The Supreme Court on December 12, 2024, issued a nationwide directive barring civil courts from registering fresh suits or passing orders in pending cases seeking the survey of mosques to ascertain whether temple structures lie beneath them. A Bench headed by Chief Justice of India Sanjiv Khanna issued the freeze order while hearing a batch of petitions questioning the validity of the Places of Worship (Special Provisions) Act, 1991 (1991 Act) — a statute which preserves the character of religious places as they existed on August 15, 1947.
Despite the law, a surge of petitions seeking the redetermination of the character of places of worship have surfaced across the country, with a bulk of them in Uttar Pradesh.
Here’s a look at the suits concerning religious shrines pending in various civil courts.
Gyanvapi mosque in Varanasi, Uttar Pradesh
A view of the Gyanvapi Mosque next to the Kashi Vishwanath temple complex at Varanasi, Uttar Pradesh
| Photo Credit:
R.V. Moorthy
Case title: Rakhi Singh v. State of Uttar Pradesh & Ors and other connected petitions
The dispute over the Gyanvapi Masjid spans several decades. Hindu groups claim that the mosque was built atop the remnants of the Kashi Vishwanath Temple, which Mughal emperor Aurangzeb allegedly demolished in the 17th century. In 1991, a suit was filed on behalf of the deity Adi Vishweshwar demanding the removal of Muslims from the complex and the restoration of the temple.
In 2021, five Hindu women approached a Varanasi district court seeking permission to worship religious idols purportedly located within the Gyanvapi mosque. In July 2023, the court ordered the Archaeological Survey of India (ASI) to conduct an extensive survey of the mosque to ascertain its antecedents. Subsequently, it concluded that a large Hindu temple existed before the construction of the mosque. On January 31, 2024, the Varanasi district judge allowed Hindus to offer prayers at the southern cellar of the Gyanvapi Masjid. A petition moved by the Gyanvapi Masjid Committee seeking the implementation of the 1991 Act is currently pending before the Supreme Court.
Shahi Eidgah mosque in Mathura, Uttar Pradesh
security person keeps vigil at Sri Krishna Janambhoomi temple and Shahi Eidgah mosque on the anniversary of Babri mosque demolition in Mathura. File.
| Photo Credit:
PTI
Case title: Bhagwan Shrikrishna Virajman at Katra Keshav Dev & Ors v. UP Sunni Central Waqf Board & Ors
Multiple suits concerning the Krishna Janmabhoomi-Shahi Eidgah land dispute are pending before various courts in Mathura. A common demand in these cases is the removal of the mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple claiming that it was built at the site of the birthplace of Lord Krishna. In 2020, a group of Hindu petitioners sought to annul a 1968 compromise between the mosque committee and the Shri Krishna Janmasthan Seva Sangh, which had allowed the mosque to remain at its current location.
On May 26, 2023, the Allahabad High Court transferred to itself 18 petitions related to the dispute pending across various courts in Mathura. Subsequently, on December 14, 2023, the High Court ordered a court-monitored survey of the Eidgah complex to assess the historical claims made by both sides. It also appointed an advocate-commissioner to oversee the survey of the mosque. However, the Supreme Court stayed the High Court’s order, noting that the Hindu side’s plea for the survey was very “vague”.
Teele Wali Masjid in Lucknow, Uttar Pradesh
Photo: Wikimedia Commons
Case title: Lord Sheshnagesht Teeleshwar Mahadev Virajman Ors. v. Union of India & Ors
In 2013, eight devotees of Lord Sheshnageshwar Teeleshwar Mahadev Virajman filed a suit, claiming that the Teele Wali mosque was constructed during the reign of Mughal emperor Aurangzeb by demolishing a pre-existing Hindu temple or religious structure known as Laxman Teela. The petitioners have also sought a court-appointed Commissioner to conduct a survey of the mosque. 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. The district court has fixed March 15, 2025, as the next date of hearing.
Shahi Jama Masjid in Sambhal, Uttar Pradesh
State police personnel deployed outside the Shahi Jama Masjid following religious violence in Sambhal on November 25, 2024.
| Photo Credit:
afp
Case title: Hari Shankar Jain v. Union of India & Ors
On November 19, 2024, eight petitioners including advocate Hari Shankar Jain instituted a suit in a local court in Sambhal claiming that the Shahi Jama Masjid was built over a Hari Har Mandir that Mughal emperor Babur allegedly demolished in 1529. Within hours, the court ordered the appointment of an advocate commissioner to survey the mosque, which was promptly executed that evening. However, a second round of the survey on November 24 incited violence, resulting in four fatalities.
On November 29, 2024, the Supreme Court intervened and directed the trial court to defer proceedings until the Allahabad High Court hears an appeal by the mosque management committee challenging the survey. Meanwhile, two public interest litigations (PILs) remain pending before the High Court, seeking action against police and State officials for their handling of the unrest.
Dargah Sharif in Ajmer, Rajasthan
People outside the Ajmer Sharif Dargah, Shrine of Moinuddin Chishti, in Ajmer, Rajasthan, on November 28, 2024.
| Photo Credit:
PTI
Case title: Bhagwan Shri Sankatmochan Mahadev Virajman & Ors v. Dargah Committee Khawaja Sahab & Ors
In September 2024, a civil suit was instituted by Hindu Sena Chief Vishnu Gupta claiming there was evidence of a temple dedicated to Lord Shiva at the site of the Ajmer Sharif Dargah. He has also sought an ASI-led survey of the site to establish its historical and religious origins. The suit further demands the reconstruction of the Bhagwan Shri Sankatmochan Mahadev temple on the disputed property. On November 27, a Civil Judge in Ajmer West issued notices to the Union Ministry of Minority Affairs, the ASI, and the Ajmer Dargah Committee in connection with the suit.
