Senior Advocate Farman Naqvi appearing for the Anjuman Intezamia Masjid Committee on Wednesday told the Allahabad High Court that the Vyas basement was earlier a store room. The Muslim side has contended that prayers were never offered at the basement. They have alleged that the district judge passed the order without any plea which is a misuse of power.
A single-judge bench of Rohit Ranjan Agarwal heard the case on Wednesday and fixed February 12 as the next date for hearing. The high court did not grant interim stay on the prayers in the cellar.
The Muslim side has submitted in the court that it is not yet clear whether the district judge passed the order on the bases of an appeal or on suo moto basis.
Naqvi argued that the Vyas family had given up the right to offer prayers at the cellar in 1993.
Nakvi further said that the cellar was always part of the mosque even though no namaz has ever been offered there.
Hindu side 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 cellar and prayers were offered at the Vyas basement till 1993. After that, the cellar has been with the CRPF.
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.
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 Advocate General appearing for the Uttar Pradesh government sought 48 hours from the High Court to present his case.
< p>Earlier, the high court on Friday (February 2) refused an interim stay on the Varanasi court order allowing Hindu prayers in the Vyas basement of Gyanvapi mosque. The court heard the case on Friday and asked the Muslim side to amend its petition.
Last week, the Supreme Court refused to urgently hear a petition filed by the Gyanvapi Mosque Committee against the Varanasi court’s order allowing pooja in the Vyas basement.
The Anjuman Intezamia Masjid Committee approached the top court’s registrar at 3 AM on Thursday. The registrar informed the Chief Justice of India (CJI) DY Chandrachud at 4 AM.
The CJI however said that the mosque committee should first approach the Allahabad High Court for any relief against the Varanasi court’s order. And asked the committee to approach the Allahabad High Court chief justice first.