Allahabad HC Upholds Survey Of Sambhal’s Shahi Jama Masjid

Allahabad High Court

The Allahabad High Court has dismissed a plea by the Shahi Jama Masjid Committee of Sambhal, challenging a trial court’s order for a survey of the mosque premises.

Justice Rohit Ranjan Agarwal upheld the November 2024 directive appointing an Advocate Commissioner to conduct the survey, which was initiated following claims that the mosque was constructed over a demolished Hindu temple during the Mughal era.

Background Of The Dispute

The civil suit prompting the survey was filed by advocate Hari Shankar Jain and others, alleging that the Shahi Jama Masjid was built atop a Hindu temple. The trial court’s order for a survey led to tensions and violent clashes in Sambhal in November 2024.

Subsequently, the Supreme Court directed lower courts to refrain from passing effective orders in cases disputing the religious character of structures, pending its decision on the Places of Worship (Special Provisions) Act of 1991,

ASI’s Position

The Archaeological Survey of India (ASI) submitted that the Shahi Jama Masjid is a Centrally Protected Monument, not recognized as a place of public worship in official records, including the 1920 Gazette Notification under the Ancient Monuments Preservation Act, 1904. The ASI emphasized that under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the site is to be preserved without unauthorized alterations, rendering ownership claims by the mosque committee legally irrelevant.

Legal Representation

Senior Advocate SFA Naqvi and Advocate Zaheer Ashgar represented the mosque committee, while Advocate Manoj Kumar Singh appeared for the ASI. The High Court had reserved its verdict on May 3 before delivering the decision to dismiss the mosque committee’s plea.

Implications

The High Court’s ruling allows the survey of the Shahi Jama Masjid to proceed, despite the Supreme Court’s broader directive to pause proceedings in similar disputes. This decision may set a precedent for handling cases involving historical religious structures and their contested origins