By Rajesh Pandey
In the ongoing legal dispute concerning the Jama Masjid and the purported Harihar Temple located in Sambhal, the Archaeological Survey of India (ASI) on Monday submitted its survey report to the Allahabad High Court. The report was presented in digital format via a pen drive, in compliance with court procedures.
Additionally, the ASI submitted a hard copy of its counter-affidavit directly to the counsel representing the revisionist party during the court proceedings. A separate counter affidavit was also provided by the state government and served to the same counsel.
Taking official cognizance of both counter affidavits—filed by the ASI and the state government—Justice Rohit Ranjan Agarwal directed that the matter be listed afresh for hearing on May 13, 2025.
The case under consideration arises from a revision petition filed by the Masjid Committee, which challenges a lower court order in Sambhal that had directed a survey of the contested site through an advocate commissioner.
Earlier, the Allahabad High Court had imposed a stay on further proceedings in the trial court regarding the original civil suit. That suit was filed by members of the Hindu community, who claimed the right to access and worship at the Shri Harihar Temple, which they assert lies beneath the Jama Masjid situated in Mohalla Kot Purvi in the Sambhal district. This stay order will remain in effect until the next date of hearing, as confirmed by the court.
The current civil revision petition was filed following directions from the Supreme Court, and it contests not only the proceedings of the case at the Sambhal district court but also challenges the very maintainability of the original suit.
According to the petition, the civil suit was filed on the afternoon of November 19, 2024. Within a few hours of its filing, the Sambhal civil judge (senior division) had appointed an advocate commissioner to conduct an initial site inspection. The preliminary survey was carried out on the same day and again on November 24, 2024.
The original suit was filed by Hari Shankar Jain and seven other petitioners representing the Hindu side. They alleged that the Shahi Eidgah Mosque was constructed on the ruins of a pre-existing temple—the Harihar Mandir—by Mughal emperor Babur around the year 1526.
The local court had initially accepted this plea from the Hindu petitioners and subsequently ordered a site survey through the advocate commissioner. The results of this preliminary survey have now been formally submitted to the High Court.
The case continues to attract significant attention due to its sensitive nature, touching upon religious sentiments and historical claims. With the next hearing scheduled for May 13, all eyes will remain on the Allahabad High Court’s further directives in this matter.