Allahabad High Court Bench, chaired by Justice Rohan Ranjan Agarwaal, upheld the Uttar Pradesh Trial Court’s order directing the advocate commission to survey the Shahi masjid in Sambhal, after the Mosque Committee filed a plea challenging that the order and survey were made in haste. On November 19, 2024, the trial judge ordered the survey, and on the same day, the civil court judge also issued a directive to the advocate commission for the survey.
Eight plaintiffs filed the suit, including Mahant Rishiraj Giri, the temple’s religious head. Rishiraj Giri filed a petition in the civil court claiming that the mosque was built by destroying an ancient temple during the time of Mughal Emperor Babar.
The plea filed claims that the Shahi Masjid was originally a Harihar Temple and that Sambhal is a region where Lord Vishnu has been incarcerated as Kalki. Advocate Vishnu Shankar Jain, son of advocate Hari Shankar, also claimed that symbols and signs show the connection with Hindu dharma.
Civil Court judge Aditya Singh issued an order for a survey after the plea was submitted, and the petitioners sought that the videography and photography of the mosque premises be completed. However, the mosque committee approached the High Court, contesting the swift direction from the Civil Court directing the advocate commission to start the survey procedures after the trial court order.
On November 24, 2024, the court ordered Archaeological Survey of India, survey procedures and the opposition that initiated civil unrest and led to the death of five people and injuring several others in the region. Following this, the district administration ordered a 24-hour internet shutdown. On November 29, the Supreme Court ordered the Sambhal Trial court to pause the proceedings until the Allahabad High Court hears the mosque committee’s plea.
The petition filed by the mosque committee says that the respondents of the trial court order learned about the order on appearance, and hence the petition challenging the order dated November 19, 2024, before an ‘appropriate court’, upon which the petitioners of the Shahi Masjid were assured that the civil judge will not proceed with the matter until the petition is listed in the High Court.
The Archaeological Survey submitted a response to the court that there is no revenue evidence supporting the term of ‘Shahi Majid’ and that, as per the AMASAR Act, the ‘Juma Masjid’ remains as the Centrally protected Monument. But official records do not mention that it is a religious place
Samajwadi Party MP Zia ur-Rehman opposed the move, reiterating that “there was, is and will always be a masjid there.”
Meanwhile, Mahant Rishiraj Giri Ji has openly threatened to stop Namaz inside the mosque and that Hindus must be allowed to resume Puja.
