Sambhal mosque row: Allahabad HC junks Masjid committee plea against survey

Allahabad HC upholds Sambhal survey order

The Allahabad High Court on Monday dismissed a plea of the Masjid committee against the survey ordered by a Sambhal court in the Shahi Jama Masjid and Harihar Temple dispute. The court said the order to appoint a court commissioner and the suit were maintainable. Justice Rohit Ranjan Agarwal had previously reserved its order on the matter after hearing counsel for the Masjid committee and plaintiff Hari Shanker Jain, aside from the counsel for the Archeological Survey of India (ASI).

“This is not a case where any conversion of place of worship is taking place or any religious character of place of worship is being changed. Plaintiffs have only sought the right to access a protected monument declared in the year 1920 under Section 18 of the Act of 1958,” the court said.

The court was referring to the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The Committee of Management, Shahi Jama Masjid, had moved the high court challenging the suit and the Sambhal court order, which directed the survey through an advocate commissioner. The court refused to accept the argument of the mosque committee which said the dispute stood settled in 1877 and then a decree was confirmed by the high court as the 1877 verdict was in relation to an old building whereas the “Juma Masjid” was declared as a protected monument under the (The Ancient Monuments Preservation of Monuments) Act of 1904 in 1921.

“If the title suit was decided in favour of revisionist in the year 1877, then, the question arises as to why the revisionist had entered into an agreement in the year 1927, subjecting the structure in dispute to the Act of 1904?” it asked. The judgment further noted that the alleged agreement did not reveal the ownership of the revisionist (committee) and clearly stated that the structure needed to be protected in pursuance of the Act of 1904 by the Archaeological Department.

“The entire case set up by the revisionist is on the basis of the alleged agreement entered into between the then collector, Moradabad, and the revisionist in the year 1927. Once revisionist himself admitted to the execution of the alleged agreement which was in pursuance of the Act of 1904, prior to the enforcement of the Act of 1991 and cut-off date mentioned therein, he cannot say at this stage that suit is barred by provisions of the Act of 1991,” the court added.

The court went on, “I find that court below had not committed any error, irregularity or illegality in granting leave to institute the suit before the expiry of period of notice under Section 80(2) CPC, as it was never objected by the Government or its officials defendants 1 to 5 and revisionist/defendant 6 being a private person is not covered under the canopy of Section 80.” The court held that the suit was “not prima facie barred” by the provisions of the Places of Worship (Special Provisions) Act, 1991. “In fact, it has been filed seeking right to access to property in dispute under Section 18 (right of access to protected monuments) of the Act of 1958, being a protected monument,” it said.

The court observed that no interference was required in the order dated November 19, 2024, passed by the civil court instituting the suit and appointing a commission for local investigation. “Revision fails and is hereby dismissed. Interim order stands vacated. Suit to proceed. No order as to cost,” it held.

Jain and seven others filed the suit before a civil judge, senior division, Sambhal contending the Shahi Idgah Mosque was built after demolishing a temple at Sambhal. The mosque, it claimed, was built by Mughal emperor Babur in 1526 after demolishing the Harihar Mandir in Sambhal.

The High Court had previously stayed further proceedings before the trial court. While talking to the media, Shri Gopal Sharma, the lawyer of the Hindu side in the Shahi Jama Masjid, said, “The high court has rejected it as per the rules. We welcome the decision of the High Court. The survey ordered by the civil judge senior division of Sambhal was within the law and was appropriate.”

On November 24, last year, protesters gathered near the mosque and clashed with the security personnel, leading to stone pelting and arson, leaving four dead and several injured. The top court, on November 29 last year, ordered the Sambhal court to halt proceedings in the case over the mosque and its survey at Chandausi while directing the UP government to maintain peace and harmony in the violence-hit town. The mosque committee moved the Supreme Court on November 28, challenging the November 19 order of the district court directing the survey of the Mughal-era mosque and sought an ex-parte stay on the operation of the November 19, last year order passed by the civil judge.

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