HC rejects plea against Sambhal mosque survey
“We respect the high court order. If the legal committee advises further action, it will be considered. We will comment further only after reviewing the high court’s order,” mosque panel’s counsel advocate Shakeel Warsi said
The Allahabad high court on Monday dismissed a petition by the Sambhal mosque committee challenging a controversial trial court decision last year that ordered a survey of the Mughal-era mosque that triggered violence and resulted in the deaths of four people.
Tension has simmered in the Uttar Pradesh town since November last year when a civil court directed the advocate commissioner to conduct a survey of the Mughal-era Shahi Jama Masjid on a suit filed by Hindu groups that the Islamic structure was built after demolishing a temple.
In a 45-page judgment, the high court rejected the claim of the mosque committee that the Hindu groups’ petition was prima facie barred by the Places of Worship Act, 1991, which locks the religious character of any place of worship as it existed on August 15, 1947.
“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 right to access to a protected monument declared in the year 1920 under Section 18 of the Ancient Monument and Archaeological Sites and Remains Act, 1958,” the high court said.
“I find that court below had not committed any error, irregularity or illegality in granting leave to institute the suit …Revision fails and is hereby dismissed. Interim order stands vacated. Suit to proceed. No order as to cost,” Justice Rohit Ranjan Agarwal.
The decision marks a setback for the mosque committee that argues that the Hindu petition violates the 1991 law. Last December, the Supreme Court issued a nationwide directive restraining all courts from entertaining fresh suits or passing orders to survey mosques to determine whether temple structures lie beneath them, till the top court adjudicates on challenges to the Places of Worship Act.
“We respect the high court order. If the legal committee advises further action, it will be considered. We will comment further only after reviewing the high court’s order,” mosque panel’s counsel advocate Shakeel Warsi said.
Advocate Gopal Sharma, who represented the Hindu side, welcomed the ruling. “We welcome the honourable high court’s decision. The petition was bound to be dismissed as per legal norms.The survey ordered by the civil judge senior division of Sambhal was within the law and was appropriate.”
To be sure, if the HC had ruled in favour of the Muslim side then the survey report would have been scrapped.
Located in the heart of the city in the Kotgarvi locality, the Shahi Jama Masjid is an important religious and historical site for the Muslim community. It is believed to have been constructed around the 16th century by Mir Hindu Beg, a Mughal general. The mosque is a protected monument notified on December 22, 1920. It also figures on Archeological Survey of India’s website (Moradabad division) in the list of centrally protected monuments.
On November 19, a civil court ordered a survey of the mosque on a petition by advocate Vishnu Shankar Jain, claiming that it was built after razing a Hindu temple in 1529. An “initial survey” of the mosque was held the same day. Jain is also a petitioner in the Gynavapi Masjid case, and it was on his plea that a Varanasi court on April 8, 2022 ordered a controversial survey of the mosque complex abutting the Kashi Vishwanath Temple.
On November 24, four people were killed and dozens injured as protesters clashed with police after a second inspection of the mosque that turned violent. The case resonated in Parliament and the Supreme Court, and was one of the prominent cases where the top court clamped a moratorium on proceedings. The results of the survey were submitted bycourt-appointed advocate commissioner Ramesh Raghav in a sealed packet to the court of civil judge (senior division) on January 2.
The Sambhal case is part of a flurry of pleas over the past three years that argue that Islamic holy sites were built after demolishing temples, and therefore should be replaced. Other cases include the Gyanvapi Masjid in Varanasi and the Shahi Eidgah mosque in Mathura – both adjoining famous temples.
On November 29, the top court ordered the Sambhal court to halt proceedings in the case over the mosque and its survey while directing the UP government to maintain peace and harmony in the violence-hit town.
Then, on December 12, the Supreme Court issued a nationwide directive restraining all courts from entertaining fresh suits or passing orders to survey mosques to determine whether temple structures lie beneath them. The directive came from a special bench, headed by Chief Justice of India (CJI) Sanjiv Khanna, which clarified that trial courts cannot “overreach” the Supreme Court while it adjudicates on challenges to the Places of Worship (Special Provisions) Act, 1991.
The Places of Worship Act was enacted to preserve the religious character of all places of worship as they stood on August 15, 1947. The law expressly prohibits altering the religious nature of sites and includes stringent penalties for violations, though it exempted the Ram Janmabhoomi-Babri Masjid site in Ayodhya due to ongoing litigation at the time. Despite the significance of the issue, the matter had seen little progress in the Supreme Court over the last two years.
During the hearing, the Muslim side argued that the mosque is an ASI-protected monument and the court could not have ordered its survey. In its submissions, the Hindu side said that the disputed structure stood on a government land and the court was within its powers to order a survey.
The court, however, refused to interfere with the trial court’s November order on the survey. “Considering the facts and circumstances of the case, I find that no interference is required in the order dated 19.11.2024 passed by court ,” the high court said.
