Tight security outside Jama Masjid in Sambhal, a day after violent clashes broke out over a court-ordered mosque survey Photo: Tribhuvan Tiwari Tight security outside Jama Masjid in Sambhal, a day after violent clashes broke out over a court-ordered mosque survey Photo: Tribhuvan Tiwari 
Amid rising tensions over religious structure across India, a writ petition has been filed in the Supreme Court seeking a stop to court-ordered surveys of religious structures.
Arguing that such actions violate the Places of Worship (Special Provisions) Act, 1991, the petitioners, Alok Sharma and Priya Mishra are asking the Court to restrain states from executing orders issued by lower courts for surveys intended to determine if current religious sites were built over places of worship belonging to other religions in past.
The petitioners are spokespersons of the Congress party.
According to a report by Live Law, the petitioners contend that these survey orders are in contravention of the Places of Worship Act, which mandates maintaining the status quo of religious sites as they stood on August 15, 1947.
The petition argues that recent cases, including those involving the Ajmer Sharif Dargah, Sambhal Jama Masjid, and Mathura's Krishna Janmabhoomi-Masjid, are destabilizing the country’s communal harmony.
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The petition further seeks a stay on survey orders issued by courts in such cases.
“The petition appeals to issue instructions to all state governments and the administration of Union Territories that in order to maintain peace and harmony, they should not be in a hurry to comply with the orders of the civil court in such cases. Rather, these cases should be brought before the High Court and the Supreme Court so that the atmosphere in the country does not deteriorate,” Live Law quoted the petitioner.
The petitioners referred to the recent violence in Uttar Pradesh’s Sambhal and said that that these disputes could worsen communal tensions. They have urged the Supreme Court to intervene and direct state governments, High Courts, and trial courts to comply with the Places of Worship Act.
In wake of the ongoing row over Sambhal violence, Congress president Mallikarjun Kharge accused the top BJP leadership on Sunday of attempting to divide the society by holding surveys at every mosque in the country. He alleged that the saffron party is disregarding the advice of Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat.
"We have to remain united at all costs. Modiji is not leaving any stone unturned to harm this unity and trying to divide the society and even castes," Kharge said while addressing a rally organised by a federation of Dalits, minorities, tribals and Other Backward Classes (OBC) at the Ramlila Maidan in Delhi.
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He further questioned whether Bharatiya Janata Party (BJP) leaders will demolish structures, such as the Red Fort, Taj Mahal, Qutub Minar or Char Minar, which were constructed by Muslims.
"A (court) judgment was given, which has opened a Pandora's box in the country. Now, surveys are being conducted everywhere, finding temples underneath mosques. Voices are growing in this regard. But in 2023, RSS leader Mohan Bhagwat had said 'our aim was to construct a Ram temple and we should not find a Shivalay under every masjid'," PTI quoted the Congress chief said.
Referring to the 'Places of Worship Act', he said that a law was enacted in 1991 to maintain the character of religious places in the country and wondered why the BJP is trying to violate that.
Similarly on Saturday, Congress leader Jairam Ramesh also criticized the ruling Bharatiya Janata Party (BJP) for allegedly violating the Places of Worship Act. He said that the Places of Worship (Special Provisions) Act, 1991 is in the news these days because of certain oral observations made in 2022 by then Chief Justice of India D Y Chandrachud that have since opened a “pandora's box.”
In May 2022, during hearings on the Gyanvapi mosque dispute in Varanasi, then-CJI DY Chandrachud noted that the Places of Worship Act does not explicitly prevent the examination of a place’s religious character.
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Jairam Ramesh’s comments, during a Congress Working Committee meeting, followed violent protests in Sambhal and court proceedings in Ajmer, where a petition claims that the revered dargah of Khwaja Moinuddin Chishti was once a Hindu temple.
Ramesh also referenced a speech made by Rajmohan Gandhi during a Rajya Sabha debate in 1991, which emphasized that attempts to “right the wrongs of history” through vengeance would lead only to more destruction. Gandhi's words serve as a cautionary reminder about the dangers of reopening historical wounds.
Last weekbetmaster, the Supreme Court intervened by staying the trial court's survey order for the Sambhal mosque. A bench led by CJI Sanjiv Khanna appealed for peace and harmony and urged the Uttar Pradesh administration to be absolutely neutral.