Days after Indian Prime Minister Narendra Modi inaugurated a Hindu temple built over a medieval Babri mosque demolished by agitators in 1990, a new report by the Archaeological Survey of India at another mosque, also in Uttar Pradesh, revealed that the house of worship was built over a pre-existing Hindu temple.

A court ruling that followed the survey granted Hindus permission to conduct prayers in one of Gyanvapi mosque’s four cellars. In his last judgment before retiring, the district judge permitted the puja — or the Hindu act of worship — to take place in the sealed basement of the Gyanvapi mosque. It’s where Hindu groups claim was once a temple site. The court ordered that officials ensure the necessary arrangements for these rituals to take place within a seven-day timeframe.

“This is a significant victory for the Hindu community. … It is what we have been waiting for and what the deity within has been waiting for as well. We have been granted the right to conduct our prayers inside and we are extremely pleased,” said Manju Vyas, a litigant on behalf of the Hindu side of the court fight. “The temples and idols of Hindus that were destroyed with swords are now being reclaimed with pens.”

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The Jan. 31 ruling was swiftly executed by local authorities and the decision led to the resumption of worship activities in the cellar just hours after the verdict was handed down. The High Court this past Monday dismissed a plea filed by the Anjuman Intezamia Masjid Committee challenging a district court’s order to allow the prayers.

The fight over holy sites has divided much of India, which has a Hindu majority but also the world's third-largest Muslim population.

As photos of puja went viral, Muslim groups petitioned the High Court and also approached India’s Supreme Court. The judges sent the case back to the High Court, who refused to impose an interim stay on the holding of the puja.

“We are overjoyed to perform puja as God has revealed his presence to us. It's a momentous occasion for us,” said Pankaj Kumar Gupta, one of the devotees among the first batch of people to perform puja at the Gyanvapi complex.

Muslim opposition and legal appeals

The Muslim side of this court battle has cited the Places of Worship Act of 1991 for not changing the status of the Gyanvapi mosque. The legislation was enacted by the Indian government with the primary purpose of maintaining the religious harmony and secular fabric of India by freezing the status of religious places as it was on Aug. 15, 1947. This means that, according to the law, no changes can be made to the religious character of any place of worship in India since that date.

The act prohibits the conversion of any place of worship and the petitioning of courts to alter the religious nature of any site. It aims to protect the sanctity and historical significance of religious sites and prevent communal tensions arising from disputes over them. The law was introduced to address concerns about communal tensions and conflicts arising from disputes over religious sites, particularly those with a contentious history.

However, the Anjuman Intezamia Masjid Committee, the group tasked with managing the Gyanvapi mosque, has filed appeals against the court's original decision — a move that escalated the legal battle over the past few weeks. The committee appealed to the Muslim community to keep their shops closed in protest.

“There is significant disappointment within the Muslim community, but we will refrain from taking the law into our own hands. If you have the power, you may take it from us; The law enforcers are under your control,” said S.M. Yasin, who serves as joint secretary of the mosque committee. “The difference between the Babri structure and this mosque lies in the fact that, unlike Babri mosque, prayers are conducted five times daily at the Gyanvapi mosque, with up to 1,000 to 1,500 people attending the Friday prayers.”

The reactions from Muslim clerics and community leaders have been characterized by discontent and apprehension alleging judicial biases and the potential ramifications of allowing Hindu prayers within the mosque.

A fresh petition has surfaced seeking approval for an archaeological survey of the remaining cellars within the mosque complex. The lawyers representing Hindu groups say that the Muslim committee should make a gracious retreat.

“The court has instructed Hindus to resume the puja … and iron barricades will be removed to facilitate the ceremony,” said lawyer Vishnu Shankar Jain. “The court's directive specifies that the puja should commence in the southern part of the cellar. The cessation of puja since 1993 was not court-mandated, but now it has been reinstated. There are several idols inside, including those of Lord Ganesh, Lord Shiva and Hanuman.”

Political implications and the BJP

Amid a backdrop of legal wrangling and religious sensitivities, the Gyanvapi mosque compound finds itself embroiled in a complex dispute, marked by a series of developments.

Analysts said the latest archaeological findings could play a crucial role in shaping political dynamics, with Modi's strong image getting a further boost in the upcoming general elections scheduled for April. Modi is eyeing for a third term as prime minister.

Uttar Pradesh’s Chief Minister Yogi Adityanath, a key figure in Modi’s Bharatiya Janata Party, had called on Muslims to address what he views as a “historical mistake” and argued that referring to it as a mosque would only escalate disputes.

“This appears to be part of a political strategy,” Yasin said. “It seems that the issue of the Ram Temple has not yielded the desired results for them. We are prepared to engage in a legal battle and take it all the way to the Supreme Court. The judge who issued the order of puja in the cellar is being honored daily following his retirement. … We will seek resolution through the judiciary.”

Zaffar Iqbal is a journalist based in Kashmir, India. He has reported for 18 years on armed encounters, environmental issues, crime, politics, culture and human rights. He’s formerly the bureau chief of Jammu-Kashmir for NDTV.