In a landmark ruling, the Supreme Court of India has ordered the lower courts not to pass any interim order concerning petitions seeking surveys of mosques in cases concerning religious places of worship.
The order was made to prevent any deviation from the general common tradition of conforming judicial practice and avoiding conflicting decisions in other ongoing suits like the Gyanvapi mosque in Varanasi and the Shahi Eidgah in Mathura.
Key Decision Highlights
A bench of the Supreme Court, headed by Chief Justice DY Chandrachud, held that a consistent approach to the administration of justice is important in any matter arising across India.
This prevents lower courts from issuing survey-linked orders in matters pending in any court in India except as per existing legal precedents.
Further, the Court expressed concerns that could unduly influence the entire legal process due to different orders passed by different subordinate courts.
Background on Mosque Surveys
Surveys of mosques have become controversial in several cases involving historic buildings, such as the Gyanvapi Mosque adjacent to the Kashi Vishwanath temple in Varanasi and the Shahi Eidgah linked to the Krishna Janmabhoomi temple of Mathura.
These cases created disputes on various grounds, including historical claims, archaeological surveys, and religious perceptions.
Survey orders had initially allowed the Allahabad High Court in some cases to fan the flames of disputes and petitions challenging such commands.
Implications of the Decision
So the ruling provides relief to the opponents of the surveys, while still upholding the status quo as the higher courts complete their reviews.
It will definitely maintain procedural discipline and avoid disturbances arising by conflicting orders of different subordinate courts.
Recent Updates on Related Cases
In November 2024, the Supreme Court directed a stay on the survey of the Shahi Eidgah mosque by the Archaeological Survey of India (ASI). The postponed decision was necessary to alleviate further tensions and enable a thorough judicial examination of the matter at the highest level.
Uniformity of Judgment
The intervention of the Supreme Court emphasizes the pressing need for a centralized approach in instances involving sensitive issues of religious sites. The Supreme Court effectively stays the decisions made by individual courts, preventing litigation from degenerating into chaos while ensuring that any conclusion arrived at is backed by comprehensive evaluation at the national level.
Looking Ahead
What remains for the courts now are the expectations of the Supreme Court’s proceedings in further hearing of this matter.
Its decisions will not just determine the fate of ongoing cases but will also lay down guidelines for resolving similar disputes in years to come.
