The Supreme Court on Friday intervened in a dispute concerning the Shahi Jama Masjid in Sambhal, Uttar Pradesh, halting any further action on a survey ordered by a local court. The court directed the Uttar Pradesh government to maintain peace and harmony in the area and restrained the local court from taking further steps related to the survey until January 8, 2024.
In its ruling, the Supreme Court advised the mosque’s management committee to approach the Allahabad High Court regarding the survey order. The Court further stated that any report from the advocate commissioner, who conducted the survey, must remain confidential. It expressed confidence that the trial court would refrain from further action until the high court addresses the case and issues appropriate orders.
The case has garnered attention following violent clashes on November 24 during the survey, which tragically led to the deaths of four individuals. In response to the unrest, the Uttar Pradesh government appointed former Allahabad High Court Judge Devendra Kumar Arora to head a three-member committee to investigate the violence.
The dispute began when eight plaintiffs, including Supreme Court lawyer Hari Shankar Jain, filed a lawsuit in the Sambhal civil court on November 19, alleging that the Shahi Jama Masjid was built on the site of a “Harihar Temple.” The plaintiffs requested access to the site, claiming it to be a temple. Jain and his son, advocate Vishnu Shankar Jain, have also been involved in similar lawsuits concerning other religious sites, including the Gyanvapi mosque in Varanasi and the Shree Krishna Janmabhoomi-Shahi Idgah in Mathura.
The local court had swiftly appointed an advocate commissioner to conduct a photographic and videographic survey of the mosque on the same day the lawsuit was filed. This decision was made ex parte, without informing the mosque’s management, and the survey was carried out within hours. A second survey was conducted just five days later, with minimal notice to the mosque committee.
The mosque management committee petitioned the Supreme Court, seeking an immediate stay on the survey. The committee argued that such surveys of historic religious sites could escalate communal tensions and undermine the country’s secular values. It questioned the legality of the survey order and raised concerns about procedural flaws in the civil court’s decision.
Specifically, the committee argued that the actions violated the Places of Worship (Special Provisions) Act of 1991, which preserves the character of religious sites as it existed on August 15, 1947, and prevents changes to that character. Additionally, the committee cited the Ancient Monuments and Archaeological Sites and Remains Act of 1958, which safeguards historic places of worship from desecration.
The petition further emphasized the absence of a clear rationale or terms of reference for the survey, asserting that such actions, particularly concerning sensitive religious issues, could inflame communal passions. The mosque committee urged the Supreme Court to take direct action to prevent further unrest and uphold the integrity of the Places of Worship Act.
The Supreme Court had previously acknowledged the relevance of the Places of Worship Act in another case involving Hindu women seeking the right to worship Hindu deities in the Gyanvapi mosque complex. In this case, the mosque management argued that the 1991 Act prohibits legal challenges to the religious character of places of worship, except in the case of the Ayodhya Ram Janmabhoomi-Babri Masjid dispute.
A batch of petitions seeking the repeal or stricter enforcement of the Places of Worship Act has been pending before the Supreme Court since March 2021.
This ongoing legal battle reflects broader tensions surrounding religious sites in India, where court orders and surveys have increasingly become flashpoints for communal clashes. The Supreme Court’s decision to pause the survey of the Shahi Jama Masjid aims to provide a temporary resolution and prevent further escalation of tensions.
