The Indore bench of the Madhya Pradesh high court on Friday held that the disputed Bhojshala Temple-Kamal Maula Mosque complex in Dhar district is a temple dedicated to Goddess Saraswati, and that the statutory freeze imposed by the Places of Worship Act, 1991 would not apply since the site is a protected ancient monument governed by a different law.
Section 4 of the 1991 Places of Worship Act law says that the religious character of a holy site “shall continue to be the same as it existed” as it was on August 15, 1947, the day of independence. The only exception, under Section 5, said: “…nothing contained in this act shall apply to the place or place of worship commonly known as Ram Janma Bhoomi-Babri Masjid situated in Ayodhya.” Here’s a look at key cases under litigation in the context of the Act.
Gyanvapi Mosque case (Varanasi)
The Gyanvapi mosque, situated close to Kashi Vishwanath Temple, dispute stems from claims by Hindu devotees that the mosque was built atop a pre-existing Hindu temple.
A civil revision petition filed by Rakhi Singh, challenging the Varanasi District Judge’s order dated October 21, 2023 refusing to direct the Archaeological Survey of India (ASI) to survey the Wazukhana area except for the ‘Shiva Linga inside the Gyanvapi Mosque. In the revision petition, it has been said that the ASI survey of the “wazukhana” area is necessary so that the religious character of the entire property could be determined. The case was first heard on January 24, 2024 and next date of hearing is July 20, 2026.
Five women, including Rakhi Singh, Rekha Pathak, Sita Sahu, Laxmi Devi, Manju Vyas, in August 2021, filed the suit: Rakhi Singh and others vs State of U.P. and others, (the Shringar Gauri-Gyanvapi case), seeking permission of daily worship at Maa Shringar Gauri Sthal in Gyanvapi complex. The case was filed in the court of civil judge senior division in August 2021. In April 2023, by the order of the court of the district judge, it was transferred to the court of the district judge, Varanasi. The case is pending there.
Seven related cases were also transferred to the court of the district judge, from the civil judge senior division court in April 2023 by the order of district judge. Presently, all these cases are pending before the district court.
Krishna Janmabhoomi-Shahi Idgah Case (Mathura)
The High Court is hearing cases regarding the 13.37-acre land of Katra Keshav Dev Temple, seeking the removal of the 17th-century Shahi Idgah mosque. At least 18 suits for possession of land after removal of Shahi Idgah Masjid as well as for restoration of the temple and for permanent injunction are pending before the high court. The case was first heard on October 18, 2023 and the next hearing date is not available.
Files and records of 16 cases related to Sri Krishna Janmabhoomi issue, pending before different courts in Mathura were transferred to Allahabad High Court in June 2023. The Muslim side, contesting the cases had raised plea of Places of Worship Act in these cases which are now being heard by High Court at Allahabad.
The Sambhal Shahi Masjid dispute
The dispute over the Shahi Jama Masjid began in November 2024 when eight Hindu petitioners approached a civil court in Chandausi, claiming the mosque was originally a Harihar Temple dedicated to Lord Kalki. The petition, led by Hari Shankar Jain, alleged that the temple was demolished during Mughal emperor Babur’s reign and sought a court-monitored survey, videography, and archaeological examination of the site.
The court admitted the plea and ordered a survey on the same day, triggering controversy, protests, and political reactions amid concerns over rising communal tensions. While supporters argued the survey was necessary to uncover historical facts, mosque authorities and Muslim groups opposed it, citing the Places of Worship Act, 1991. The matter remains under judicial consideration.
On November 24, violence erupted during a second survey as protesters gathered near the mosque, believed to have been built in 1529, and clashed with police personnel, leading to stone pelting and arson. Five died in the incident and dozens including police personnel were injured.
Malali mosque dispute (Mangaluru)
The dispute surrounding the Assayed Abdullahi Madani Mosque in Malali village emerged in April and May 2022 after renovation work uncovered carved wooden and stone structures that some Hindu organisations said resembled temple architecture. Hindu petitioners sought a court-monitored survey of the mosque premises. Mosque authorities opposed the plea, arguing that Section 4 of the Places of Worship (Special Provisions) Act, 1991 barred any inquiry into the site’s pre-1947 religious character. A local court permitted survey-related proceedings in 2022. The maintainability of the suit remains under challenge.
Idgah Maidan dispute (Hubballi)
The Idgah Maidan dispute in Hubballi surfaced on August 30, 2022 after the Hubballi-Dharwad Municipal Corporation permitted Ganesh Chaturthi celebrations at the ground. Anjuman-e-Islam challenged the decision, contending that the site functioned as a protected Islamic prayer space. The Karnataka High Court rejected the argument and held that the land is a public ground. The court ruled that the site was not an exclusive religious property protected under the Places of Worship Act.
