the mosque. The subsequent ruling, issued on January 31, sanctioned the performance of 'puja' within the premises.

The high court firmly affirmed that religious observances will persist in the "Vyas Tehkhana" of the mosque, which stands adjacent to the revered Kashi Vishwanath temple.

Mohammad Yasin, the joint secretary of Anjuman Intezamia Masajid, the committee entrusted with the mosque's management, disclosed that their legal team is scrutinising the judgment. They are contemplating recourse to the Supreme Court to challenge the ruling.

"After going through the entire records of the case and considering the arguments of the parties concerned, the court did not find any ground to interfere in the judgment passed by the district judge on January 17, appointing the Varanasi district magistrate as the receiver of the property, as well as the order dated January 31 by which the district court permitted puja in the tehkhana,” said Justice Agarwal while dismissing the appeals.

Going through the argument made by the Muslim side that the January 31 order was passed without any application, the high court said, “In the instant case, by order dated January 17 the composite prayer made in application was allowed, but only relief (a) was incorporated appointing receiver. Relief (b) allowing worship was added on January 31, 2024 after it was brought to the notice of the Court and order stood modified/ amended in terms of Sections 151/152 CPC.”

"I find that the challenge made to the order dated January 31 on the plea of res judicata is totally unfounded as the relief prayed by the plaintiff was granted on January 17, 2024 but part of it was not incorporated in the order which was subsequently modified/ amended," Justice Agarwal stated.

In its 54-page judgment, the court also noted, "Lastly, an attempt has been made to malign the image and impute motive to the order passed by the Court below on January 31, 2024 on the ground that the officer concerned had passed the order on the last working day.”

Justice Agrawal said that puja at that place has already been started and is going on thus there is no occasion to stop the same.

The High Court judge had reserved his verdict in the matter on February 15 after hearing the counsel for the parties.

The mosque committee had moved the High Court on February 2, hours after the Supreme Court refused to hear its plea against the district court order and asked it to approach the high court.

A survey conducted by the Archaeological Survey of India (ASI) on the court's order had suggested that the Gyanvapi mosque was constructed during Mughal emperor Aurangzeb's rule over the remains of a Hindu temple.

The District Court ruled on January 31 that a Hindu priest can perform prayers before the idols in the southern cellar of the mosque.