The Allahabad High Court on Monday said that there is strong prima facie evidence to indicate that Hindu prayers were being offered in the southern cellar (Vyas Tehkhana) of the Gyanvapi building since 1551 until they were stopped in 1993.
The Court further said that it was illegal on the part of the Uttar Pradesh government to stop these Hindu prayers by way of an oral order in 1993.
“A strong case for trial has been made out, but also the balance of convenience tilts in favour of the plaintiff (Hindu side). 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 High Court said.
“The existence of Vyas tehkhana (cellar) owned by Vyas family in the year 1937 is a prima facie proof of the continues possession claimed by the plaintiff till the year 1993 (sic),” the High Court added.
“Appellant (Muslim side) having not claimed the cellar at any point of time from Vyas family after 1937 till December 1993 leads to adverse inference against them as to possession over the cellar. Plaintiff has been successful in prima facie establishing their possession through Vyas family since 1551,” the Court said.
“Prima facie I find that act of the State Government since year 1993 restraining Vyas family from performing religious worship and rituals and also by the devotees was a continues wrong being perpetuated (sic),” the Court further said.
