SC reserves order on challenge to survey at Sambhal mosque

On Friday, the Supreme Court reserved its order on a petition filed by the Sambhal Jama Masjid committee, challenging a survey of the mosque conducted by a trial court. The suit was filed in 2024 by Hindu plaintiffs who argue that the site was once a temple. The Allahabad High Court had previously upheld the survey in May 2025, to which the Masjid committee appealed to the Supreme Court.

A bench consisting of justices PS Narasimha and Alok Aradhe heard arguments from all parties, including the Uttar Pradesh government which maintained a neutral position.

The violence that erupted near the Shahi Jama Masjid on November 24, 2024, during protests against the survey, resulted in at least four deaths and numerous injuries. The Masjid committee, led by senior advocate Huzefa Ahmadi, contended that the suit is invalid under the Places of Worship (Special Provisions) Act, 1991, which preserves the character of a place of worship as it existed on August 15, 1947. The act does not allow for a change in the religious character of the site.

The Uttar Pradesh government argued that the suit is still in its early stages and that the state has no desire to delve into the case's merits, as it is obligated to protect the interests of both Hindu and Muslim parties. Additional Solicitor General KM Nataraj stated that the bar on further proceedings in the suit will only be lifted if the suit seeks to convert the place of worship.

The Hindu side, represented by advocate Vishnu Shankar Jain, disagreed with the appeal. Jain argued that the structure has been a protected monument since 1920 and that the 1991 Act does not apply to such monuments. Jain referenced the Bhojshala case, where the Madhya Pradesh High Court ruled that the site was a Goddess Vagdevi temple. Jain claimed that the Supreme Court's decision in the Bhojshala case indicated that the High Court would examine whether the 1991 Act's prohibition would apply in such cases.