HC rejects plea against Sambhal mosque survey

The Allahabad High Court on Monday dismissed a petition by the Sambhal mosque committee challenging a controversial trial court decision last year that ordered a survey of the Mughal-era mosque that triggered violence and resulted in the deaths of four people.

- Jitendra Sarin

Tension has simmered in the Uttar Pradesh town since November last year when a civil court directed the advocate commissioner to conduct a survey of the Mughal-era Shahi Jama Masjid on a suit filed by Hindu groups that the Islamic structure was built after demolishing a temple.

In a 45-page judgment, the high court rejected the claim of the mosque committee that the Hindu groups' petition was prima facie barred by the Places of Worship Act, 1991, which locks the religious character of any place of worship as it existed on August 15, 1947.

"This is not a case where any conversion of place of worship is taking place or any religious character of place of worship is being changed. Plaintiffs have only sought right to access to a protected monument declared in the year 1920 under Section 18 of the Ancient Monument and Archaeological Sites and Remains Act, 1958," the high court said.

"I find that court below had not committed any error, irregularity or illegality in granting leave to institute the suit... Revision fails and is hereby dismissed. Interim order stands vacated. Suit to proceed. No order as to cost," Justice Rohit Ranjan Agarwal The decision marks a setback for the mosque committee that argues that the Hindu petition violates the 1991 law. Last December, the Supreme Court issued a nationwide directive restraining all courts from entertaining fresh suits or passing orders to survey mosques to determine whether temple structures lie beneath them, till the top court adjudicates on challenges to the Places of Worship Act.