HC junks Sambhal mosque panel's plea, allows survey
Allahabad high court
on Monday dismissed a petition filed by the
Sambhal mosque committee
challenging the trial court's order passed on November 19 last year directing an advocate commissioner to survey the mosque in a suit, which claimed that the mosque was built after destroying a temple.
With this, the court has upheld the trial court's survey order. It also added that the
Hindu plaintiffs
' suit is prima facie not barred.
Dismissing the civil revision petition filed by committee of management, Jami Masjid, Sambhal, Justice Rohit Ranjan Agarwal vacated the interim stay order on the suit pending before the court below. The court directed the suit to proceed.
In its 45-page judgment, the court rejected the claim of the mosque committee's counsel that the present suit of the plaintiff is prima facie barred by the Places of Worship Act, 1991, which prohibits conversion of any place of worship and provides for maintenance of religious character of any place of worship as 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 court added.
The Sambhal trial court's order dated November 19, 2024 was passed on a suit filed by plaintiffs, who claimed that the Sambhal mosque was built in 1526 after demolishing a Hindu temple that stood there.
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It was the case of the mosque committee before the Allahabad high court that the civil judge (junior division) had passed the survey order hastily, without issuing notice to them. The survey of the mosque was undertaken on the same day (Nov 19), and again on Nov 24, 2024.
On the other hand, in their suit, the Hindu plaintiffs have claimed that the mosque in question was originally the site of an ancient temple (Harihar temple) dedicated to Kalki, the last avatar of Lord Vishnu.
In 1526, on the orders of Mughal ruler Babar, the temple was partly demolished and converted into a mosque.
The trial court proceedings were effectively stayed by the Supreme Court in November last year. The apex court had directed that the trial court shall not proceed further with the matter until the mosque committee's petition against the survey order is listed before the HC.
During the case hearing in the HC, the ASI had submitted its counter stating that the said mosque has been notified as a centrally protected monument. After Independence, the
Ancient Monuments and Archaeological Sites and Remains Act
, 1958 (AMASR Act ), came into effect, and its provisions are now applicable to such monuments and nowhere is the mosque described as a religious place in official records.
The ASI has further argued that there is no historical, archaeological, or revenue evidence supporting the term 'Shahi Masjid'. Its counter adds that under Section 5 of the AMASR Act, the ASI is empowered to acquire rights for the preservation of protected monuments, and Section 4 also authorises the central government to declare any monument of historical importance as protected, thereby any unauthorised claims of ownership or control (referring to Masjid Committee's claims) have no meaning.
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