Judge passed puja order on day of retirement, Muslim side tells HC

The Allahabad high court on Tuesday heard both the Hindu and Muslim sides on the Gyanvapi mosque committee's appeal challenging the Varanasi district court order allowing Hindu prayers in a cellar of the mosque.

Justice Rohit Ranjan Agrawal said the hearing would continue on Wednesday.

The Anjuman Intezamia Masjid Committee, which looks after the affairs of the mosque in Varanasi adjacent to the Kashi Vishwanath temple, had filed the plea on Friday last challenging the Varanasi court order allowing prayers in the southern cellar of the Gyanvapi mosque.

In the middle of the hearing Tuesday as the court hour was over, the judge said the hearing would resume at 10 am on Wednesday.

The Allahabad HC had on Friday not given any immediate relief to the Gyanvapi Masjid committee which had challenged the Varanasi district court order.

On Tuesday, appearing on behalf of the Muslim side, senior advocate SFA Naqvi submitted that by the order of January 31, the district judge had given final relief sought in the suit at the initial stage, which cannot be permitted.

Naqvi further submitted before the court that the order was passed in a "very hurried manner" and on the day of retirement of the judge concerned.

Varanasi district judge Ajaya Krishna Vishvesha retired from service on January 31.

On behalf of the Hindu side, Vishnu Shankar Jain submitted that the order for appointing a receiver was passed on January 17 and the court order for offering puja was passed on January 31.

The Anjuman Intezamia Masjid Committee moved the high court within hours of the Supreme Court refusing to hear its plea against the Varanasi district court order and asking it to approach the high court.

The Varanasi court had ruled on Wednesday that a priest can perform prayers before the idols in the southern cellar of the Gyanvapi mosque.

The court allowed regular worship to be conducted by a 'pujari' nominated by the Kashi Vishwanath temple trust and the petitioner who claimed his grandfather offered puja before the idols in the cellar up to December 1993.

A puja was held in the mosque's southern cellar on Wednesday night, about eight hours after the Varanasi district court order.

Naqvi had on Friday last submitted that while passing the impugned order, the district judge did not consider their documents.

Advocate Vishnu Shankar Jain, representing the Hindu side, pointed out that the district court by the means of an order dated January 17 had appointed the Varanasi district magistrate receiver of the property and in pursuance of the order, he took possession of the same on January 24.

The order passed on January 31 is only a consequential order. The order dated January 17 has not been challenged and thus the appeal is not maintainable, he had argued.

According to the January 31 order, the advocate general has given an undertaking that the district administration of Varanasi will maintain law and order in pursuance of the January 31 order.

Jain had also submitted that by permitting puja, no harm has been caused to the other side because puja was going on in the past and was stopped in December 1993.

In the appeal filed before the court, the board of trustees, Sri Kashi Vishwanath Temple and Shailendra Kumar Pathak, head priest, Acharya Ved Vyas Peeth Temple Complex, have been made respondents.