Supreme Court Orders Status Quo On Suit Against Sambhal Jama Masjid
|An SLP was filed by Committee of Management of the Masjid against the order of the Allahabad High Court wherein it held that the suit against the Shahi Jama Masjid was not barred by the Places of Worship (Special Provisions) Act 1991.
Today, the Supreme Court, while hearing an SLP filed by the Committee of Management of the Sambhal Masjid, ordered to continue status quo on suit against the Sambhal Masjid until next date of hearing, i.e, Monday.
An SLP was filed by the Committee of Management of the Masjid against the order of the Allahabad High Court, wherein it held that the suit against the Shahi Jama Masjid was not barred by the Places of Worship (Special Provisions) Act 1991.
A bench comprising Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar heard the matter.
Advocate Vishnu Shankar Jain, for the respondents, argued that merely because it has been submitted that the Place of Worship Act was attracted, that does not automatically attract the provisions of the Act.
While relying on Section 4(3)of the Act, Jain submitted that the Masjid was a monument protected under the Archaeological Survey of India (ASI). Thus, the Place of Worship Act cannot be applied.
Senior Advocate Huzefa Ahmadi, for the Management Committee of the Masjid, while referring to the previous Order of the Supreme Court, highlighted that all surveys were stayed.
Upon which, Justice Narasimha said, "The question arises is whether such a survey is rising by virtue of the Places of the Worship Act or is arising out of the ASI Act... Before we take a call, we are trying to see what the Court has held."
Justice Narasimha remarked that they have to decide the issue raised by Vishnu Jain, as similar issues had arisen earlier.
Further, Jain mentioned that another Bench of the Supreme Court has dismissed an SLP on the very ground raised by him. Jain again emphasised that the Masjid was not covered under the Place of Worship Act as it is a protected monument by ASI.
The Court asked Jain to show the said order on the next date of hearing.
Upon which Ahmadi pointed out that the status quo on the suit against Masjid shall continue based on the earlier of the Supreme Court.
Accordingly, the notice was issued, and the matter will be heard on August 25, 2025.
Background
The Respondents herein contended before the Allahabad High Court that Sri Harihar Temple dedicated to Lord Kalki in the heart of city of Sambhal which is being forcibly and unlawfully used by the committee known as Jami Masjid Committee, Sambhal.
The questions placed before the Allahabad High Court for consideration were, "I. Whether the court below was correct in granting leave to institute the suit before expiry of period of notice under Section 80 (2) CPC? II. Whether the court below was correct to direct for local investigation and appoint Commission exercising power under Order XXVI Rule 9 and 10 CPC, and necessary compliance of Rule 68 and 69 of the General Rules Civil was made or not? III. Whether the court below could have proceeded with the matter under the Act of 1958, once the institution of suit was barred by the Act of 1991?”
Earlier, on April 1, 2025, the Supreme Court refused to entertain a plea challenging an Allahabad High Court order that asked the Archaeological Survey of India to whitewash the Mughal-era Jama Masjid in Uttar Pradesh's Sambhal district.
On January 10,2025, the Supreme Court also intervened in the ongoing dispute over a well near the Jama Masjid in Sambhal, Uttar Pradesh, and directed that no Municipality notices related to the well be given effect to, until further orders.
Cause Title: Committee Of Management, Jami Masjid Sambhal, Ahmed Marg Kot V. Hari Shankar Jain And Ors. ( SLP(C) No. 21599/2025 XI)
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