The Supreme Court of India is scheduled to hear a plea on Monday filed by the Muslim side challenging a survey order related to the Shahi Jama Masjid in Uttar Pradesh’s Sambhal district. The petition, moved by the mosque committee, opposes the survey exercise ordered amidst the ongoing dispute where Hindu plaintiffs claim the mosque was built over a pre-existing temple structure. Earlier, the top court had instructed both Hindu and Muslim parties to maintain the status quo at the disputed site while considering a special leave petition challenging the Allahabad High Court’s decision not to halt the survey proceedings.
The dispute revolves around claims by the Hindu side that the mosque stands on the remains of an ancient Harihar temple supposedly demolished during the Mughal era. On the other hand, the mosque committee has raised objections over the suit’s maintainability and the manner in which the survey was ordered. The controversy escalated after the Allahabad High Court upheld the Chandousi trial court’s decision allowing a survey of the site, finding no legal flaws in the order.
The mosque committee, dissatisfied with the proceedings, approached the apex court, arguing that the survey order was issued without granting them a fair hearing and violated established legal principles. This case is significant due to the Places of Worship Act, 1991, which prohibits the conversion of places of worship and requires the preservation of their religious character as of August 15, 1947. However, the Hindu side argues that the dispute falls outside the Act’s scope, citing provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The Shahi Jama Masjid dispute had previously led to tensions on the ground, with violence erupting in Sambhal during a court-ordered survey, resulting in multiple fatalities. The Archaeological Survey of India (ASI) has informed the court that the Shahi Jama Masjid is a monument under central protection and cannot be considered a place of public worship without supporting records.
