By Rajesh Pandey
In a significant development related to the religious site dispute in Sambhal, the Allahabad High Court on Tuesday reserved its judgment on a petition filed by the Sambhal Mosque Management Committee, which had sought a stay on the ongoing trial proceedings before the district court of Sambhal.
The case revolves around the claim made by a group of Hindu petitioners who assert their right to access a place they identify as the Shri Harihar Temple, currently known and used as the Jama Masjid, located in Mohalla Kot Purvi, in Sambhal district, Uttar Pradesh.
The single-judge bench of Justice Rohit Ranjan Agarwal passed the order after hearing arguments at length from all concerned parties, including the mosque committee, the Hindu side, the state government, and the Archaeological Survey of India (ASI).
Background and Current Status
The dispute dates back to November 2024, when a civil suit was filed by Hari Shankar Jain and seven others in the court of the Civil Judge (Senior Division), Sambhal.
The suit claimed that the Shahi Eidgah Mosque, believed to be the present-day Jama Masjid, was constructed by Mughal emperor Babur in 1526 AD after allegedly demolishing a pre-existing temple — the Harihar Mandir.
The plaintiffs demanded a declaration of their right to access and worship at what they believe is the original temple structure, asserting that it had been wrongfully appropriated for mosque use.
On the same day the suit was filed, November 19, 2024, the Sambhal district court swiftly appointed an advocate commissioner to carry out a preliminary site inspection.
The commissioner was directed to visit the site and conduct an initial survey of the mosque structure. This survey was reportedly conducted not only on November 19, but also later on November 24, 2024.
High Court Intervention and ASI Involvement
Challenging the district court’s decision to proceed with the case and the subsequent appointment of the advocate commissioner, the Sambhal Mosque Committee filed a civil revision petition before the Allahabad High Court.
The mosque committee questioned the maintainability of the original civil suit and expressed concern about the hasty judicial actions, particularly the rapid appointment of the advocate commissioner on the very day the case was filed.
In light of this, the High Court earlier issued an interim stay on the district court proceedings, pausing all legal activities in the original suit until further orders.
This stay, as per the latest direction of the court, will continue to remain in effect until the delivery of the final judgment on the revision petition.
During the ongoing proceedings, the Archaeological Survey of India (ASI), which had been directed to conduct an independent and comprehensive survey of the disputed mosque site, submitted its report to the High Court on May 5, 2025.
The report was submitted in digital format (pen drive), and a hard copy of the counter affidavit filed by the ASI was handed over to the counsel representing the mosque committee in the courtroom. Additionally, a counter-affidavit from the state government was also provided to the petitioners’ counsel during the hearing.
Petitioners’ Allegations
The mosque committee, through its legal petition, has alleged procedural irregularities and an undue sense of urgency in the actions of the Sambhal district court.
The committee contended that the civil judge appointed an advocate commissioner and allowed site inspections to take place within mere hours of the filing of the original petition, without providing an adequate opportunity for the mosque authorities to be heard.
The core of the mosque committee’s argument rests on the assertion that no due process was followed, and the suit lacks legal merit as well as maintainability, particularly in the context of existing laws that bar litigation of religious site conversions.
Court’s Observations
After hearing all parties, Justice Rohit Ranjan Agarwal acknowledged the sensitivity and complexity of the issue. On May 14, 2025, the High Court reserved its judgment, effectively putting the ball in the court’s own hands to decide whether the proceedings in the Sambhal district court can continue or if the original suit should be quashed.
Until the judgment is pronounced, the stay on the district court proceedings will continue, thereby providing temporary relief to the mosque committee.
This case is one of several high-profile disputes currently being litigated in courts across India, concerning historical religious structures and their alleged pre-Islamic origins.
With the ASI’s involvement and a broader national focus on such matters, the Allahabad High Court’s forthcoming decision is expected to have far-reaching legal and communal implications.
More clarity is likely to emerge once the court delivers its reserved judgment in the coming days.
