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The Supreme Court on Thursday reserved its judgement on a plea by the Sambhal Jama Masjid Committee challenging the survey of the mosque ordered by a trial court in a suit filed by Hindu plaintiffs claiming rights to perform religious ceremonies at the site.
A bench of Justices PS Narasimha and Alok Aradhe heard submissions from all the concerned parties and reserved its verdict in the plea. The bench heard senior advocate Huzefa Ahmadi and Advocate Nizam Pasha for the mosque committee, advocate Vishnu Shankar Jain for the Hindu plaintiffs and Additional Solicitor General KM Nataraj for the Uttar Pradesh government. The Committee had challenged the Allahabad High Court's order, which upheld the trial court's order to appoint an advocate commissioner to survey the mosque. The mosque Committee argued that the civil suit was barred by the Places of Worship (Special Provisions) Act, 1991, and challenged the appointment of an advocate Commissioner for a local survey without prior notice. It also argued that the Commission could not be used to gather evidence for the plaintiffs' Committee. They, however, contended that the Sambhal structure was protected under the ancient monuments law and fell within an exception to the 1991 Act. The State government said it would not enter into the merits of the underlying religious dispute. ASG Nataraj submitted that the applicability of the Places of Worship Act depended on whether the suit sought alteration or conversion of the religious character of the site. Advocate Vishnu Shankar Jain, appearing for the Hindu plaintiffs, submitted that the Sambhal Jama Masjid is a protected monument covered by the exception under Section 4(3)(a) of the Places of Worship Act. He said the monument was protected as early as 1920 and relied on the Supreme Courts Bhojshala proceedings to contend that the 1991 Act is not an absolute bar to proceedings concerning protected monuments. Jain maintained that the Allahabad High Court had rightly left the Acts applicability open for determination at a later stage. The Allahabad High Court had upheld the survey order in May 2025. The case originates from a 2024 civil suit filed by Hindu plaintiffs, who assert that the present-day Sambhal Jama Masjid stands at the site of an earlier Hindu temple dedicated to Lord Vishnus Kalki avatar. They alleged that the temple was demolished in the Mughal era and the structure was thereafter converted for use as a mosque. The plaintiffs are seeking access to the site for performing religious rituals and recognition of their claimed religious rights over the property. (ANI)
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