The Indore bench of the Madhya Pradesh High Court on Friday decided that the disputed Bhoshala temple-Kamal Maula mosque complex in Dhar district is a temple dedicated to Goddess Saraswati, and that the legal moratorium imposed by the Places of Worship Act, 1991 will not apply as the site is a protected ancient monument governed by a different law.
Section 4 of the Places of Worship Act 1991 states that the religious character of a holy site “shall remain as it was” on 15 August 1947, Independence Day. The only exception, under Section 5, said: “…nothing contained in this Act shall apply to the place or place of worship known as the Ram Janma Bhoomi Babri Mosque situated in Ayodhya.” Below is a look at the key issues in litigation in the context of law.
Gyanvapi Mosque Case (Varanasi)
Gyanvapi Mosque, located near the Kashi Vishwanath Temple, the dispute stems from claims by Hindu devotees that the mosque was built over a pre-existing Hindu temple.
A civil review petition has been filed by Rakhi Singh challenging the Varanasi District Magistrate’s order dated October 21, 2023 refusing to direct the Archaeological Survey of India (ASI) to survey the Wazukhana area excluding the ‘Shiva Linga’ inside the Gyanvapi Mosque. It was said in the review petition that an ASI survey of the ‘Wazukhana’ area is necessary so that the religious character of the entire property can be determined. The case was first heard on January 24, 2024 and the next hearing date is July 20, 2026.
Five women, including Rakhi Singh, Rekha Pathak, Sita Sahu, Lakshmi Devi and Manju Vyas, filed the case in August 2021: Rakhi Singh and others v. State of UP and others, (Shringar Gauri-Gyanvapi case), seeking permission for daily worship at the Maa Shringar Gauri Sthal in the Gyanvapi complex. The case was transferred to the Court of First Class Civil Judges in August 2021. In April 2023, by order of the District Judge’s Court, it was transferred to the Court of District Judge Varanasi. The case is pending there.
Seven related cases were also transferred to the District Judge’s Court from the First Instance Civil Judge’s Court in April 2023 by order of the District Judge. At present, all these cases are pending before the local court.
Krishna Janmabhoomi-Shahi Idgah Case (Mathura)
The Supreme Court is hearing cases related to the 13.37-acre Katra Keshav Dev Temple land, seeking demolition of the 17th-century Shahi Idgah Mosque. At least 18 lawsuits for land acquisition after demolition of Shahi Idgah Mosque as well as for restoration of the temple and issuance of permanent injunction are pending before the Supreme Court. The case was first heard on October 18, 2023, and a date for the next hearing is not available.
The files and records of 16 cases related to the Sri Krishna Janmabhoomi case, pending before various courts in Mathura, were transferred to the Allahabad High Court in June 2023. The Muslim side, which is challenging the cases, has filed a Places of Worship Act petition in these cases which are now being heard by the Allahabad High Court.
Sambhal Shahi Mosque dispute
The dispute over the Shahi Jama Masjid began in November 2024 when eight Hindu petitioners approached a civil court in Chandausi, alleging that the mosque was originally a Harihar temple dedicated to Lord Kalki. The petition, led by Hari Shankar Jain, claimed that the temple was demolished during the reign of Mughal Emperor Babur and sought a court-monitored survey, videography and archaeological examination of the site.
The court accepted the petition and ordered a survey to be conducted on the same day, sparking controversy, protests and political backlash amid fears of escalating sectarian tensions. While supporters said the survey was necessary to uncover historical facts, mosque authorities and Islamic groups opposed it, citing the Places of Worship Law of 1991. The matter is still under judicial consideration.
On November 24, violence erupted during a second sweep when protesters gathered near the mosque, believed to have been built in 1529, and clashed with police, leading to stone-throwing and arson. Five people were killed in the accident and dozens were injured, including police officers.
Mullah Mosque Dispute (Mangaluru)
The dispute surrounding the Sayyed Abdullah Madani Mosque in Malali village came to light in April and May 2022 after renovation work revealed carved wooden and stone structures that some Hindu organizations said resembled temple architecture. The Hindu petitioners sought a court-monitored survey of the mosque premises. The mosque authorities opposed this petition, arguing that Section 4 of the Places of Worship (Special Provisions) Act 1991 prevents any investigation into the religious character of the site before 1947. A local court allowed proceedings relating to the survey in 2022. The maintainability of the claim remains to be challenged.
A dispute erupts in the field of Habali
The Idgah Maidan dispute in Hubballi came to light on August 30, 2022 after the Hubballi-Dharwad Municipal Corporation allowed Ganesh Chaturthi celebrations on the ground. Anjuman-e-Islam objected to the decision, arguing that the site served as a protected place for Islamic prayer. The Karnataka High Court rejected the argument and held that the land was public land. The court ruled that the site was not an exclusive religious property protected under the Places of Worship Act.
