Supreme Court reserves verdict on plea challenging survey of Sambhal mosque

The Supreme Court on Friday reserved its verdict on a plea filed by the Shahi Jama Masjid Committee at Sambhal challenging a trial court order directing the appointment of an Advocate Commissioner to survey the mosque's premises [Committee Management, Jami Masjid Sambhal v. Hari Shankar Jain & Ors.]. .A Bench of Justices PS Narasimha and Alok Aradhe reserved its decision on the plea challenging the Allahabad High Court's May 2025 decision to uphold the trial court's ex-parte order allowing the survey of the mosque's premises. .The trial court had passed its November 2024 directive in a suit involving allegations that the mosque was constructed over a demolished Hindu temple during the Mughal era. The suit was filed by advocate Hari Shankar Jain and seven others. The civil court order allowing the survey had led to violent clashes in Sambhal.The civil court proceedings are presently on hold as the Supreme Court has passed an order directing courts across India not to pass any effective orders in suits that dispute the religious character of structures, until it decides on the validity of the Places of Worship (Special Provisions) Act of 1991.Meanwhile, the managing committee of the Sambhal mosque filed a plea before the High Court challenging the conduct of any survey. Aggrieved by the High Court's rejection of their plea, the committee had approached the Supreme Court. .Before the top court, the committee contended that the survey was allowed and conducted all within a day, and was followed by another survey with a notice of barely 6 hours. These actions gave rise to widespread communal tensions and threatened the secular and democratic fabric of the nation, it added. It thus urged the Supreme Court to pass directions stating that surveys should not be ordered and executed as a matter of routine in cases involving different communities over places of worship, without hearing the defendants and without allowing sufficient time to the aggrieved persons to seek judicial remedies against the order of survey..During today's hearing before the top court, Additional Solicitor General KM Nataraj, appearing for the State of Uttar Pradesh, said that the State would not want to involve itself in the factual controversy of the matter since it is bound to protect the interests of both religions. He, however, urged the top court not to get into the issues raised by the petitioners (mosque committee) and allow them to be heard by the "appropriate court." "The suit is in a very nascent stage. There is no 7/11 application. Pleadings are not complete. Kindly keep all these issues to be decided in the appropriate stage. The issues need not be gone into at this stage," Nataraj said. Advocate Vishnu Shankar Jain, appearing for the Hindu side, said that alterations had already been made to the mosque as per an Archeological Survey of India (ASI) report and that it was not barred from conversion under any statute. Jain added that in any case, a survey report of the advocate commission would not be prejudicial to either side since it is not final and is ultimately subject to the approval of the court. .Meanwhile, Senior Advocate Huzefa Ahmadi, appearing for the mosque committee argued that the decision to allow the survey was taken ex-parte without any notice to mosque itself. He questioned the need for such a hasty decision by the civil court. He told the Court that neither the State, nor the Hindu side, had responded to this argument throughout the course of the proceedings before the top court. Senior Advocate Nizam Pasha also made submissions today on behalf of the mosque committee. Pasha said that according to a December 2024 order of the Supreme Court, courts across India could not pass any effective orders in suits that dispute the religious character of structures. He argued that the survey order should not have been passed irrespective of whether or not the suit is at a nascent stage. .Ultimately, after hearing both sides, the Court reserved its verdict in the matter. .[Read Live Coverage]