Today, On 22nd August, Supreme Court has ordered that status quo be maintained till August 25 in the Sambhal mosque dispute while issuing notice to Hindu petitioners, after the mosque committee challenged the Allahabad High Court’s order allowing a survey.
New Delhi: The Supreme Court ordered that the status quo be maintained until August 25 in the dispute over the Sambhal mosque and issued a notice to the Hindu petitioners.
A bench comprising Justices P. S. Narasimha and A. S. Chandurkar delivered the ruling while hearing an appeal from the mosque committee, which is contesting a decision by the Allahabad High Court.
The Court also ordered that status quo should be maintained till Monday.
Also Read: Jama Masjid Whitewashing Begins in Sambhal After High Court Nod – Security Tightened
Advocate Vishnu Shankar Jain, representing the respondents, argued that the mere assertion that the Place of Worship Act applies does not automatically invoke the Act’s provisions.
Citing Section 4(3) of the Act, Jain contended that the Masjid is a monument protected by the Archaeological Survey of India (ASI), which means the Place of Worship Act cannot be enforced. Senior Advocate Huzefa Ahmadi, representing the Management Committee of the Masjid, pointed out that all surveys had been previously stayed, as per a Supreme Court order.
In response, Justice Narasimha stated,
“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 emphasized that the court needs to resolve the issue raised by Vishnu Jain, noting that similar matters had been addressed in the past.
Senior Advocate Huzefa Ahmadi, argued that the Allahabad High Court had gone wrong in its understanding of the law. He submitted that the High Court had wrongly held that there is no bar under the 1991 Act.
On the other hand, Advocate Vishnu Shankar Jain, representing the other side, opposed this argument and said that merely making a reference to the 1991 Act does not automatically mean that the Act applies in this case.
He clearly stated,
“Merely invoking the Act does not make it applicable.”
During the hearing, Justice Narasimha observed that this was a very sensitive issue which needs proper and detailed hearing.
He remarked,
“The issue needs careful hearing.”
Also Read: Sambhal Mosque || “No Painting, Only Cleaning Allowed at Jama Masjid”: Allahabad HC
The Supreme Court also noted that there were duplicate appeals before it which had been filed by the same set of parties.
The Bench said it wanted clarity on a related order which had been passed earlier in Court No. 4. To avoid the risk of two inconsistent orders being passed in the same matter, the Court adjourned the case to Monday.
For now, the order makes it clear that the status quo on the proposed survey of the Sambhal mosque will continue till Monday, when the case will again come up before the Bench for hearing.
The high court had dismissed the committee’s plea against a survey mandated by a Sambhal court regarding the Shahi Jama Masjid and Harihar Temple, affirming that the civil court’s instructions for the survey were valid.
The high court stated that the order to appoint a court commissioner and the lawsuit were maintainable.
The mosque committee had previously approached the high court to challenge the civil judge’s order dated November 19 of last year, which directed the survey of the Mughal-era mosque, conducted the same day.
The committee contended that a second survey, conducted on November 24 of last year, was unlawful as it was not ordered by the civil court.
The Jama Masjid is a very old and important historical monument, and because of this, it is under the ASI’s care. The petition, which was filed by local people and conservationists, said that the mosque had not been properly maintained for many years. Due to this neglect, dirt and dust had gathered on the walls, making the mosque look dull and affecting its structure.
Case Title: Committee Of Management, Jami Masjid Sambhal, Ahmed Marg Kot V. Hari Shankar Jain And Ors. ( SLP(C) No. 21599/2025 XI)
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
