A local court in Uttar Pradesh’s Jaunpur district has refused to grant permission for an Amin survey of the 14th-century Atala Mosque, citing an interim order from the Supreme Court of India.
The decision, announced on Tuesday, reinforces the apex court’s directive barring lower courts from passing any interim or final orders, including those related to surveys, on matters concerning places of worship.
The operative part of the order, issued by Civil Judge (Junior Division) Sudha Sharma, emphasized strict adherence to the Supreme Court’s instructions.
“As the Hon’ble Supreme Court has directed that till the next date of hearing in the pending suits, no court will pass any effective interim orders or final order, including orders directing surveys,” the order read. It further added, “Any hearing on 17C / orders on 17C as the police aid for Amin writ will not be passed by this court till the further Supreme Court directions. Office to not issue any Amin writ. Strict compliance of the order of the Hon’ble Supreme Court be made.”
The Supreme Court’s interim order, passed on December 12, 2024, was issued by a special bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Viswanathan. The order seeks to maintain the status quo on places of worship amid ongoing debates over the Places of Worship Act, 1991. The Act prohibits any change in the religious character of places of worship as it stood on August 15, 1947.
The Supreme Court’s directive stated, “As the matter is sub-judice before this Court, we deem it appropriate to direct that while suits may be filed, no suits would be registered and proceedings undertaken till further orders of this Court. We also direct that in the pending suits, the Courts would not pass any effective interim orders or final orders, including orders of survey till the next date of hearing.”
Notably, while the apex court’s order prevents lower courts from passing orders for surveys, it does not stay proceedings in suits currently pending against places of worship. The Supreme Court has also asked the Union Government to file its counter-affidavit on petitions challenging the constitutional validity of the Places of Worship Act within four weeks. The next hearing on the matter is scheduled for February 19, 2025.
In light of these developments, Civil Judge Sudha Sharma has posted the next hearing on the Atala Mosque case for March 2, 2025, allowing time for the Supreme Court’s decision on the broader constitutional issues at play.
The dispute over the Atala Mosque stems from a suit filed by the Swaraj Vahini Association (SVA) and an individual, Santosh Kumar Mishra. The suit seeks a declaration that the site is ‘Atala Devi Mandir’ and claims that followers of the Hindu religion have the right to worship there.