SC to Weigh If Sambhal Mosque Survey Falls Under Places of Worship Act; Status Quo Till Aug 25

The Bench of Justice PS Narasimha and Justice Atul S. Chandurkar asked whether the matter ought to be tagged with pending petitions concerning the validity of the Places of Worship (Special Provisions) Act, 1991.

Counsel for the respondents argued that the Act was not in question, stressing that the dispute was limited to access to the site, which is already a protected monument.

However, Senior Advocate Huzefa Ahmadi, appearing for the petitioner committee, pointed out that the High Court had specifically ruled that there was no bar under the Act, and it was precisely that finding which was under challenge.

Justice Narasimha noted that while the respondents claimed the Act was irrelevant, the issue was indeed argued before the High Court, which ruled against the petitioner. “We now have to examine the correctness of that finding, especially since similar issues are pending here,” the judge remarked.

Advocate Vishnu Shankar Jain, appearing for the respondents, contended that the case was not comparable to others under the Act. “I sought a survey because many ancient artefacts were being removed,” he submitted, adding that the Supreme Court had earlier dismissed an SLP holding that an ASI-protected monument does not fall under the scope of the Places of Worship Act.

The Bench extended the status quo order until Monday (August 25) stating that it would examine the previous order to avoid passing inconsistent directions.

In February the Uttar Pradesh government had submitted before the SC that Shahi Jama Masjid at Chandausi is situated on public land. The government had also stated that the 'Dharani Varah Koop' well, is also on public land which is located outside the mosque structure and the mosque's management committee has opposed its revival.

Earlier, in January, the Court had issued notice on the plea and ordered status quo with regard to a well located near the entrance of the mosque. The Court had ordered status quo with regard to a well located near the entrance of the mosque.

In the main petition filed by the Masjid Committee, Chief Justice of India Sanjiv Khanna led bench had asked the Sambhal Shahi Jama Masjid Committee to approach the Allahabad High Court with its petition against the ASI survey ordered by a civil court.

The Masjid Committee moved the Supreme Court seeking a stay on a civil court’s November 19 order directing a survey, to be conducted by the Archeological Survey of India (ASI), of the 16th-century mosque in Uttar Pradesh. A bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar is scheduled to hear the plea on November 29, 2024.

They have sought a stay on the civil court's order, arguing that the survey was conducted in “hot haste.” According to the petition, the survey was ordered and completed within a day, followed by another survey with barely six hours’ notice. “The manner in which survey was ordered in this case and has been ordered in some other cases will have an immediate impact in a number of cases across the country that have been filed recently concerning places of worship where such orders will have a tendency to inflame communal passions, cause law and order problems and damage the secular fabric of the country,” the petition alleged.

Case Title: Committee of Management, Shahi Jama Masjid, Sambhal vs. Hari Shankar Jain and others

Hearing Date: August 22, 2025

Bench: Justice PS Narasimha and Justice Atul S. Chandurkar