SC order on Places of Worship Act likely to impact pending suits involving religious sites

The Supreme Court on Dec 12 ordered all civil courts not to register fresh suits disputing the existing place of worship. The Court also barred courts from directing surveys of contested religious places until further orders.

A special three-judge bench led by Chief Justice of India (CJI) Sanjiv Khanna also asserted in an interim order that “in pending suits, the courts would not pass any effective interim orders or final orders including orders of the survey till the next date of hearing”.

“Effective interim would mean there will be no order for a survey,” the bench explained.

The Supreme Court’s order assumes significance as it comes in the wake of multiple civil suits pending in trial courts involving mosque-temple disputes.

Some suits that will be impacted after the Supreme Court’s interim order.

Sambhal’s Shahi Jama Masjid

Sambhal witnessed violence last month after a civil judge ordered a survey of the town’s Jama Masjid. During a repeat survey on Nov 24, locals clashed with the police, leading to the death of six people.

This violence occurred after eight petitioners filed a suit on Nov 19 claiming that the mosque was built over the remains of a “Shri Hari Har Temple dedicated to Lord Kalki”, the final avatar of Vishnu.

Following the violence, the Supreme Court stopped the court from proceeding with the suit until the case challenging the survey order was listed before the Allahabad High Court.

Ajmer Sharif Dargah

In September, Hindu Sena chief Vishnu Gupta filed a civil suit claiming there was “historical evidence” of the existence of a Shiva temple at the site of the Ajmer Sharif Dargah.

Ajmer’s West Civil Court admitted the petition in November, issuing notices to the Union Ministry of Minority Affairs, ASI and the Ajmer Dargah Committee. The plaintiff is seeking a survey through the ASI and permission for Hindus to worship at the shrine.

The demand has created an uproar as the famous 13th-century dargah of Sufi mystic Khwaja Moinuddin Chishti attracts devotees of all faiths.

Shahi Idgah Mosque in Mathura

Since 2020, multiple suits have been filed seeking the removal of the Shahi Idgah mosque in UP’s Mathura, claiming it was constructed at the site of the birthplace of Lord Krishna.

As per Indian Express, all pending suits are before the Allahabad High Court now. In August this year, the HC rejected pleas challenging the maintainability of the suits. The mosque committee has moved the Supreme Court challenging this order.

Lucknow’s Teele Wali Masjid

A suit was filed by eight devotees of Lord Sheshnagesht Teeleshwar Mahadev Virajman in 2013, seeking a survey of the Teele Wali Masjid in Lucknow. They claimed the mosque was built after Mughal emperor Aurangzeb demolished a Hindu religious structure, Laxman Teela, at the site.

The Hindu petitioners are seeking the right of worship within the Teele Wali Mosque premises.

The Allahabad High Court has yet to decide on the suit’s maintainability. As per Indian Express, another suit is pending before a civil judge in Lucknow seeking an injunction to allow devotees to offer prayers inside the mosque premises.

Gyanvapi Masjid in Varanasi

The Gyanvapi Mosque in Uttar Pradesh’s Varanasi is another disputed place of worship. In 1991, a suit claiming the mosque was built on the site of the Kashi Vishwanath temple was filed on behalf of the deity Adi Vishweshwar.

The mosque came to the limelight in 2021 when five Hindu women approached a Varanasi civil court asking for it to allow them to offer daily prayers before idols on its outer walls as well as other “visible and invisible deities within the old temple complex”.

The maintainability of the 1991 suit was upheld in 2022.

Last year, upholding the maintainability of the suit filed by the five Hindu devotees, Varanasi’s Court of the District and Sessions Judge directed a survey by the Archaeological Survey of India (ASI). In January this year, the court allowed the Hindu petitioners to offer prayers inside the Vyas Ka Tekhana (sealed basement area) of the Gyanvapi mosque complex, ordering district administration to make appropriate arrangements.

Notably, in May 2022, while hearing an appeal against the Varanasi district court ordering a survey of the Gyanvapi mosque, a bench led by then CJI DY Chandrachud made oral remarks that the Places of Worship Act did not bar “ascertainment of a religious character of a structure as on August 15, 1947”.

This led to at least 10 civil suits being filed in courts with petitioners seeking to determine the “real” character of the place of worship through surveys.

Shamsi Jama Masjid

The Shamsi Jama Masjid in Uttar Pradesh’s Budaun is another mosque that is being disputed.

The Akhil Bharat Hindu Mahasabha filed a suit in 2022 claiming the mosque stood at the site of an ancient Neelkanth Mahadev temple.

The Shamsi Shahi mosque’s intezamia committee has argued the suit is non-maintainable. A fast-track court is hearing arguments about the maintainability of the suit.

After Quwwat-ul-Islam Masjid in Delhi and Adhai Din ka Jhonpra in Rajasthan, this is the third oldest mosque in north India, noted The Hindu.

Delhi’s Quwwat-ul-Islam Masjid

The Quwwat-ul-Islam Masjid in the Qutub Minar complex in Delhi is another religious site facing contestation.

In 2021, a civil judge in Delhi dismissed a suit filed on behalf of the deity Lord Vishnu seeking the restoration of “27 Hindu and Buddhist temples” inside Quwwat-ul-Islam Mosque that was allegedly demolished in 1192 AD to construct the Quwwat-ul-Islam mosque.

Rejecting the suit, the court ruled it was banned by the Places of Worship Act, 1991.

The order has been challenged before an Additional District Judge.

Kamal Maula Masjid in Dhar

The Kamal Maula Masjid at the Bhojshala complex in Madhya Pradesh’s Dhar is claimed by both Hindus and Muslims. The Hindu side claims it is an 11th-century temple dedicated to the goddess Saraswati, while the Muslims say it is a 14th-century mosque constructed by a Khalji ruler.

A petition was filed by the Hindu Front for Justice before the Madhya Pradesh High Court in 2022 objecting to the 2003 ASI order that permitted Muslims to offer namaz inside the Bhojshala complex on Fridays.

In March this year, the High Court directed a “scientific survey” of the complex, with the ASI submitting its report in July, stating that the complex was built using “parts of earlier temples”.

The Supreme Court in April barred excavation that would change the character of the premises.

Some other cases

In 2022, the Vishwa Hindu Parishad filed a suit seeking a survey of the Malali Juma Masjid in Karnataka’s Mangalore, claiming a “temple-like” structure was found beneath the mosque during its renovation.

The trial court will first decide on the maintainability of the suit after the Karnataka High Court’s order in January this year.

A suit claiming that the Atala Mosque in Uttar Pradesh’s Jaunpur was originally an ancient Hindu temple – Atala Devi Mandir – was filed by the Swaraj Vahini Association in May this year.

The plaintiffs also sought possession of the property and an injunction barring non-Hindus from entering the site.

The court of civil judge (junior division) in Jaunpur has reportedly allowed a survey of the mosque. It was to hear a plea on December 16 seeking police security for the court commissioner to carry out the survey.

The registration of the suit has been challenged at the Allahabad High Court.