Full Breakdown
Supreme Court Holds Pending Ruling on Survey of Sambhal Mosque
By Drooid · · How we work
Supreme Court Reserves Order on Survey Dispute
On a Friday hearing, a two-judge bench of Justices PS Narasimha and Alok Aradhe reserved its order on a petition filed by the Sambhal Jama Masjid Committee. The petition challenges the Allahabad High Court’s May 19, 2025 order that upheld a trial-court directive for an Advocate Commissioner-led survey of the mosque. The Supreme Court clarified that the suit remains pending and that its immediate task is to decide whether the survey order complies with the Places of Worship (Special Provisions) Act, 1991.
Legal Framework and Prior Rulings
The dispute stems from a 2024 suit by Hindu plaintiffs who claim the mosque stands on the site of a demolished 16th-century temple. The trial court, on November 19, 2024, ordered a local investigation by an Advocate Commissioner. The High Court affirmed that order, holding that the Places of Worship Act does not bar the suit at the initial stage.
The Act preserves the character of a place of worship as it existed on August 15, 1947 and bars “conversion” of a worship site (Section 3). The Muslim committee, represented by Senior Advocate Huzefa Ahmadi and Advocate Mohammad Nizam Pasha, argues that the case falls within the Act’s prohibition on conversion, rendering the suit non-maintainable.
Hindu counsel Advocate Vishnu Shankar Jain cites the Bhojshala precedent, where a Madhya Pradesh high court identified a site as a protected temple and noted that monuments under the Archaeological Survey of India are excluded from the Act’s ambit.
Violence During Protest
Protests against the court-ordered survey erupted near the Shahi Jama Masjid on November 24, 2024. Reports indicated that at least four people were killed and several others injured during the clashes.
Official Positions
Additional Solicitor General KM Nataraj (representing the Uttar Pradesh government) stated that the state will not comment on the merits because the main matter is not yet before the court, but emphasized its duty to protect the interests of both Hindu and Muslim parties. He described the suit as “nascent” and noted that the Act’s bar on conversion would apply only if the petition seeks to change the site’s religious character.
The Hindu side, through Advocate Vishnu Shankar Jain, argued that the mosque is a protected monument since 1920 and that the 1991 Act excludes such structures, thereby permitting the survey.
Implications
The Supreme Court’s pending decision will determine whether the Places of Worship Act restricts the survey, a ruling that could influence similar heritage disputes across India. The recent violence underscores the sensitivity of religious-site litigation and the potential for communal tension when legal actions intersect with historic claims.