Sambhal mosque row: Allahabad HC dismisses Shahi Jama Masjid committee plea against survey

Prayagraj/Sambhal, UP: The Allahabad High Court on Monday dismissed the plea filed by the Shahi Jama Masjid committee challenging a survey ordered by the civil court in the ongoing dispute between the Shahi Jama Masjid and the Harihar Temple in Sambhal.

The high court upheld the civil court’s order to appoint a commissioner for the survey, stating that the suit and the survey directive were maintainable. The mosque committee had opposed the November 19, 2024 order by the civil judge, which had authorised a survey of the Mughal-era mosque on the same day. The committee also objected to a second survey conducted on November 24, arguing it was illegal as no order was passed by the court for it.

Justice Rohit Ranjan Agarwal noted that this case does not involve conversion or change in the religious character of the place of worship. Instead, it concerns the right to access a protected monument declared under Section 18 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The court rejected the mosque committee’s argument that the dispute had been settled in 1877, explaining that the 1877 ruling concerned an old structure, while the "Juma Masjid" had been declared a protected monument under the 1904 Act in 1921. The court questioned why the committee entered into an agreement in 1927 subjecting the structure to the 1904 Act if the earlier title suit had favoured them.

The court further ruled that the suit was not barred by the Places of Worship (Special Provisions) Act, 1991, as it primarily sought the right of access to a protected monument under the 1958 Act. The court found no error in the civil court’s decision to allow the suit and survey, dismissing the revision petition and vacating the interim stay.

The suit, filed by Hari Shanker Jain and seven others, claims the Shahi Idgah Mosque was constructed by Mughal emperor Babur in 1526 after demolishing the Harihar Mandir temple in Sambhal.

Following the survey order, protests erupted near the mosque on November 24, 2024, leading to clashes with security forces, stone pelting, arson, four deaths, and several injuries.

The Allahabad High Court had earlier stayed further trial court proceedings but now allowed the suit to proceed. The Supreme Court had directed maintaining status quo on prayers at a nearby private well following a plea by the committee.

Representing the Hindu side, lawyer Shri Gopal Sharma welcomed the high court’s decision, calling the survey lawful and appropriate. The Muslim side’s lawyer, Shakeel Ahmed Warsi, said the order followed due judicial process.

The court also directed the submission of the survey report by November 29, 2024.

(With PTI inputs)