Shamsi Jama Masjid in Budaun, Uttar Pradesh
Photo: Wikimedia Commons
Case title: Bhagwan Shri Neelkanth Mahadev Mahakal (Ishan Shiv Mandir) v. Inrzamiya Committee tathakathit Jamiya Masjid (Jama Masjid Shamshi)
In September 2022, the Akhil Bharat Hindu Mahasabha filed a suit claiming that the Jama Masjid in Badaun is a Neelkanth Mahadev temple that was destroyed and converted into a mosque. The suit claims that the mosque was constructed by Sufi saint Badshah Sahamshuddin Altamash, a 13th-century pre-Mughal Muslim ruler of north India, after demolishing the temple. A fast-track court in Budaun is currently hearing arguments on the maintainability of the suit along with an application seeking a survey of the site. The case will next be heard on December 17.
Also Read: Timeline: Babri Masjid-Ram Janmabhoomi dispute
Atala Masjid in Jaunpur, Uttar Pradesh
Photo: Wikimedia Commons
Case title: Swaraj Vahini Association Bhadkhil Tehsil Madiahu Dist Jaunour Jariye Santosh Kumar v Peace Committee Jama Masjid (Atala Masjid) Bajriye Committee Sadar
In May 2024, the Swaraj Vahini Association, and Santosh Kumar Mishra (a local resident) filed a petition in a local court in Jaunpur seeking a declaration that the 14th-century mosque should be recognised as the “Atala Devi Mandir”. The petition contends that “followers of the Sanatan religion” have the right to worship at the site. Additionally, the petitioners have requested that the court grant them possession of the property and issue a mandatory injunction to prevent non-Hindus from entering the premises.
A survey has been ordered, and the court of civil judge (junior division) in Jaunpur is scheduled to hear a plea to provide security to the surveying authority on December 16. Meanwhile, the management committee of the mosque has moved a petition before the Allahabad High Court challenging the registration of the suit.
Kamal Moula mosque at the Bhojshala complex in Dhar, Madhya Pradesh
Photo: Wikimedia Commons
Case title: Hindu Front for Justice v. Union of India and Ors
A writ petition was filed in the Madhya Pradesh High Court seeking the reclamation of the Bhojshala complex for Hindus and requesting the prohibition of Muslim prayers (namaaz) on its premises. The petitioners also submitted an interlocutory application seeking a scientific survey of the site to ascertain its “true character.” In March 2024, the High Court ordered the ASI to conduct a “scientific survey” of the complex. On April 1, 2024, the Supreme Court refused to halt the ASI survey stressing that the monument needed to be ‘demystified and freed from the shackles of confusion’.
Also Read: What is the Bhojshala-Kamal Maula complex dispute? | Explained
In July, 2024, the ASI submitted its findings to the High Court which stated that the existing structure of the Bhojshala complex was constructed using parts of earlier temples.
Quwwat-ul-Islam Mosque at the Qutub Minar complex in Delhi
Photo: Wikimedia Commons
Case title: Jitender Singh v. Union of India Tirthankar and Lord Rishabh Dev Through next friend Hari Shankar Jain v. Union of India
In 2020, a suit was filed on behalf of the deity Lord Vishnu, seeking the restoration of Hindu and Jain deities inside the Quwwat-ul-Islam Mosque, located within the Qutub Minar complex in Mehrauli. The petition claimed that 27 Hindu and Jain temples were destroyed to construct the mosque. In 2021, a Civil Judge in Delhi rejected the suit, ruling that it was barred by the provisions of the 1991 Act. A challenge to this order is currently pending before an Additional District Judge.
Malali Juma Masjid in Mangalore, Karnataka
Photo: ANI
Case title: Dhananjay v. Jumma Masjid Malalipete
In 2022, the Vishwa Hindu Parishad filed a suit claiming that a “temple-like” structure was discovered beneath the mosque during renovations. The suit requested a survey of the premises to further investigate the findings. On January 31, 2024, the Karnataka High Court directed the trial court to first determine the maintainability of the suits.
Jami Masjid and dargah of Shaikh Salim Chishti at Fatehpur Sikri, Uttar Pradesh
Jami Masjid, Fatehpur Sikri
Case title: Shri Bhagwan Shri Kamakhya Mata Alias Kamakhya Devi v. UP Sunni Central Waqf Board & Ors
A suit has been filed by Ajay Pratap Singh of the Kshatriya Shaktipeeth Vikas Trust, claiming that the Dargah of Sheikh Salim Chishti and the Jami Masjid premises were originally part of a temple complex dedicated to Mata Kamakhya. The suit further alleges that Krishna idols were brought from the Sri Krishna Janmabhoomi site in Mathura and buried under the stairs of the mosque. A local court in Agra is scheduled to hear an application on December 23, 2024, seeking a survey of the mosque premises.
Tomb of Salim Chisti, Fatehpur Sikri. Photo: Wikimedia Commons
Published – December 15, 2024 08:39 pm IST
