Allahabad High Court reserves judgment in Sambhal Jama Masjid dispute

The Allahabad High Court on Tuesday, May 13, 2025, reserved judgment in the civil revision petition challenging a Sambhal court order in the suit filed by Hindu devotees claiming the right to access the Shri Harihar Temple, which they allege is currently the Jami Masjid.

The bench of Justice Rohit Ranjan Agarwal heard both the sides, and the Archaeological Survey of India (ASI) and reserved the judgment.

On May 5, the ASI submitted its survey report of the disputed premises and it also apprised the court that it had filed the counter-affidavit in the matter as well, and it was sent to the Committee of Management, Jami Masjid Sambhal on May 3, 2025. Taking the same on record and directing for the matter to be listed on a later date, the court also extended the interim order, which stayed the proceedings before the Sambhal Civil Judge (Senior Division) in the original civil suit.

Notably, the site is contested as both a mosque and a temple.

The civil suit filed in the trial court seeks a declaration recognizing Hindu plaintiffs' right of access to what they claim is the Shri Hari Har Temple, currently identified as the Jami Masjid in Sambhal's Kot Purvi locality. The plaintiffs also demand that the Archaeological Survey of India (ASI) take control of the site under the Ancient Monuments Preservation Act, 1904. Additionally, they have sought an injunction preventing interference in public access to the property.

On the same day the suit was registered, the civil court accepted the plaintiffs' application for exempting the mandatory notice period under Section 80(2) of the Civil Procedure Code (CPC), citing urgency. It also granted an application for appointing an advocate commissioner to survey the property, with directions for photographic documentation. The mosque committee immediately raised objections before the high court, alleging procedural impropriety. Their counsel argued that the expedited actions, including the survey conducted within hours of the suit's filing, deprived the defendants of due opportunity to respond. They further noted that a subsequent survey on November 24, 2024, compounded concerns over transparency.

However, before the high court, the plaintiff-respondents defended the civil court's actions, asserting that the survey had been completed, with the report submitted in a sealed cover. They emphasized that these measures were necessary to preserve evidence and ensure judicial fairness. The high court acknowledged the mosque committee's concerns, emphasizing the need for a balanced approach in adjudicating sensitive matters. Notices were issued to all respondents. Meanwhile, the civil court had been directed to refrain from advancing the case.

Case Title: Committee Of Management, Jami Masjid Sambhal Ahmed Marg Kot Sambhal Vs. Hari Shankar Jain And 12 Others