Sambhal mosque row: SC reserves verdict
The Supreme Court on Friday reserved its verdict on pleas challenging a survey ordered by a Sambhal court in the Shahi Jama Masjid and Harihar temple dispute.
A bench of Justices P S Narasimha and Alok Aradhe was hearing two petitions filed by the management committee of Sambhal’s Jama Masjid challenging a May 19, 2025 order of the Allahabad High Court.
The high court had dismissed the mosque committee’s plea against the survey ordered by the Sambhal court, upholding the civil court’s direction for the survey.
The high court had said the order to appoint a court commissioner and the suit were maintainable.
During the arguments on Friday, Additional Solicitor General K M Nataraj, appearing for the Uttar Pradesh Government, told the apex court that the state does not want to get into the respective claims of the parties.
“As the State, we don’t want to get into the respective claims of either of the parties,” the law officer said, adding, “As the State, we are committed and bound to protect the interests of all.”
He referred to the provisions of the Places of Worship (Special Provisions) Act, 1991.
The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947. However, the dispute relating to Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.
The bench also heard the submissions advanced by senior advocate Huzefa Ahmadi, who appeared for the mosque committee, and advocate Vishnu Shankar Jain, who represented some Hindu parties.
Ahmadi told the bench that the issue concerning interpretation of the 1991 Act was pending before a larger bench of the top court.
In a significant order passed on December 12, 2024, the apex court had restrained, till further directions, the courts in the country from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs.
The top court had passed the 2024 order while hearing pleas challenging various provisions of the 1991 Act.
On July 28, Ahmadi had contended before the apex court that the high court could not have proceeded with the matter in light of the apex court’s December 2024 order. Earlier, the mosque committee had moved the high court against a November 19, 2024 order of the civil judge directing the Mughal-era mosque’s survey, which took place the same day. A second survey carried out on November 24, 2024, the committee claimed, was illegal as the civil court never ordered it.
On August 22 last year, the apex court had agreed to hear the plea of the mosque committee against the high court order.
“In the meantime, the parties are directed to maintain status quo, as on today,” the top court had said in its order.
A suit was filed before the Civil Judge (Senior Division), Sambhal, contending that the mosque was built after demolishing a temple at Sambhal.
The mosque, it claimed, was built by Mughal emperor Babur in 1526 after demolishing the Harihar temple.
The top court on November 29, 2024, ordered the Sambhal court to halt proceedings in the case over the mosque and its survey at Chandausi while directing the Uttar Pradesh Government to maintain peace and harmony in the town.
