Supreme Court Reserves Verdict on Mosque Survey Plea in Sambhal Dispute

The Supreme Court on Friday reserved its order on a petition by the Sambhal Jama Masjid committee. The committee challenged a trial court order for a mosque survey stemming from a 2024 suit by Hindu plaintiffs claiming the site was a temple.

Court Proceedings And Arguments

A bench of justices PS Narasimha and Alok Aradhe concluded arguments after hearing all parties and the Uttar Pradesh government. The court noted that the main suit remains pending and the immediate issue is the validity of the survey itself. Violence had broken out near the Shahi Jama Masjid on November 24, 2024, during protests against the survey, resulting in at least four deaths and several injuries. Hindu claimants allege the Mughal-era mosque was built after the demolition of a Harihar temple.

Legal Stances And Acts

Senior advocate Huzefa Ahmadi and advocate Mohammad Nizam Pasha represented the mosque committee. They argued the suit is not maintainable under the Places of Worship (Special Provisions) Act, 1991, which protects the religious character of places of worship as of August 15, 1947. Representing the UP government, Additional Solicitor General KM Nataraj maintained a neutral stand. Nataraj stated the case is at a nascent stage and noted that the statutory bar on proceedings depends on whether the suit seeks to convert the place of worship.

Hindu Side Arguments

Advocate Vishnu Shankar Jain opposed the mosque committee appeal. Jain argued that the 1920 protected monument status of the structure excludes it from the 1991 Act. He also cited the Bhojshala case where the Madhya Pradesh high court dealt with a site under Archaeological Survey of India control, arguing that the top court allowed high courts to examine such matters.