The Allahabad High Court on Monday dismissed a plea filed by the Sambhal Shahi Mosque Committee challenging a lower court’s directive to conduct a survey of the mosque premises. The survey was ordered in response to a civil suit alleging that the mosque was built after the demolition of a Hindu temple in the 16th century.
Justice Rohit Ranjan Agarwal, while rejecting the committee’s objections, upheld the trial court’s order to appoint an Advocate Commissioner for the survey. The court had earlier paused the survey proceedings until February 25 but has now allowed them to resume.
The civil suit, filed by eight Hindu petitioners including Mahant Rishiraj Giri, claims that the Shahi Jama Masjid in Sambhal was constructed in 1526 on the ruins of an ancient Hari Har Temple dedicated to Lord Vishnu’s final avatar, Kalki. The petition alleges the temple was partially destroyed on the orders of Mughal emperor Babur.
The Mosque Committee argued before the High Court that the Civil Judge (Junior Division) had acted hastily by ordering the survey without issuing them prior notice. They also raised concerns about the survey being carried out swiftly—on the same day of the order, November 19, and again on November 24, 2024.
Meanwhile, the Archaeological Survey of India (ASI), in a counter-affidavit, stated that the mosque—officially referred to as the Juma Mosque—is a Centrally Protected Monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). The ASI emphasized that the monument has never been officially classified as a religious site, nor is there historical or archaeological evidence referring to it as ‘Shahi Masjid’.
The ASI further noted that under Sections 4 and 5 of the AMASR Act, the Central Government and the ASI hold the authority to declare and preserve protected monuments, rendering any local claims of ownership invalid.
The case has drawn national attention since November 2024, when violent clashes broke out in Sambhal. Tensions escalated as an ASI team arrived with security forces and was reportedly accompanied by a crowd chanting religious slogans. Clashes erupted between local Muslim residents and security personnel, resulting in police firing that left at least five people dead.
The Supreme Court had intervened in November, staying further proceedings in the trial court and directing that the matter be first addressed by the High Court.
With Monday’s ruling, the High Court has cleared the way for the resumption of the court-ordered survey, despite ongoing tensions and legal challenges surrounding the historical and religious claims to the site.
