Big Win for Hindu Side: Court Clears Archaeological Survey at Disputed Sambhal Masjid

Key Points

• Allahabad High Court has dismissed the Jama Masjid Committee’s plea, clearing the way for an ASI survey of the disputed Shahi Jama Masjid in Sambhal.
• The Hindu side claims the mosque was built in 1526 after demolishing the Harihar Temple dedicated to Lord Vishnu’s avatar Kalki.
• The High Court found “no issues” with the trial court’s survey order and said the Hindu plaintiffs’ suit is “not barred.”
• The mosque committee may challenge the verdict in the Supreme Court; the Hindu side plans to file a caveat.
• The dispute has already led to violence, with four deaths during the initial survey in November 2024.

Prayagraj: In a landmark decision with far-reaching implications, the Allahabad High Court on Monday rejected the civil revision petition filed by the Shahi Jama Masjid Management Committee, Sambhal, thereby upholding a lower court’s order for an Archaeological Survey of India (ASI) probe at the disputed mosque site. The verdict, delivered by Justice Rohit Ranjan Agarwal, marks a significant victory for the Hindu petitioners, who allege that the mosque was constructed in 1526 by Mughal emperor Babar after demolishing the ancient Harihar Temple.

Background: Claims, Clashes, and Courtroom Battles

The controversy began when advocate Harishankar Jain and seven others filed a suit in the Sambhal Civil Court, asserting that the Shahi Jama Masjid was built atop the remains of a temple dedicated to Lord Vishnu’s last avatar, Kalki. On November 19, 2024, the civil court ordered an ASI survey, which was carried out in two phases. However, the survey sparked violent clashes in Sambhal, resulting in four deaths and several injuries.

In response, the mosque committee challenged the survey order, first seeking relief from the Supreme Court, which directed them to approach the Allahabad High Court and ordered the survey report to be submitted in a sealed envelope.

High Court’s Ruling: Suit Not Barred, Survey to Proceed

After extensive hearings and reserving its judgment on May 13, the High Court ruled that the trial court’s order for a survey was appropriate and that the Hindu side’s suit is “not barred” by law. The bench found no procedural fault with the lower court’s directive and declined to stay the ASI survey, stating that the question of the suit’s maintainability will be decided at a later stage. The court also noted that the mosque is now considered a “disputed structure,” as asserted by the Hindu petitioners.

Reactions: Jubilance and Disappointment

Advocate Harishankar Jain, representing the Hindu side, hailed the verdict as a “big victory for Hindus,” claiming it strengthens their assertion that the mosque stands on temple ruins. Conversely, the mosque committee expressed disappointment and signaled its intent to challenge the ruling in the Supreme Court. The Hindu side, anticipating further legal battles, has announced plans to file a caveat to ensure their arguments are heard in any future proceedings.

What’s Next?

• The ASI survey of the Shahi Jama Masjid is set to continue under the supervision of the district court.
• The mosque committee is likely to approach the Supreme Court for relief.
• The region remains on alert given the history of violence surrounding the dispute.

Summary Table: Sambhal Shahi Jama Masjid Dispute

The Allahabad High Court’s decision is poised to intensify the spotlight on the Sambhal dispute, with both legal and social ramifications for the region.