High Court Clears Path for ASI Survey of Sambhal Jama Masjid: Major Setback for Muslim Side

KKN Gurugram Desk | In a significant judicial development, the Allahabad High Court has rejected the petition filed by the Jama Masjid Intazamiya Committee of Sambhal, effectively clearing the way for an Archaeological Survey of India (ASI) investigation of the Sambhal Jama Masjid premises.

The verdict deals a major setback to the Muslim side, which had sought to halt the survey ordered by a lower civil court. The High Court, however, dismissed the revision plea, stating that the civil suit concerning the property is maintainable and does not violate the Places of Worship (Special Provisions) Act, 1991.

Background: Civil Suit Claims Masjid Built on Temple Ruins

The dispute stems from a civil suit filed in Sambhal District Court by Hari Shankar Jain and seven others. In the suit, the plaintiffs claim that the Sambhal Jama Masjid was constructed after demolishing an ancient Hindu temple, allegedly called the Harihar Mandir.

They further allege that the mosque was built in 1526 by Mughal emperor Babur, on the site of the demolished temple. Based on this claim, they have requested the court to grant permission for Hindu devotees to worship at the location, asserting that the current Jama Masjid was originally a Hindu place of worship.

Court Proceedings and Timeline

The Civil Suit Filing

According to court documents, the civil suit was filed on 19 November 2024, and on the same day, the presiding Civil Judge (Senior Division) of Sambhal appointed an Advocate Commissioner to conduct a preliminary ASI survey of the mosque premises.

The initial survey was conducted on 19 November and 24 November 2024, and the Commissioner was instructed to submit a detailed report by 29 November 2024.

Intazamiya Committee’s Objection

The Intazamiya Committee filed a revision petition challenging both the maintainability of the civil suit and the speed at which the court proceedings progressed. They argued that the suit was filed and an Advocate Commissioner was appointed within hours, thereby denying them fair hearing and adequate response time.

The committee also invoked the Places of Worship Act, 1991, arguing that the suit violates the provisions of the Act, which seeks to preserve the religious character of any place of worship as it existed on 15 August 1947.

High Court Ruling: Survey Will Proceed

The case was heard by Justice Rohit Ranjan Agarwal in an open court on Monday, 19 May 2025. After hearing arguments from both sides — including counsel representing the Intazamiya Committee, Hari Shankar Jain, and the ASI — the court delivered a decisive verdict.

The High Court:

• Rejected the revision petition filed by the mosque committee

• Affirmed the maintainability of the civil suit

• Allowed the ASI survey to proceed, dismissing the request for a stay

• Declared that the 1991 Worship Places Act does not bar civil proceedings in this matter

This ruling revokes the interim stay previously imposed on further proceedings by the civil court.

Legal Standpoint: Why the 1991 Act Doesn’t Apply

One of the main points of contention was the applicability of the Places of Worship (Special Provisions) Act, 1991. The Act prohibits the conversion of any religious place’s nature as it stood in 1947.

However, the High Court observed that the plaintiffs are not demanding conversion, but rather seeking judicial recognition that the site was originally a Hindu temple. The court added that such a request does not automatically fall foul of the 1991 Act.

This distinction allows the civil proceedings and subsequent ASI investigation to legally continue.

Arguments by Petitioners: Temple Demolition by Babur

The plaintiffs — led by Hari Shankar Jain — presented historical claims that the Harihar Mandir was demolished by Mughal ruler Babur and that the mosque currently standing in its place was constructed using remnants of the temple.

In their suit, they demanded:

• Judicial recognition of the site as a Hindu temple

• Right to worship at the said location

• An ASI survey to verify architectural and structural evidence of temple remains

ASI Survey: What to Expect

With the High Court clearing the path, the ASI (Archaeological Survey of India) is expected to carry out a comprehensive survey of the Jama Masjid premises in Sambhal.

The ASI team will likely examine:

• Architectural structures

• Foundation stones

• Inscriptions and carvings

• Religious symbols or motifs indicative of pre-Islamic architecture

The findings of this survey may play a critical role in the ongoing civil suit and could set legal precedents in similar religious structure disputes.

Impact and Reactions

Political and Religious Reactions

The ruling has already sparked reactions from religious and political circles. Hindu organizations have welcomed the decision, seeing it as a step toward reclaiming historical religious sites. On the other hand, several Muslim groups and secular activists have expressed concern over the possible misuse of judiciary to target religious structures.

The case bears strong resemblance to previous high-profile cases such as:

• Ayodhya Ram Janmabhoomi-Babri Masjid dispute

• Varanasi’s Gyanvapi Mosque-Kashi Vishwanath row

• Mathura’s Shahi Idgah-Krishna Janmabhoomi matter

These cases highlight the delicate balance between historical investigation, religious sentiment, and judicial interpretation.

Legal Experts Weigh In

Prominent legal experts have called the High Court’s decision procedurally sound, noting that the judicial system allows examination of property disputes through civil courts when the claim is supported by historical or archaeological arguments.

Some have emphasized that the court has not ruled on the religious character of the mosque but only allowed the civil trial and ASI survey to proceed — ensuring due legal process is followed.

What Happens Next?

The civil court in Sambhal will now:

• Continue proceedings on the original civil suit

• Receive and review the ASI survey report

• Possibly admit further evidence and witness statements

• Move toward framing issues and beginning trial

Depending on the ASI’s findings and legal arguments presented, the court could either:

• Declare the site to have Hindu origins

• Reject the claims and uphold the status quo

• Refer the matter to higher courts for constitutional interpretation

The Sambhal Jama Masjid case is more than a local property dispute — it may have nationwide legal, political, and religious implications. By clearing the ASI survey and rejecting objections based on the 1991 Worship Places Act, the High Court has set the stage for a full-scale judicial inquiry into the historical origins of the site.

As the nation watches closely, the outcome of this case may influence how courts handle similar claims in the future, and how history, religion, and law intersect in contemporary India.