The Allahabad High Court has rejected the plea filed by the Mosque Committee against a trial court's order that directed a survey of the mosque in Sambhal. This order was originally passed on November 19, 2024. The court has also stated that the case filed by the Hindu plaintiffs is prima facie not barred.
A bench led by Justice Rohit Ranjan Agarwal confirmed that the trial court was right in asking for the survey to be conducted by an Advocate Commissioner. This case revolves around claims that a mosque was constructed after destroying a pre-existing Hindu temple.
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The original suit was filed by eight Hindu plaintiffs, including Mahant Rishiraj Giri. They alleged that the Sambhal Mosque was built in the year 1526 on the remains of an ancient temple known as the Hari Har Temple, dedicated to Kalki, the final incarnation of Lord Vishnu.
"The Hindu Plaintiffs claim that on the orders of Mughal ruler Babar, the original temple was partly destroyed and turned into a mosque," said their counsel.
The Mosque Committee argued before the High Court that the trial court's decision to order the survey was made without giving them proper notice. They also pointed out that the mosque was surveyed on the same day—November 19—and again on November 24, 2024.
The Hindu side, represented by Advocates Hari Shankar Jain and Vishnu Shankar Jain, maintained that the mosque was built on a temple site and that they have the right to access the disputed land. Advocate Commissioner Ramesh Raghav has already submitted the survey report to the trial court in a sealed cover.
“The survey report has been filed, and the trial court was right in its approach,” said the High Court while dismissing the challenge.
Meanwhile, the Supreme Court had earlier stayed the trial court proceedings in November 2024. The apex court directed that no further action should be taken until the High Court reviewed the Mosque Committee's petition.
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During the hearing at the High Court, the Archaeological Survey of India (ASI) also filed its response. The ASI stated that the Juma Mosque is listed as a Centrally Protected Monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).
“After Independence, the AMASR Act came into force. The mosque is listed as a protected monument, but not as a religious place,” the ASI submitted.
The ASI further mentioned that there is no official or historical proof identifying the mosque as a "Shahi Masjid." It added that under Section 4 and Section 5 of the AMASR Act, the Central Government and the ASI have the authority to preserve such sites, which makes any private ownership or religious claims legally invalid.
"No revenue, archaeological, or historical record supports the claim that this is a religious site called Shahi Masjid," the ASI stated.
The case will now await further developments following the Supreme Court’s directive, but the High Court's ruling gives a significant boost to the Hindu plaintiffs' claims.
