Allahabad High Court Upholds Trial Court’s Order for Survey of Sambhal Mosque Premises

New Delhi: The Allahabad High Court has upheld the trial court’s November 2024 order appointing an Advocate Commissioner to survey the Sambhal mosque premises, rejecting a petition filed by the mosque committee challenging the decision. 

Background of the Case
The dispute centers around claims that the Sambhal mosque, also known as Shahi Jama Masjid, was built in 1526 after demolishing a Hindu temple—the Harihar Mandir, dedicated to Lord Vishnu’s last avatar, Kalki. The petitioners, including Mahant Rishiraj Giri, argue that the site originally housed a Hindu temple, and they seek access to the religious site.

Court’s Ruling and Survey Details
The trial court’s order, issued on November 19, 2024, directed an Advocate Commissioner to conduct a survey of the mosque premises. The survey was carried out in two phases—on November 19 and November 24, 2024. The survey report has already been submitted to the trial court in a sealed cover.

The mosque committee had challenged the trial court’s decision, arguing that the survey order was passed hastily without issuing prior notice to them. However, the Allahabad High Court rejected their plea, stating that the trial court’s order was valid and maintainable.

Legal and Historical Importance
The case has drawn mass attention due to its historical and religious implications. The Archaeological Survey of India (ASI) has stated that the Jama Masjid is a Centrally Protected Monument, governed by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act). The ASI further argued that there is no historical or archaeological evidence supporting the claim that the mosque was originally a temple.

After the High Court’s ruling, the survey of the mosque premises will continue, and the findings may play a crucial role in determining the future legal proceedings. The mosque committee may appeal the decision in the Supreme Court, as tensions surrounding the case remain high.