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Synopsis

A plea has been filed before the Supreme Court of India, seeking to bar states from executing court orders that direct surveys of religious structures or mosques, claiming that such actions are in contravention of the Places of Worship (Special Provisions) Act, 1991

The petition, filed by Congress spokesperson Alok Sharma and activist Priya Mishra, has urged the court to "Direct the respondents/states not to execute any order of courts directing them to carry survey of religious structures /mosques in the contravention of The Place of Worship(Special Provisions) Act, 1991." 

Further, It urges all the respondent states, through their Chief Secretaries, and the Union of India, through the Home Secretary of the Ministry of Home Affairs, to ensure that they comply with the Places of Worship Act 1991.

Notably, an Ajmer District Court had recently issued notice to the Archeological Survey of India (ASI) in a suit filed by Vishnu Gupta, the National President of Hindu Sena, raising concerns over the alleged destruction of an ancient Hindu temple under the Dargah Khwaja Saheb.

Gupta claims that he conducted detailed research and found that the Ajmer Dargah was built on pre-existing structures, including gateways and domes exhibiting architectural features characteristic of Hindu and Jain temples.

A similar plea was filed before a Sambhal Court regarding the Shahi Jama Masjid, wherein the court ordered survey by a court appointed advocate. This also led to tension in the area with stone pelting and other acts of aggression taking place.

The Sambhal Shahi Jama Masjid Committee also moved Supreme Court seeking a stay on a civil court’s November 19 order directing a survey of the 16th-century mosque in Uttar Pradesh, 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.

While the top court has not intervened, it has asked the Sambhal Masjid Committee to approach the Allahabad High Court for relief.

Similar cases are also pending against the Shahi Idgah mosque in Mathura and the Gyanvapi Mosque in Varanasi.