The Supreme Court on Tuesday began hearing appeals against an Allahabad High Court ruling that validated a court-ordered survey of the Shahi Jama Masjid in Sambhal, Uttar Pradesh, as legal representatives for the mosque management committee argued that lower courts acted in violation of a nationwide judicial freeze.
Appearing before a bench comprising Justice P S Narasimha and Justice Alok Aradhe, senior advocate Huzefa Ahmadi argued on behalf of the Jama Masjid management committee that the High Court erred by allowing proceedings to move forward despite an explicit stay ordered by the top court.
Mosque Committee Challenges High Court Mandate
The mosque committee brought two separate petitions against a May 19, 2025 decision of the Allahabad High Court. That ruling had dismissed the mosque management’s challenge to a civil judge’s survey order, affirming that the suit seeking to reclaim the site and the appointment of a court commissioner were legally maintainable.
Addressing the apex court, Ahmadi highlighted a landmark December 12, 2024 Supreme Court order that instructed all judicial forums across India to refrain from entertaining fresh suits or issuing effective interim and final orders in pending claims over religious sites, particularly mosques and shrines. He stated that this directive had been explicitly drawn to the attention of the High Court, which nevertheless proceeded with the matter.
Statutory Framework and Legislative Intent
The legal challenge centers on the provisions of the Places of Worship (Special Provisions) Act, 1991. The statute freezes the religious character of all places of worship as they existed on August 15, 1947, prohibiting any legal conversion, with the historical exception of the Ram Janmabhoomi-Babri Masjid dispute in Ayodhya.
During the hearing, Ahmadi underscored that the legislative objective of the 1991 statute was to prevent ongoing religious disputes over historic structures by resolving them decisively at the outset.
Background of the Sambhal Dispute
The underlying litigation stems from a suit filed before the Civil Judge (Senior Division) in Sambhal, alleging that the 16th-century mosque was constructed by Mughal emperor Babur in 1526 after destroying the pre-existing Harihar temple.
On November 19, 2024, the civil court ordered an initial inspection of the structure, which was executed on the same day. The mosque committee subsequently challenged a second survey conducted on November 24, 2024, asserting that it lacked judicial authorization.
Following appeals, the Supreme Court on November 29, 2024 directed the local civil court in Chandausi to halt all further proceedings and instructed the Uttar Pradesh administration to preserve public peace in the area. On August 22, the top court formally agreed to adjudicate the mosque committee’s appeal while directing all involved parties to maintain status quo.
Proceedings on the matter are scheduled to resume before the bench on August 4.
