The 11 disputes over religious sites across India that will now be stayed

In a significant development on Thursday, 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.The Act of 1991 expressly prohibits institution of such suits. It states that the religious character of a place of worship existing on August 15, 1947 shall continue to be the same as it existed on that day.The Court said that suits disputing the religious character of structures - a multitude of which have cropped up in courts across the country - cannot proceed until the validity of the 1991 law itself is decided..There are a total of 11 religious sites which are currently under dispute before different courts in India. Out of these 11 sites, 7 are in Uttar Pradesh.In this piece, we take a closer look at all the key sites involved..1. Gyanvapi-Kashi Vishwanath dispute: Varanasi, Uttar PradeshCase title: Rakhi Singh v. State of Uttar Pradesh & Ors and other connected petitions..The case centers on conflicting claims regarding the religious character of the Gyanvapi compound. The Hindu side argues that Hindu prayers were offered in the mosque’s cellar until 1993, when the Mulayam Singh Yadav-led government allegedly intervened. They also claim that an ancient temple was destroyed during Mughal emperor Aurangzeb's rule. The suit seeks the restoration of the Lord Vishweshwar Temple at the site. The Muslim side denies these claims, asserting continuous possession of the mosque, which predates Aurangzeb's reign. Last year, the Supreme Court allowed the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi Mosque premises.The civil suits filed in the year 2022 is pending before District Judge, Varanasi.In a recent update, the Supreme Court issued notice in a plea seeking the transfer of fifteen pending cases related to the Kashi Vishwanath Temple-Gyanvapi Mosque dispute to the Allahabad High Court..Supreme Court refuses to stay order allowing Hindu puja in Gyanvapi mosque cellar.2. Krishna Janmabhoomi-Shahi Idgah dispute: Mathura, Uttar PradeshCase Title: Bhagwan Shrikrishna Virajman at Katra Keshav Dev & Ors v UP Sunni Central Waqf Board & Ors.The dispute originated when the Hindu side filed an original suit before the civil court claiming that the Shahi Idgah Masjid (mosque) was built on Krishna Janmabhoomi land.The suit was filed on behalf of the Hindu deity Bhagwan Shri Krishna Virajman and several Hindu devotees, and seeks the removal of the mosque from its current location.The plaintiffs claim various indications suggesting that the Shahi Idgah Mosque was originally a Hindu temple. As a result, they filed an application before the High Court requesting the appointment of a commissioner to examine the site.The original suit filed in 2023 along with other connected petitions is pending before Allahabad High Court.In a recent hearing, the High Court directed the press to exercise caution when reporting court proceedings relating to the Krishna Janmabhoomi-Shahi Idgah case..3. Shahi Jama Masjid: Sambhal, Uttar PradeshCase Title: Hari Shankar Jain v UOI & Ors.In the ongoing dispute, which has recently sparked communal tensions, the Hindu plaintiffs claim that Sambhal's Jama Masjid was originally an ancient temple dedicated to Kalki, the prophesied final incarnation of Lord Vishnu. They argue that the Jama Masjid caretaking committee is unlawfully occupying the site.The plaintiffs further claim that they are being denied access to the mosque, as the ASI has not facilitated public entry as mandated by Section 18 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.The civil suit filed in 2024 is pending before the Civil Judge (Senior Division) at Sambhal.The civil court on November 19 had directed an advocate commissioner to conduct a survey of the Shahi Jama Masjid in Sambhal. Following this direction, communal tensions broke out in the district. Four people were reportedly killed amid stone-pelting and vehicle-torching incidents that followed.Two PILs are pending before the Allahabad High Court seeking action against police and State officials..4. Ajmer Sharif Dargah: Ajmer, RajasthanCase Title: Bhagwan Shri Sankatmochan Mahadev Virajman & Ors v Dargah Committee Khawaja Sahab & Ors.The suit, filed by Hindu Sena President Vishnu Gupta through Advocate Shashi Ranjan Kumar Singh, seeks the removal of the Dargah Committee from the premises and requests the ASI to conduct a survey of the Ajmer Dargah.The petition claims that historical records point to the existence of a Mahadeva Temple and Jain temples at the site, where Hindu devotees once worshipped.The suit further calls for the reconstruction of the Bhagwan Shri Sankatmochan Mahadev Temple on the disputed property.The civil suit filed in 2024 is pending before the Civil Judge (Junior Division), Ajmer.The court on November 27 issued notice to defendants (Muslim side) in the present civil suit..5. Teelay Wali Masjid: Lucknow, Uttar Pradesh Case Title: Lord Sheshnagesht Teeleshwar Mahadev Virajman Ors v Union of India & Ors.In 2023, eight Hindu devotees filed a suit seeking a mandatory injunction against the State of UP, ASI and the mosque management. The injunction aimed to prevent interference in religious practices such as puja, archana, aarti, and the recitation of the Hanuman Chalisa at Sheshavatar Mandir and other sites within the Laxman Teela (Teele Wali Mosque) premises.The suit alleges that the mosque was built by demolishing a Hindu temple during the reign of Mughal emperor Aurangzeb, claiming this was part of a practice of replacing temples with mosques after conquest.The civil suit filed in 2013 is pending before the Civil Judge (Senior Division) in Lucknow district court.In February this year, a court in Lucknow rejected the Muslim side revision plea challenging a lower court order on the maintainability of a civil suit filed by Hindu parties..6. Atala Masjid: Jaunpur, Uttar PradeshCase Title: Swaraj Vahini Association Bhadkhil Tehsil Madiahu Dist Jaunour Jariye Santosh Kumar v Peace Committee Jama Masjid (Atala Masjid) Bajriye Committee Sadar.The suit was filed by the Swaraj Vahini Association (SVA) in a representative capacity, along with Santosh Kumar Mishra, before a local court in Jaunpur. The plaintiffs sought a declaration that the disputed 14th-century property is the 'Atala Devi Mandir' and that followers of the Sanatan religion have the right to worship there. They have also requested the court to grant them possession of the property and issue a mandatory injunction to prevent non-Hindus from entering the site.The civil suit filed in 2024 is pending before the Civil Judge (Junior Division), Jaunpur, Uttar Pradesh.This suit is scheduled to be heard by the court on December 16..7. Shamshi Masjid: Badaun, Uttar PradeshCase Title: Bhagwan Shri Neelkanth Mahadev Mahakal (Ishan Shiv Mandir) v Inrzamiya Committee tathakathit Jamiya Masjid (Jama Masjid Shamshi).The Akhil Bharatiya Hindu Mahasabha (ABHM), led by convener Mukesh Patel, along with three Budaun residents, filed a petition in a local court claiming that the Jama Masjid Shamsi was built after demolishing the Neelkanth Mahadev Temple, which stood on the site.According to the petition, the temple was part of a fort belonging to Hindu king Raja Mahipal and it was destroyed in the early 13th century by Shams ud-Din Iltutmish, the third Mamluk Sultan of Delhi.The case filed in 2022 is pending before Civil Judge (Senior Division), Badaun.This suit is listed for hearing on December 16..8. Jama Masjid and Dargah Shaikh Salim Chishti, Fatehpur Sikri: Agra, Uttar Pradesh Case Title: Shri Bhagwan Shri Kamakhya Mata Alias Kamakhya Devi v UP Sunni Central Waqf Board & Ors.The case, filed by Ajay Pratap Singh of the Kshatriya Shaktipeeth Vikas Trust, claims that the Dargah of Sheikh Salim Chishti and the Jama Masjid premises were originally part of a temple complex dedicated to Mata Kamakhya. Singh in his plea has argued that the disputed property, a monument protected by the ASI, has been encroached upon. He has claimed that Fatehpur Sikri, originally called Vijaupur Sikri, was ruled by the Sikarwar dynasty.The case filed in 2024 is pending before Additional Civil Judge, Agra.The matter was listed for hearing this month..9. Quwwat-ul-Islam Mosque: Qutub Minar, New DelhiCase Title: Jitender Singh v UOI Tirthankar and Lord Rishabh Dev Through next friend Hari Shankar Jain v UOI.The suit, filed on behalf of deities Lord Vishnu and Lord Rishabh Dev through their next friends - Advocates Hari Shankar Jain and Ranjana Agnihotri - seeks the restoration of the deities within the complex and the right to perform puja and darshan.It claims that the Quwwat-Ul-Islam mosque, declared a protected monument under Section 3 of the Ancient Monuments Preservation Act, was constructed after demolishing these temples.The Muslim side argues that the Hindu side's suit is fundamentally flawed, as the plaintiff is not a juristic person and thus lacks the legal standing to file the suit in a representative capacity.Two cases filed in 2022 are pending before the District Judge, Saket..10. Kamal Maula Mosque: Bhojshala Complex, Madhya PradeshCase Title: Hindu Front for Justice v Union of India and Ors.A writ petition was filed in the Madhya Pradesh High Court seeking to reclaim the Bhojshala complex for Hindus and prevent Muslims from offering namaaz on its premises. The petitioners also filed an interlocutory application requesting a scientific survey of the site to determine its "true character."The petitioners argued that the ASI should have conducted the survey at the outset when questions arose regarding the complex's nature. They contended that under Section 16 read with Section 21 of the Ancient Monuments and Archaeological Sites and Remains Act, establishing the true character of an ancient monument is essential for the ASI to fulfill its statutory obligations.In response, one of the respondents opposed the suit's maintainability, invoking the principle of res judicata. He pointed out that a similar writ petition had been dismissed by the High Court's principal bench in 2003.The case filed in the year 2022 is pending before Madhya Pradesh High Court.On April 1,2024, the Supreme Court had refused to stay an ASI study to determine the religious character of the Bhojshala complexIn July, the ASI, in a report filed before the Madhya Pradesh High Court, said that its investigation and study has revealed that the existing structure was made from the parts of earlier temples..11. Juma Masjid, Malali Mosque: Mangalore, KarnatakaCase Title: Dhananjay v Jumma Masjid Malalipete.The Vishwa Hindu Parishad (VHP) had filed a plea requesting a survey of the Malali Mosque, similar to the one conducted at the Gyanvapi Mosque, citing a land dispute between Hindus and Muslims. The Hindu side claims that a temple-like structure exists within the mosque premises and seeks verification through a survey. Meanwhile, the Muslim side asserts ownership of the land and opposes the survey.The original suit filed in 2022 is pending before the Civil Judge, Dakshina Kannada, Mangalore.Reportedly, an assistant commissioner’s court in November 2024 dismissed a petition filed by the VHP concerning the survey of the mosque..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.