Allahabad HC upholds survey of Sambhal Mosque amid temple claim dispute

The court dismissed the mosque committee's plea and upheld the trial court's order for a survey after Hindu plaintiffs claimed the site was once a Harihar temple

The Allahabad High Court on Monday upheld a trial court’s decision to appoint an advocate commissioner to survey the premises of a Mughal-era mosque in Uttar Pradesh’s Sambhal district, following claims that the site was previously home to a Hindu temple.

 

The Bench of Justice Rohit Ranjan Agarwal dismissed a plea by the mosque committee challenging the November 2024 survey order.

 

Temple claim and legal backing

 

The case originated from a petition filed by eight local residents in a Sambhal court, who claimed that the site once housed a Shri Harihar temple allegedly demolished by Mughal emperor Babur in 1529.

 

 

They asked for the Archaeological Survey of India (ASI) to take charge of the site and cited the Ancient Monuments and Archaeological Sites and Remains Act, 1958, to support their right to access it as a public monument.

 

The high court said the Hindu petitioners were not barred from seeking the survey, paving the way for proceedings to continue.   

Sambhal violence - What happened and why?

 

Violence after trial court order

 

On November 19, 2024, the Sambhal trial court directed the survey to be carried out by Advocate Commissioner Ramesh Raghav. It was conducted the same day in the presence of district officials, police, and the mosque committee.

 

A second survey was scheduled for November 24, but tensions escalated as rumours of a possible demolition spread. A large crowd gathered at the site, and violence broke out.

 

Stones were thrown, vehicles set ablaze, and police responded with tear gas and baton charges. Four people were killed and over 30 police officers were injured in the clashes.

 

So far, at least 85 people have been arrested in connection with the violence, according to a Hindustan Times report. Among those arrested are Zafar Ali, president of the Sambhal Shahi Jama Masjid’s managing committee; MP Ziab Ur Rehman Barq; and Suhail Iqbal, son of local MLA Iqbal Mehmood.