Allahabad HC upholds Sambhal Jama Masjid survey order, paves way for trial to resume
Insight Online News
Allahabad, May 19 : The Allahabad High Court on Monday upheld the survey order issued by the Chandousi court for the Shahi Jama Masjid in Sambhal and dismissed the petition filed by the mosque committee, finding no legal flaws in the trial court’s decision.
The court rejected the civil revision petition that sought a stay on the ongoing proceedings, allowing the case to proceed at the trial court level.
The Shahi Jama Masjid has become the centre of a legal dispute after Hindu petitioners alleged that the mosque was built over a Hindu temple known as the Hari Mandir.
On November 24 last year, violence had erupted in Sambhal during a court-ordered survey of the Mughal-era mosque, resulting in the deaths of at least four people.
The Supreme Court had earlier stayed the trial court’s proceedings, directing that no further steps be taken until the High Court reviewed the mosque committee’s petition.
With the High Court’s latest order from Justice Rohit Ranjan Agarwal, the stay stands vacated, and the survey-related case is expected to move forward in the Sambhal district court.
The mosque committee argued that the survey order was passed in haste, without giving them an opportunity to be heard. They also raised concerns over the fact that the mosque was surveyed twice — first on the day of the order and again on November 24, when violence broke out.
However, the High Court dismissed these arguments and refused to intervene in the ongoing proceedings.
Advocate S.A. Naseem, representing the mosque committee, told IANS, “The mosque committee will challenge this decision in the Supreme Court.”
On the other hand, senior advocate Vishnu Shankar Jain, who represents the Hindu plaintiffs, welcomed the court’s decision.
“Today, the court dismissed the petition filed by the mosque committee. I have said time and again that under established legal principles and Order 26 Rules 9 and 10 of the Civil Procedure Code, a court can appoint a survey commissioner ex parte. The only requirement is that when the commissioner goes on site, affected parties must be notified and allowed to be present during the survey,” he said.
“The advocate commissioner has submitted a report to the court of the survey for both days. The court has vacated the interim order, which was stayed by the Supreme Court. You will remember that the court had imposed a limited stay and had asked the High Court to see whether to impose a stay on the trial or not. The High Court has vacated the stay on the trial, and now the Sambhal case trial will proceed further carefully,” he added.
The survey had been carried out by Advocate Commissioner Ramesh Raghav, who has submitted a sealed report to the trial court.
The Hindu plaintiffs — including advocate Hari Shankar Jain and seven others — claim that the mosque stands on the ruins of an ancient temple dedicated to Hari Har, which they allege was partly demolished in 1526 under the orders of Mughal emperor Babur.
In its submission to the court, the Archaeological Survey of India (ASI) stated that the Shahi Jama Masjid is a centrally protected monument and cannot be characterised as a place of public worship, as there are no official records to support such a designation.
