The Supreme Court of India directed trial courts nationwide to refrain from passing any effective orders or conducting surveys concerning existing religious structures in cases disputing their religious character. A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan passed the interim direction while hearing a batch of petitions challenging provisions of the Places of Worship (Special Provisions) Act of 1991.
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NEW DELHI: The Supreme Court of India issued a significant directive, instructing trial courts across the country to refrain from making any effective rulings or conducting surveys regarding existing religious structures involved in disputes over their religious character.
This interim order, delivered by a bench comprising Chief Justice of India (CJI) Sanjiv Khanna, and Justices PV Sanjay Kumar and KV Viswanathan, arises amid ongoing challenges to the Places of Worship (Special Provisions) Act of 1991.
The Act of 1991 unequivocally prohibits lawsuits that aim to alter the religious character of any place of worship as it existed on August 15, 1947.
The Supreme Court emphasized that cases disputing the religious nature of sites, a recurring theme in courts nationwide, must be halted until the validity of the Act itself is resolved.
Currently, there are 11 key religious sites embroiled in disputes across India, seven of which are located in Uttar Pradesh. Below is an in-depth exploration of each case.
1. Gyanvapi-Kashi Vishwanath Dispute: Varanasi, Uttar Pradesh
Case title: Rakhi Singh v. State of Uttar Pradesh & Ors and other connected petitions.
The Gyanvapi compound dispute hinges on competing claims about its religious identity.
- The Hindu side asserts: “Hindu prayers were offered in the mosque’s cellar until 1993 when the Mulayam Singh Yadav-led government intervened.” They also claim the site housed an ancient temple destroyed during Mughal emperor Aurangzeb’s rule. The suit seeks to restore the Lord Vishweshwar Temple.
- The Muslim side counters these allegations, maintaining “continuous possession of the mosque, which predates Aurangzeb’s reign.”
In 2022, the Supreme Court permitted the Archaeological Survey of India (ASI) to conduct a scientific survey of the mosque premises. Recently, the Court issued notice on a plea seeking to transfer related cases to the Allahabad High Court.
2. Krishna Janmabhoomi-Shahi Idgah Dispute: Mathura, Uttar Pradesh
Case Title: Bhagwan Shrikrishna Virajman at Katra Keshav Dev & Ors v UP Sunni Central Waqf Board & Ors
The origins of this dispute trace to the Hindu side’s claim that
“the Shahi Idgah Mosque was built on Krishna Janmabhoomi land.”
Filed on behalf of the deity Bhagwan Shri Krishna Virajman and Hindu devotees, the suit seeks the mosque’s removal, asserting evidence that it was initially a Hindu temple.
The Allahabad High Court has advised media outlets to exercise caution in reporting on the case.
3. Shahi Jama Masjid Dispute: Sambhal, Uttar Pradesh
Case Title: Hari Shankar Jain v UOI & Ors
Hindu plaintiffs allege that Sambhal’s Jama Masjid was once a temple dedicated to Kalki, the prophesied final incarnation of Lord Vishnu. According to the petition,
“the Jama Masjid caretaking committee unlawfully occupies the site”
and denies access to Hindus.
Following a 2024 civil court order for a site survey, communal tensions erupted, resulting in violence and casualties. Two Public Interest Litigations (PILs) are pending in the Allahabad High Court regarding these developments.
4. Ajmer Sharif Dargah Dispute: Ajmer, Rajasthan
Case Title: Bhagwan Shri Sankatmochan Mahadev Virajman & Ors v Dargah Committee Khawaja Sahab & Ors
Hindu Sena President Vishnu Gupta has filed a suit seeking to remove the Dargah Committee, citing historical records suggesting the site housed a Mahadeva and Jain temples. The suit demands
“the reconstruction of the Bhagwan Shri Sankatmochan Mahadev Temple.”
The court issued notice to the Muslim respondents in November 2024.
5. Teelay Wali Masjid Dispute: Lucknow, Uttar Pradesh
Case Title: Lord Sheshnagesht Teeleshwar Mahadev Virajman Ors v Union of India & Ors
This dispute alleges that the mosque, located at the Laxman Teela site, was built on a demolished Hindu temple during Aurangzeb’s reign. Hindu devotees filed the suit in 2013, demanding the right to conduct puja and other rituals on the premises.
A lower court upheld the maintainability of the Hindu side’s case, rejecting a revision plea by the Muslim side earlier this year.
6. Atala Masjid Dispute: Jaunpur, Uttar Pradesh
Case Title: Swaraj Vahini Association Bhadkhil Tehsil Madiahu Dist Jaunour Jariye Santosh Kumar v Peace Committee Jama Masjid (Atala Masjid) Bajriye Committee Sadar
The Swaraj Vahini Association (SVA) filed a suit claiming the site is the original location of the Atala Devi Mandir.
The plaintiffs demand exclusive possession of the site and a prohibition on non-Hindu entry.
This case is scheduled for a December 16 hearing.
7. Shamshi Masjid Dispute: Badaun, Uttar Pradesh
Case Title: Bhagwan Shri Neelkanth Mahadev Mahakal (Ishan Shiv Mandir) v Inrzamiya Committee tathakathit Jamiya Masjid (Jama Masjid Shamshi)
The Akhil Bharatiya Hindu Mahasabha argues that the mosque was built after the Neelkanth Mahadev Temple was destroyed in the 13th century.
The plaintiffs claim the temple belonged to Hindu king Raja Mahipal.
This case is also scheduled for a December 16 hearing.
8. Jama Masjid and Dargah Shaikh Salim Chishti Dispute: Agra, Uttar Pradesh
Case Title: Shri Bhagwan Shri Kamakhya Mata Alias Kamakhya Devi v UP Sunni Central Waqf Board & Ors
Filed by the Kshatriya Shaktipeeth Vikas Trust, the suit alleges that
“the Dargah of Sheikh Salim Chishti and the Jama Masjid were part of a temple complex dedicated to Mata Kamakhya.”
The plaintiffs assert the property has been encroached upon.
The matter is under consideration by an Additional Civil Judge in Agra.
9. Quwwat-ul-Islam Mosque Dispute: Qutub Minar, New Delhi
Case Title: Jitender Singh v UOI Tirthankar and Lord Rishabh Dev Through next friend Hari Shankar Jain v UOI
This case seeks the restoration of deities to the mosque complex and permission for Hindu worship. The Hindu side claims:
“The mosque was built by demolishing temples.”
However, the Muslim side argues the suit is flawed due to the plaintiffs’ lack of juristic standing.
10. Kamal Maula Mosque Dispute: Bhojshala Complex, Madhya Pradesh
Case Title: Hindu Front for Justice v Union of India and Ors
Hindus have petitioned the Madhya Pradesh High Court to reclaim the Bhojshala complex. They argue the ASI’s survey revealed the structure incorporates materials from older temples.
The Supreme Court recently refused to halt ASI studies to determine the site’s religious character.
11. Juma Masjid Dispute: Malali Mosque, Mangalore, Karnataka
Case Title: Dhananjay v Jumma Masjid Malalipete
The Vishwa Hindu Parishad has filed a plea for a survey, claiming the mosque houses a temple-like structure. The Muslim side opposes these claims, asserting land ownership.
In November 2024, an assistant commissioner dismissed the VHP’s petition for a survey.
Conclusion
The disputes over these 11 religious sites highlight the intersection of history, law, and faith in contemporary India.
The Supreme Court’s directive aims to ensure judicial consistency and fairness while upholding the 1991 Act’s sanctity until its constitutional validity is conclusively determined.
Click Here to Read Previous Reports on Places Of Worship Act
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