In a significant ruling, the Supreme Court on Thursday said that no fresh suits can be registered against the Places of Worship act-1991 till the apex court hears the case. The top court also barred all courts nationwide from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs.
The apex court was informed that 18 suits concerning 10 mosques or shrines are currently pending across the country. The court has directed the Centre to submit its affidavit addressing the provisions of the Act, which petitioners claim is unconstitutional and denies the rights of Hindus, Jains, Buddhists, and Sikhs to restore their places of worship destroyed by historical invaders.
The outcome of the case could impact ongoing lawsuits filed by Hindu plaintiffs seeking rights to properties containing Muslim mosques, based on claims that these mosques were constructed over ancient temples.
ALSO READ | ‘No Further Suits To Be Registered Under Places Of Worship Act Till…’: Supreme Court On Mandir-Masjid Cases
The cases include disputes involving the Shahi Jama Masjid in Sambhal, the Gyanvapi Mosque in Varanasi, the Shahi Eidgah Masjid in Mathura, and the Ajmer Dargah in Rajasthan. The special bench was hearing about six petitions, including the lead one filed by lawyer Ashwini Upadhyay, challenging various provisions of the Places of Worship (Special Provisions) Act, 1991.
However, the issue pertains not only to the Shahi Jama Masjid in Sambhal, the Gyanvapi Mosque in Varanasi or the Shahi Eidgah Masjid in Mathura. There have been a recent surge surge in petitions and claims related to mosques, which would also be impacted by the Supreme Court’s ruling on the Places of Worship Act.
Here is a list of religious places of worship that have recently been the centre of contestation, with the Hindu side demanding reclaiming the places.
Jama Masjid and Salim Chishti’s Dargah, Fatehpur Sikri
A civil suit has been filed in an Agra court in May this year, claiming the Jama Masjid and “dargah” of Sufi saint Shaikh Salim Chishti on Fatehpur Sikri’s premises as the site of Mata Kamakhya Devi temple. The petition against the UP Sunni Central Waqf Board, the management committee of Shaikh Salim Chishti dargah and the management committee of Jama Masjid at Fatehpur Sikri, demanded that the ‘encroached site’ should be freed.
ALSO READ | Court Agrees To Hear Petition Claiming Ajmer Dargah As Shiv Temple, Summons Dargah Committee, ASI
Atala Mosque, Jaunpur, UP
The Jaunpur district’s Senior Division Court was scheduled to hear a petition seeking a survey of the Atala Mosque, allegedly built after demolishing the Atala Devi temple. The petition, filed by the Swaraj Vahini Association, seeks permission for Hindus to offer prayers at the site. The petition claims that the Atala Mosque was originally the Atala Devi temple, constructed in the 13th century by Raja Vijay Chandra and later converted into a mosque by Firoz Shah Tughlaq after his conquest of Jaunpur.
Shamsi Jama Masjid, Budaun, UP
The matter over Shamsi Jama Masjid started in 2022 when Mukesh Patel, the then convenor of Akhil Bharat Hindu Mahasabha, claimed that the Neelkanth Mahadev temple existed at the mosque site. The case came into the limelight after the November 24 violence in neighbouring Sambhal after which a court heard the plea of a Hindu outfit, which had sought permission to worship at Jama Masjid Shamsi. The court has asked the Muslim side to complete their arguments by December 10.
ALSO READ | Amid Row Over Sambhal Mosque, UP Court Accepts Petition Against Shamsi Shahi Masjid In Budaun
Tila Wali Masjid, Lucknow
The controversy over the mosque stems from the claim from the Hindu side asserting its rights over the area known as Lakshman Tila. The Hindu side claims that the ‘Lakshman Tila’ was situated in the same place the mosque currently stands, and was destroyed by the Mughals.
Kamal Maula Masjid, Dhar, Madhya Pradesh
The 13th century Bhojshala-Kamal Maula mosque complex in Dhar district is claimed by both Hindus and Muslims. While Hindus call it Vagdevi temple, Muslims claim it Kamal Maula Masjid, built by a Khalji ruler in the 14th century. According to a report in India Today, the structure is open for Hindus to pray at on Tuesdays and on Basant Panchami while Muslims are allowed to offer prayers on Friday.
Ajmer Sharif Dargah, Rajasthan
A lower court in Ajmer last month accepted a petition claiming that the mausoleum of Sufi saint Khwaja Moinuddin Chishti is a Shiva temple. The court has admitted the petition, filed by the Hindu Sena, for hearing and kept the date of the next hearing on December 20. The Hindu Sena has claimed that the Ajmer dargah was built over a Shiva temple.
ALSO READ | Atala Mosque: Hindu Petitioners Seek Survey Claiming Demolition Of Temple, Jaunpur Court To Pronounce Order THIS Date
Baba Budangiri Dargah, Chikkamagaluru, Karnataka
The Hindutva groups have been demanding that the cave shrine atop Baba Budangiri be declared a Hindu place of worship. Baba Budangiri, dubbed the “Ayodhya of the South,” has long been a pilgrimage site for both Hindus and Muslims. While the Hindus believe that the hill is the final resting place of Lord Dattatreya, the Muslim side considers it to be one of the earliest centres of Sufism in South India.
Qutub Minar, Delhi
The controversy over Qutb Minar erupted after Archaeological Survey of India’s (ASI) former regional director Dharamveer Sharma claimed that the 12th century structure was constructed by Hindu emperor Raja Vikramaditya and not by Qutub al-Din Aibak, to study the direction of the sun. It was further claimed that idols of Hindu deities had been found in the complex and the Quwwat-ul-Islam mosque was built with materials obtained after destroying 27 Hindu and Jain temples.
Jumma Masjid, Mangaluru, Karnataka
The controversy over the mosque is between the Hindus and Muslims over the land. While the Hindus claim that a temple line structure was found inside the masjid and demanded a survey, the Muslims claimed that it was their land. In 2022, a Karnataka Court accepted the petition of the VHP to conduct a survey of the Mosque and dismissed the petition filed by the Mosque management board.
Gyanvapi Mosque, Varanasi
The Gyanvapi Mosque in Varanasi has been a subject of extensive legal and historical debate as Hindu groups claim that the mosque was built atop a demolished portion of the Kashi Vishwanath temple. The mosque is located close to the Kashi Vishwanath temple and the current judicial proceedings started after a group of women sought permission for daily prayers before the idols on its outer walls. Last year, the Varanasi district court directed the ASI to conduct a “detailed scientific survey” to determine if the mosque located next to the Kashi Vishwanath temple was built upon a temple.
Shahi Eidgah Mosque, Mathura
In August this year, the Allahabad High Court rejected the plea challenging the maintainability of 18 cases related to the temple-mosque dispute in Mathura, and ruled that the “religious character” of Shahi Idgah needs to be determined. The Hindu side claims the premises hold signs suggesting that a temple once existed at the site. It also requested the high court to conduct the original trial like it had done in the Babri Masjid-Ram Janmabhoomi title dispute.
Jama Masjid, Sambhal
Sambhal witnessed violence on November 24 during a court-ordered survey of the Mughal-era Shahi Jama Masjid in the Kot Garvi area of the city. Four people were killed and several were injured in the confrontation. The violence unfolded after a petition was filed by Hari Shanker Jain and others in the civil court of the district claiming that the 16th Century Jama Masjid in Sambhal was built at the site of an ancient Hari Har Mandir. The court had ordered an ASI survey on November 19, which was protested by local Muslims and snowballed into violence.
