Supreme Court Reviews Mosque-Temple Dispute in Sambhal
Supreme Court's Intervention in Religious Dispute
New Delhi, July 28 - On Tuesday, the Supreme Court was informed that the Allahabad High Court should not have proceeded with the mosque-temple dispute in Sambhal, following a survey order issued by a local court. This assertion is based on a significant directive from the Supreme Court dated December 12, 2024, which instructed all courts in the country to refrain from accepting new cases or issuing any interim or final orders until further notice. These directives particularly pertain to cases involving religious sites, especially mosques and shrines.
The Supreme Court's ruling was delivered while hearing petitions challenging various provisions of the Places of Worship (Special Provisions) Act, 1991. This legislation prohibits any alteration to the religious character of a place of worship, mandating that the status as of August 15, 1947, be maintained. However, the Ayodhya Ram Janmabhoomi-Babri Masjid dispute was excluded from this law's scope.
On Tuesday, the court heard two separate petitions filed by the management committee of the Sambhal Jama Masjid. These petitions contest the Allahabad High Court's order from May 19, 2025. A bench comprising Justices P.S. Narasimha and Alok Aradhe reviewed the case. The High Court had dismissed the mosque committee's petition against the survey order issued by the local court, upholding the lower court's decision.
The High Court stated that the appointment of a 'court commissioner' and the lawsuit were both admissible. Senior advocate Huzaifa Ahmadi, representing the mosque committee, argued that the primary question was how the High Court could proceed in light of the Supreme Court's December 2024 order. Ahmadi emphasized, “Given this order, the High Court should not have moved forward.” He noted that the Supreme Court's directive was specifically communicated to the High Court.
Referring to the 1991 law, he asserted that its primary purpose was to prevent disputes from escalating and to halt them at the outset. Arguments in this case will continue on August 4. The mosque committee had filed a petition against the order of the civil judge dated November 19, 2024.
The civil judge had ordered a survey of the Mughal-era mosque, which was conducted on the same day. The committee contended that a second survey conducted on November 24, 2024, was illegal, as no such order had been issued by the civil court. Last year, on August 22, the Supreme Court had agreed to hear the mosque committee's petition against the High Court's order.
In its directive, the Supreme Court stated, “In the meantime, all parties should maintain the status quo as per the current situation.” A lawsuit had been filed in the Sambhal civil court, claiming that a temple had been demolished to construct the mosque. The petition alleged that Mughal Emperor Babur had ordered the demolition of the Harihar temple in 1526 to build this mosque. On November 29, 2024, the Supreme Court ordered the Sambhal court to halt proceedings related to the mosque and its survey in Chandosi.
Additionally, the Uttar Pradesh government was instructed to maintain peace and harmony in the city.