In a significant development, the Allahabad High Court on Monday dismissed a plea by the Shahi Jama Masjid Committee, Sambhal, challenging a lower court’s order for a survey of the mosque premises. The committee had contested a November 2024 directive by a Sambhal trial court that appointed an Advocate Commissioner to examine the site, based on claims that the mosque was built over a demolished Hindu temple during the Mughal era.
Justice Rohit Ranjan Agarwal, while upholding the trial court’s order, observed that there was no legal infirmity in the direction to conduct the survey, thereby allowing civil proceedings to move forward—despite a temporary freeze on similar matters by the Supreme Court.
The suit that triggered the controversy was filed by advocate Hari Shankar Jain and seven others, sparking unrest and violent clashes in the region. Though the Supreme Court has directed all courts to refrain from passing “effective orders” in suits disputing religious character of places until it rules on the validity of the Places of Worship (Special Provisions) Act, 1991, the High Court maintained that merely ordering a survey does not alter the status quo.
Meanwhile, the Archaeological Survey of India (ASI) submitted a detailed counter in the matter. It stated that the Shahi Jama Masjid is a Centrally Protected Monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act), and that there is no record of the site being notified as a religious place.
The ASI pointed to Gazette Notification No. 1645/1133-M dated 22.12.1920, issued under the Ancient Monuments Preservation Act, 1904, which declared the monument protected, but made no reference to it being a site of public worship.
“The Centrally Protected Monument cannot be characterized as place of public worship as there is no such mention found in Gazette Notification… This omission underscores its designation as a protected site, free from claims tied to religious practices,” the ASI submitted.
The High Court had earlier reserved its verdict on May 3 before delivering its order dismissing the mosque committee’s objections to the survey.
