India


Sambhal mosque survey case: SC reserves verdict on Masjid Committee’s challenge

Parmod Kumar

New Delhi, Sep. 25 (UNI) The Supreme Court has reserved its verdict on a plea by the Sambhal Jama Masjid Committee challenging the survey of the mosque ordered by a trial court in a civil suit filed by Hindu plaintiffs claiming religious rights at the site.

The dispute turns on the applicability of the Places of Worship (Special Provisions) Act, 1991, the validity of appointing an advocate commissioner for a local survey and the claim that the structure is a protected monument falling within an exception to the 1991 law.

A bench comprising Justice Panidighantam Sri Narasimha and Justice Alok Aradhe reserved judgment on Thursday - September 24 - after hearing senior advocate Huzefa Ahmadi and advocate Nizam Pasha for the mosque committee, advocate Vishnu Shankar Jain for the Hindu plaintiffs and Additional Solicitor General K.M. Nataraj for the Uttar Pradesh government.

The mosque committee challenged the Allahabad High Court’s order upholding the trial court’s appointment of an advocate commissioner to survey the mosque. It argued that the suit itself was barred by the Places of Worship Act and that a survey could not have been ordered without prior notice. It also contended that a commission could not be used as a means to collect evidence for the plaintiffs.

Jain, appearing for the Hindu plaintiffs, submitted that the Sambhal Jama Masjid was a protected monument and therefore covered by the exception under Section 4(3)(a) of the 1991 Act. He said the monument had been protected since 1920 and relied on the Supreme Court’s Bhojshala proceedings to argue that the Act did not create an absolute bar in cases involving protected monuments.

The State government said it would not enter into the merits of the underlying religious dispute. ASG Nataraj submitted that applicability of the 1991 law would depend on whether the suit sought alteration or conversion of the religious character of the site.
The Allahabad High Court had upheld the survey order in May 2025.

The dispute stems from a 2024 civil suit in which Hindu plaintiffs claim that the present mosque stands at the site of an earlier temple dedicated to Lord Vishnu’s Kalki avatar. They allege that the temple was demolished during the Mughal period and seek access to the site for religious rituals and recognition of their claimed rights over the property.
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