New Delhi: The Allahabad High Court, on Monday, May 19, rejected the Sambhal Jama Masjid Management Committee’s plea against the survey ordered by a civil court in the Shahi Jama Masjid and Harihar Temple dispute.
The court said 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 in the suit and the counsel for Archaeological Survey of India (ASI).
The case centres around a civil revision petition filed by the Sambhal Jama Masjid Management Committee, challenging the maintainability of a suit that led to a survey order by the civil court.
The committee is contesting the lower court’s decision dated November 19, 2024, which directed the Archaeological Survey of India (ASI), along with an Advocate Commissioner, to conduct a survey of the mosque premises.
Following the civil court’s order, a preliminary survey was initiated on the same day, November 19, and continued on November 24. However, the situation escalated during the second round of the survey, resulting in violence that left four people dead. Subsequently, the civil court had ordered the submission of the survey report by November 29.
In response, the mosque committee approached the Allahabad High Court, which held its first hearing on January 8, 2025. On the same day, the court issued an interim stay on the civil court’s survey directive and also stayed proceedings in the original suit pending before the lower court.
The case has since seen around 15 hearings, with final arguments concluding on May 13. The High Court had then reserved its judgment, after concluding hearing in the matter.
Earlier, on March 12, the High Court partially accepted the mosque committee’s plea to allow painting and maintenance work on the outer walls of the mosque during the month of Ramadan, directing the ASI to supervise the process.
The original suit in the civil court was filed by senior Supreme Court advocate Harishankar Jain and seven others, who claimed that the Jama Masjid was constructed over a pre-existing Harihar Temple. The plaintiffs have sought the right to worship at what they claim is the original temple site.
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