The Supreme Court on Friday (August 22) directed that status quo be maintained till Monday (August 25) in relation to the proceedings against the Shahi Jama Masjid at Sambhal in Uttar Pradesh. The interim order was passed in response to a plea filed by the Sambhal Mosque Committee challenging the Allahabad High Court’s May 19, 2025 judgment, which had allowed a Hindu plaintiffs’ suit against the mosque to continue despite objections under the Places of Worship (Special Provisions) Act, 1991.

 

A Bench comprising Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar was hearing the mosque committee’s special leave petition.

 

Appearing for the mosque committee, Senior Advocate Huzefa Ahmadi argued that the High Court erred in holding that the plaintiffs’ suit was not barred by the Places of Worship Act, 1991. He submitted that the central question before the Court was whether the trial court proceedings violated the statutory bar on altering or questioning the religious character of places of worship as it existed on August 15, 1947.

 

Justice Narasimha, however, observed whether the matter should be considered alongside the batch of pending challenges to the constitutional validity of the 1991 Act, suggesting the issue may not be isolated to Sambhal alone.

 

On the other hand, Advocate Vishnu Shankar Jain, appearing for the Hindu plaintiffs, contended that the Places of Worship Act did not apply in this case. He argued that the Sambhal mosque is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act), bringing it under the jurisdiction of the Archaeological Survey of India (ASI). According to him, since the plaintiffs were only seeking the right of access to a protected site, and not alteration of its religious character, the statutory bar was inapplicable.

 

Jain also pointed out that another bench of the Supreme Court had passed an order earlier in the day holding that ASI-protected monuments do not fall under the ambit of the Places of Worship Act. The Bench asked him to produce a copy of that order on Monday, noting:

 

 

Accordingly, the Court directed that status quo be maintained until the next hearing.

 

The dispute traces back to a civil suit filed by eight Hindu plaintiffs, including Mahant Rishiraj Giri, claiming that the mosque was built in 1526 after partially demolishing an ancient temple dedicated to Lord Vishnu’s final avatar, Kalki. The plaintiffs sought rights of access and worship at the site, which they described as historically sacred.

 

On November 19, 2024, the trial court had appointed an Advocate Commissioner to carry out a local inspection of the mosque premises. The visit of the Commissioner in November triggered communal disturbances in the area. Following this, the Supreme Court stayed the trial court proceedings until the High Court adjudicated the mosque committee’s objections.

 

The Allahabad High Court, in its May 19, 2025 order, dismissed the mosque committee’s challenge, holding that:

1. The notice under Section 80 CPC (served October 21, 2024) was valid, as no objections were raised by government authorities.

2. The appointment of an Advocate Commissioner under Order XXVI CPC was procedurally valid, even if done without notice to the other side.

3. The 1991 Act did not bar the suit, since the plaintiffs were seeking public access rights under Section 18 of the AMASR Act, rather than alteration of the religious character of the structure.

 

The High Court also noted that the mosque had been declared a protected monument in 1920, and a 1927 agreement between its mutawallis and the Collector of Moradabad confirmed the ASI’s responsibility for its maintenance.

 

With the Supreme Court’s latest direction, the status quo order effectively halts any further proceedings or changes at the Sambhal site until August 25, when the matter will again be considered. The Bench will decide whether to tag this case with the wider challenges to the Places of Worship Act and will review the other bench’s order on ASI monuments before passing further directions.