Sambhal mosque case: Allahabad High Court seeks response from government and ASI

Judge orders a stay on the proceedings in the case by trial court till February 25

The Allahabad High Court on Wednesday sought a response from the Central and State governments, the Archaeological Survey of India (ASI) and local authorities on a plea moved by the Shahi Jama Masjid committee in Sambhal challenging a trial court’s order.

The trial court had directed an Advocate Commissioner to survey the mosque while dealing with a suit that claimed that it was built after destroying a temple.

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A Bench of Justice Rohit Ranjan Agarwal also ordered a stay on the proceedings in the case by the trial court in Sambhal till February 25, which is also the next date of the hearing of the matter in the High Court.

The lower court has now fixed March 5 as the next date of hearing.

The Supreme Court, in November last year, had stayed the trial court proceedings in the case, directing it to not to hear the matter until the petition filed by the mosque committee against the survey order is listed in the Allahabad High Court.

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“The Supreme Court directed all the courts not to entertain new suits seeking surveys of any place of worship until further orders. We filed a copy of the said order in the [trial] court, which fixed March 5 as the next date of hearing,” Shakil Ahmad Wari, the advocate representing the Muslim side, told reporters.

Gopal Sharma, the lawyer representing the Hindu plaintiffs, said no reply was filed by the opposite side. “We filed an application with the court demanding their opportunity to reply should now end,” he said.

The local court in Sambhal, on November 19, had ordered a survey of the Mughal-era mosque while hearing a petition that claimed that it was built in 1526 after demolishing a Harihar temple, dedicated to Kalki, the last incarnation of Lord Vishnu. The eight plaintiffs in the suit had demanded the right to access the mosque.

Clashes after survey

On November 24, violence erupted in Sambhal after clashes between the police and those who gathered to protest against the survey. Five people died and several others were injured in stone pelting and firing. The Uttar Pradesh Police have denied allegations that they fired at protesters.

Almost 40 days after the violence, the court-appointed Advocate Commissioner, Ramesh Raghav, submitted the survey report in the local court in a sealed cover last week.

Published - January 08, 2025 01:24 pm IST