Allahabad HC upholds survey of Sambhal mosque in UP
What's the story
The Allahabad High Court has upheld a trial court's order to conduct a survey of the Sambhal Mosque in Uttar Pradesh.
With this, a bench headed by Justice Rohit Ranjan Agarwal rejected the Mosque Committee's plea against the trial court's November 19 order that directed an advocate commissioner to survey the mosque.
The trial court's order came in response to a suit filed by eight Hindu plaintiffs, including Mahant Rishiraj Giri.
Plaintiffs' claim
Hindu plaintiffs claim mosque was built on temple site
They allege that the Sambhal Mosque was constructed in 1526 after demolishing a Hindu temple dedicated to Kalki, the last avatar of Lord Vishnu.
They stated that the temple was partially demolished and converted into a mosque on the orders of Mughal Ruler Babar.
Backing the Hindu plaintiffs, the Archaeological Survey of India (ASI) earlier told the Allahabad HC that the "Juma Mosque" is a Centrally Protected Monument.
ASI's argument
ASI argues mosque is a centrally protected monument
During the case hearing before the HC, the ASI stated that after independence, the Ancient Monuments and Archaeological Sites and Remains Act of 1958 (AMASR Act) came into effect, and its requirements are now applicable to such monuments.
They contended that there is no historical evidence supporting the term "Shahi Masjid" for this site.
Proceedings stay
Supreme Court stayed trial court proceedings
The ASI's counter-argument also stated that under Section 5 of AMASR Act, it can acquire rights for the preservation of protected monuments.
Additionally, Section 4 empowers the Central Government to declare historical monuments as protected.
The Supreme Court had stayed the trial court proceedings in November 2024, pending a decision on the Mosque Committee's petition against the survey order.