Allahabad High Court dismisses plea challenging survey of Sambhal mosque

The Allahabad High Court on Monday rejected a plea filed by the Shahi Jama Masjid Committee, Sambhal, challenging a trial court order that had directed the appointment of an Advocate Commissioner to survey the mosque's premises..Justice Rohit Ranjan Agarwal passed the verdict upholding the trial court's order. .The trial court had passed its November 2024 directive on a suit involving allegations that the mosque was constructed over a demolished Hindu temple during the Mughal era. .The suit was filed by advocate Hari Shankar Jain and seven others. The civil court order allowing the survey had led to violent clashes in Sambhal.The civil court proceedings are presently on hold as the Supreme Court has passed an order directing courts across India not to pass any effective orders in suits that dispute the religious character of structures, while it decides on the validity of the Places of Worship (Special Provisions) Act of 1991..Meanwhile, the managing committee of the Sambhal mosque filed a plea before the High Court challenging the conduct of any survey at the mosque. .The ASI also filed a response in the case, stating that the mosque has been designated as a Centrally Protected Monument, which cannot be characterised as a place of public worship as there were no supporting records for such a claim. It noted that following independence, the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act) became applicable to such sites. The ASI further pointed out that official records do not identify the mosque as a religious place..It added that under the AMASR Act, the ASI and the Central government have the authority to declare and preserve protected monuments, rendering any unauthorized ownership claims, such as those by the Masjid Committee, legally irrelevant."...the Centrally Protected Monument cannot be characterized as place of public worship as there is no such mention found in Gazette Notification No.1645/1133-M dated 22.12.1920 published under the Ancient Monuments Preservation Act, 1904 (AMP Act, 1904). The Gazette Notification dated 22.12.1920, issued under the Ancient Monuments Preservation Act, 1904, does not recognize the monument as a place of public worship. This omission underscores its designation as a protected site, free from claims tied to religious practices and thus, the absence of designation as a place of public worship in the Gazette Notification legally reinforces the monument's protected status," the ASI's counter stated..The Court had reserved its verdict in the matter on May 3, before it dismissed the mosque committee's plea against the survey today. Senior Advocate SFA Naqvi along with Advocate Zaheer Ashgar, appeared for the committee. Advocate Manoj Kumar Singh appeared for the ASI.