New Delhi, Aug 22 (UNI) The Supreme Court today ordered continuation of status quo in the case concerning the Sambhal Masjid and fixed the matter for further hearing on Monday, August 25.
The order came while hearing a Special Leave Petition (SLP) filed by the Committee of Management of the Shahi Jama Masjid, Sambhal, challenging an Allahabad High Court ruling.
The Allahabad High Court had earlier held that the suit filed against the Masjid was not barred by the Places of Worship (Special Provisions) Act, 1991.
Contesting this, the Masjid Committee approached the apex court.
A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar heard the matter.
During the hearing, Advocate Vishnu Shankar Jain, appearing for the respondents, argued that the Places of Worship Act did not automatically apply merely because it was invoked in submissions.
Referring to Section 4(3) of the Act, Jain contended that the Masjid is a protected monument under the Archaeological Survey of India (ASI), and therefore, the 1991 Act cannot be made applicable.
He further pointed out that another bench of the Supreme Court had previously dismissed an SLP on similar grounds and promised to place that order before the court on the next date.
On the other hand, Senior Advocate Huzefa Ahmadi, representing the Masjid Committee, stressed that all surveys had been stayed by the Supreme Court’s earlier orders and urged the court to continue the interim protection.
Justice Narasimha observed, “The question that arises is whether such a survey arises by virtue of the Places of Worship Act or arises out of the ASI Act. Before we take a call, we are trying to see what the court has held.”
He further remarked that the bench would have to carefully examine the issue raised by Jain, especially since similar questions had arisen before.
Accepting Ahmadi’s submission, the court ordered that the status quo on the suit against the Masjid will continue.
It also issued a notice and directed the matter to be taken up again on August 25, 2025.
The dispute traces back to contentions raised before the Allahabad High Court, where the respondents claimed that the Sri Harihar temple, dedicated to Lord Kalki, located in the heart of Sambhal, was being forcibly and unlawfully used by the Jama Masjid Committee.
The High Court was asked to decide, among other questions, whether leave to institute the suit was validly granted under Section 80(2) CPC, whether the direction for local investigation was legally sustainable under Order XXVI Rules 9 and 10 CPC, and whether the suit was barred by the 1991 Act in light of the 1958 Act.
The Supreme Court has previously intervened in related matters.
On April 1, 2025, it refused to entertain a plea against an Allahabad High Court order directing the ASI to whitewash the Mughal-era Jama Masjid.
On January 10, 2025, the court restrained the enforcement of municipal notices concerning a disputed well near the Jama Masjid until further orders.
