Supreme Court Flags Duplicate SLPs By Sambhal Mosque Committee In Survey Case, Calls It “Unfortunate”
Supreme Court adjourned the Shahi Jama Masjid Committee's plea against the court-ordered Sambhal mosque survey to July 21
The Supreme Court on Tuesday expressed concern over multiple Special Leave Petitions (SLPs) filed by the Sambhal Mosque Committee against the same order of the Allahabad High Court, calling the situation “unfortunate” and urging the parties to resolve internal disputes.
The bench of Justices P.S. Narasimha and Alok Aradhe was hearing a plea challenging the High Court’s order affirming a trial court direction to appoint an advocate commissioner to survey a mosque, in a suit alleging that it was constructed after demolishing a temple.
At the outset, the Bench noted that two separate SLPs had been filed through different Advocates-on-Record on behalf of the mosque committee. “This is the first time we are finding a situation where an SLP is filed against the same order by two different advocates,” Justice Narasimha remarked.
Senior Advocate Huzefa Ahmadi, appearing for one faction, submitted that his client was duly authorised, stating that a resolution of the board had been annexed. He argued that a registered trust had been constituted prior to the institution of the suit and that he represented its authorised office-bearer.
However, counsel for the rival SLP contended that he had been handling the matter since inception, claiming to represent the committee’s secretary after internal changes in leadership.
The Bench questioned whether there was a valid resolution authorising the filings and urged both sides to resolve the dispute internally.
“This is an unfortunate situation. Why don’t you sort it out among yourselves? We don’t want to step into your dargah. It is rather embarrassing for us to get into this,” Justice Narasimha observed.
Senior Advocate Shyam Divan, appearing for the respondent, submitted that questions regarding proper authorisation could be examined by the trial court instead of prolonging proceedings before the top court.
The Bench reiterated that it was not inclined to adjudicate internal disputes of the committee and advised the parties to arrive at a consensus.
The matter has been listed for further hearing next Tuesday, i.e. May 12.
Notably, on August 22, 2025 the Court had asked whether the matter ought to be tagged with pending petitions concerning the validity of the Places of Worship (Special Provisions) Act, 1991. The Bench had extended the status quo order stating that it would examine the previous order to avoid passing inconsistent directions.
Earlier, in January 2025, 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.
Case Title: Committee of Management, Jami Masjid Sambhal v. Hari Shankar Jain
Bench: Justices P.S. Narasimha and Alok Aradhe
Hearing Date: May 5, 2026