Supreme Court Orders Status Quo On Suit Against Sambhal Masjid Till Monday

The Supreme Court on Friday (August 22) ordered status quo till Monday (August 25) with respect to the Hindu plaintiffs' suit against the Sambhal Mosque in Uttar Pradesh. A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar was hearing the Sambhal Mosque Committee's plea against the May 19, 2025 order of the Allahabad High Court that held that the suit against the Shahi Jama Masjid in Sambhal was not barred by the Places of Worship (Special Provisions) Act 1991.Senior Advocate Huzefa Ahmadi, for the petitioner, submitted that the challenge was to the High Court's finding that the suit was not barred by the Places of Worship Act. Justice Narasimha at this point asked if the matter should be tagged along with the batch of petitions relating to the Places of Worship Act.Advocate Vishnu Shankar Jain, for the respondents, submitted that the issue relating to the Places of Worship Act did not arise in this case. He contended that since the Sambhal Mosque was a monument protected by the Archaeological Survey of India (ASI), it was outside the ambit of the Act. He said that the plaintiffs are only seeking access to the monument.Jain further submitted that another bench of the Court today passed an order that an ASI-protected monument is not covered by the Places of Worship Act. The bench then asked Jain to produce the said order on Monday. "We will see that order. We do not want to pass inconsistent orders," Justice Narasimha said, posting the matter to Monday. Till then, status quo was ordered.The High Court had dismissed the Mosque Committee's plea challenging the trial court's order dated November 19, 2024, which had appointed an Advocate Commissioner to carry out a local investigation of the mosque premises. The visit of the Commissioner in November last year to the mosque had led to communal violence in the area. The Supreme Court later stayed trial court proceedings in November 2024 until the High Court decided the Mosque Committee's challenge.BackgroundThe suit before the trial court was filed by eight Hindu plaintiffs, including Mahant Rishiraj Giri, who claimed that the mosque was constructed in 1526 after partially demolishing an ancient temple dedicated to Kalki, the last avatar of Lord Vishnu. They sought the right to access the structure, which is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.The High Court considered three legal questions: whether leave to institute the suit before the expiry of notice under Section 80(2) of the CPC was valid; whether the trial court was correct in appointing a Commission under Order XXVI Rules 9 and 10 CPC; and whether the suit was barred by the Places of Worship (Special Provisions) Act, 1991. It ruled in favour of the plaintiffs on all counts.It held that the notice under Section 80 CPC had been served on October 21, 2024, and no objection had been raised by the Government or its officers, making the leave valid. The Court found that the Advocate Commissioner's appointment for a local investigation was in accordance with procedural requirements and could be made even without notice to the other side in appropriate cases.On the 1991 Act issue, the High Court noted that the suit was not barred as it was not aimed at altering the religious character of the site but sought enforcement of the right of public access under Section 18 of the 1958 Act. It observed that the mosque had been declared a protected monument as early as 1920 and that an agreement was signed in 1927 between its mutawallis and the Collector of Moradabad, recognising the Archaeological Survey of India's role in its maintenance.Case no. – SLP(C) No. 21599/2025Case Title – Committee of Management, Jami Masjid Sambhal, Ahmed Marg Kot Sambhal v. Hari Shankar Jain Click Here To Read/Download Order

Supreme Court Orders Status Quo On Suit Against Sambhal Masjid Till Monday

Amisha Shrivastava

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