Premium

10 pending suits in mosque-temple disputes, from Sambhal to Mathura

The Bench was hearing petitions challenging the constitutional validity of the Places of Worship Act of 1991 when it ordered that no fresh cases of this nature can be filed.

The Kashi Vishwanath Mandir in Varanasi, with the Gyanvapi Masjid next to it.The Kashi Vishwanath Mandir in Varanasi, with the Gyanvapi Masjid next to it. (Express Photo by Anand Singh)

The Supreme Court on Thursday (December 12) barred civil courts across the country from registering fresh suits challenging the ownership and title of any place of worship, and from ordering surveys of disputed religious places until further orders.

The Bench headed by Chief Justice of India Sanjiv Khanna also directed that “in pending suits, the courts would not pass any effective interim orders or final orders including orders of survey till the next date of hearing”.

Also comprising Justices P V Sanjay Kumar and K V Viswanathan, the Bench was hearing petitions challenging the constitutional validity of the Places of Worship Act, 1991. Brought in the wake of the Ayodhya movement, the law prohibits conversion of any place of worship and provides for the maintenance of the religious character of places of worship as it existed on August 15, 1947.

Only the Ram Janmabhoomi-Babri Masjid dispute was kept out of the purview of the law since the case was already sub judice. Here is a list of 10 pending suits on mosque-temple disputes.

  1. 01

    Gyanvapi Mosque in Varanasi, UP

    Gyanvapi Express Photo by Renuka Puri

    The Case: In 1991, a suit was filed on behalf of the Deity Adi Vishweshwar claiming the mosque was built on the site of the Kashi Vishwanath temple. In 2021 five Hindu women filed a suit before a Varanasi Civil Court seeking permission to worship religious idols that were allegedly located inside the Gyanvapi mosque.

    Status: The Court of the District and Sessions Judge, Varanasi ordered an ASI survey and upheld the maintainability of the suit filed by the devotees in 2023. In January 2024, the court directed appropriate arrangements be made to allow worship in the basement of the Gyanvapi complex. The maintainability of the 1991 suit was also upheld in 2022.

  2. 02

    Shahi Idgah Mosque in Mathura, UP

    Shahi Idgah Mathura Express Photo by Apurva Vishwanath

    The Case: Several suits have been filed since 2020 seeking the removal of the Shahi Idgah Mosque in Mathura, claiming that it was built at the site of the birthplace of Lord Krishna. The suits also question the validity of the 1968 ‘compromise agreement’ which allowed both places of worship, the mosque and a new temple, to co-exist.

    Status: The Allahabad High Court in May 2023 transferred all the pending suits to itself. The High Court rejected pleas challenging the maintainability of the suits in August 2024. The mosque committee has since approached the SC challenging this order.

  3. 03

    Teele Wali Masjid in Lucknow, UP

    Teele Wali Masjid Wikimedia Commons

    The Case: In 2013, a suit was filed by eight devotees of Lord Sheshnagesht Teeleshwar Mahadev Virajman seeking a survey of the Teele Wali Masjid at Laxman Teela, Lucknow, claiming that it was constructed after Mughal ruler Aurangazeb demolished a Hindu temple at the site.

    Status: The case of the maintainability of the suit is pending before the Allahabad High Court. Another suit seeking an injunction to allow devotees to offer prayers inside the mosque premises is pending before a Civil Judge in Lucknow.

  4. 04

    Shahi Jama Masjid in Sambhal, UP

    Sambhal Archives Express Photo by Gajendra Yadav

    The Case: Eight petitioners including advocate Hari Shankar Jain filed a suit on November 19 claiming that the Jama Masjid was built over the remains of a “Shri Hari Har Temple dedicated to Lord Kalki”, and that the public has a right to access it under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

    Status: Within hours a Civil Judge (Senior Division), Sambhal ordered a survey, triggering violence in Sambhal as a team of surveyors approached the structure. The SC on November 29 ordered the court not to proceed with the suit until the case challenging the survey order was listed before the Allahabad HC.

  5. 05

    Dargah Sharif in Ajmer, Rajasthan

    Ajmer Dargah Wikimedia Wikimedia Commons

    The Case: A civil suit was filed by Hindu Sena Chief Vishnu Gupta in September 2024 claiming there was evidence of a temple dedicated to Lord Shiva at the site of the Ajmer Sharif Dargah.

    Status: A Civil Judge, Ajmer West issued notices to the Union Ministry of Minority Affairs, the ASI, and the Ajmer Dargah Committee on November 27.

  6. 06

    Shamsi Jama Masjid in Budaun, UP

    Jama Masjid Shamsi Badaun Wikimedia Wikimedia Commons

    The Case: A suit was filed in 2022 by the Akhil Bharat Hindu Mahasabha claiming that a temple to Neelkanth Mahadev originally stood at the site. The petitioners are seeking permission to offer prayers at the site.

    Status: An application has been filed seeking a survey of the site. A fast-track court in Budaun is currently hearing arguments on the maintainability of the suit.

  7. 07

    Atala Mosque in Jaunpur, UP

    Atala Masjid Jaunpur Wikimedia Wikimedia Commons

    The Case: The Swaraj Vahini Association filed a suit in May 2024 seeking a declaration that an ancient temple dedicated to Atala Devi originally existed on the site, as well as the possession of the property, and an injunction restraining non-Hindus from entering the site.

    Status: A survey has been ordered, and the Jaunpur district court was scheduled to hear a plea to provide security to the surveying authority on December 16. A petition has been filed at the Allahabad HC challenging the registration of the suit.

  8. 08

    Kamal Moula Mosque at the Bhojshala complex in Dhar, MP

    Bhojshala Wikimedia Wikimedia Commons

    The Case: The Hindu Front for Justice filed a petition before the Madhya Pradesh HC in 2022 challenging a 2003 ASI order allowing Muslims to offer namaz inside the Bhojshala complex on Fridays.

    Status: In March 2024, the HC ordered a “scientific survey” of the complex. In April the Supreme Court ordered that no excavation which changes the character of the premises should take place. The ASI submitted its report in July and stated that the complex was built using “parts of earlier temples”.

  9. 09

    Quwwat-ul-Islam Mosque at the Qutub Minar complex in Delhi

    Quwwat ul Wikimedia Wikimedia Commons

    The Case: In 2020, a suit was filed on behalf of the deity Lord Vishnu seeking the restoration of Hindu and Jain deities inside Quwwat-ul-Islam Mosque located inside the Qutub Minar complex in Mehrauli, claiming that 27 Hindu and Jain temples were destroyed to construct the mosque.

    Status: A Civil Judge in Delhi rejected the suit in 2021 stating it was barred by the provisions of the Places of Worship Act, 1991. A challenge to this order is pending before an Additional District Judge.

  10. 10

    Malali Juma Masjid in Mangalore, Karnataka

    Mangalore Mosque Express Photo

    The Case: A suit was filed in 2022 by the Vishwa Hindu Parishad, claiming a “temple like” structure was found beneath the Mosque while it was being renovated, and requested a survey of the premises.

    Status: On January 31, 2024 the Karnataka High Court ordered the trial court to first decide on the maintainability of the suits.

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement