Sambhal's Shahi Jama Masjid survey to continue, Allahabad High Court rejects Masjid committee plea

Allahabad High Court rejected the civil revision petition seeking a stay on the ongoing trial court proceedings. (File image)

The Allahabad High Court on Monday dismissed a plea of the Masjid committee against the survey ordered by a Sambhal court in the Shahi Jama Masjid and Harihar Temple dispute. PTI reported the high court as saying that the order to appoint a court commissioner and the suit were maintainable.

Justice Rohit Ranjan Agarwal had previously reserved its order on the matter after hearing counsel for the Masjid committee and plaintiff Hari Shanker Jain suit and the counsel for Archeological Survey of India.

The Committee of Management, Shahi Jama Masjid, moved the high court challenging the suit and the Sambhal court order which directed the survey through an advocate commissioner.

Jain and seven others filed the suit before a civil judge senior division, Sambhal contending the Shahi Idgah Mosque was built after demolishing a temple at Sambhal.

The mosque, it claimed, was built by Mughal emperor Babur in 1526 after demolishing the Harihar Mandir in Sambhal.

The Allahabad High Court had previously stayed further proceedings before the trial court.

The original plaintiffs in the suit claimed the right of access to the religious site at Mohalla Kot Purvi in Sambhal district.

The committee alleged the suit was filed at noon on November 19, 2024 and within hours, the judge appointed an advocate commissioner and directed him to carry out an initial survey at the mosque, which was done on the same day and again on November 24, 2024.

The court had also directed that a report of the survey be filed before it by November 29.

Commenting on the order, senior Supreme Court lawyer Vishnu Shankar Jain wrote on X (formerly known as Twitter), "Mosque side petition dismissed in sambhal issue. Argument was that court cannot appoint survey commissioner exparte. Stay is vacated."

Mosque side petition dismissed in sambhal issue. Argument was that court cannot appoint survey commissioner exparte. Stay is vacated.
Vishnu Shankar Jain (@Vishnu_Jain1) May 19, 2025

On November 24 last year, violence had broken out in Sambhal during a court-ordered survey of the Mughal-era Shahi Jama Masjid leaving at least four people dead.

Ahead of the Holi celebrations this year, security measures had been beefed up outside the Sambhal mosque and it was covered with a tarpaulin sheet.

Earlier on Saturday, a local court had framed charges against 50 people for attempt to murder, rioting and other offences over alleged involvement in the November 24 violence last year during protests against a court-ordered survey of a mosque here.

PTI reported that Additional District Sessions Judge (SC/ST) Ragini Singh rejected discharge applications submitted on behalf of several accused, and Assistant District Government Advocate Hariom Prakash Saini said that five defence advocates had filed discharge applications in the court.

The charge sheet in the case of violence was filed on February 21 with the accused facing charges like Section 109 (Attempt to murder), Section 191 (Rioting), Section 326 (Arson) and Section 324 ( destruction of public property) of BNS.