Prayagraj: The Allahabad High Court on Monday (May 19) upheld the Sambhall trial court order directing survey of the Shahi Jama Masjid in the Shahi Jama Masjid-Harihar Mandir dispute at Sambhal in Uttar Pradesh on Hindu side plea.
Justice Rohit Ranjan Agarwal, who reserved the judgment last week after hearing submissions made by the masjid committee, the Archeological Survey of India (ASI) and Hari Shanker Jain, the plaintiff in the suit before Sambhal court, also said that the suit filed by the Hindu side is prima facie not barred.
The High Court order came on a revision petition filed by the Masjid Committee challenging an order of the Sambhal district court ordering for survey of the Shahi Jama Masjid on a plea by the Hindu side, which has claimed that the said mosque was previously a Harihar temple.
High court earlier had stayed further proceedings on the Hindu side suit pending before Sambhal court
The high court earlier stayed the further proceedings of the original suit filed by the Hindu side and pending before the district court at Sambhal till the next date of hearing.
The Masjid Committee alleged in its plea that the Hindu side filed the suit in the afternoon of November 19, 2024 and the judge appointed an advocate commissioner within hours and directed the advocate commissioner to carry out an initial survey at the Jama Masjid, which was done on the same day, i.e. on November 19, and again on November 24 last year.
Sambhal court ordered survey of Shahi Jama Masjid last year
The Sambhal court, while hearing Hindu side plea seeking the survey of the Shahi Jama Masjid by an advocate commissioner, had on November 19 last year had ordered for the survey of the mosque. The court, while taking note of the arguments made by the Hindu side, said that it is probable that the survey report will facilitate the court in deciding the present case and ordered for the survey of the Shahi Jama Masjid. It had also directed that a report of the survey be filed before it.
Supreme Court earlier directed Sambhal court to halt proceedings
The Supreme Court earlier, while hearing a plea filed by the Committee of Management, Shahi Jama Masjid, Sambhal against the order of the Sambhal court and seeking a stay on the order, directed the Sambhal court to halt proceedings in the case and not to pass any order related to survey of the Shahi Jama Masjid and not to open any survey report till the matter is heard by the appellate court.
Apex court also directed Uttar Pradesh government to maintain peace and harmony in Sambhal
The apex court also directed the state government of Uttar Pradesh to maintain peace and harmony in Sambhal where four people lost their lives and several others were injured in the November 24 violence during a protest against a court-ordered survey of the Shahi Jama Masjid.
