Allahabad High Court agrees to refer to Sambhal Mosque as 'disputed structure'
Allahabad High Court has designated the Sambhal Jama Masjid as a 'disputed site' while hearing a petition by the mosque committee seeking permission for whitewashing, amid claims that the structure was built over a demolished Hindu temple.
On Nov 24th, 2024, violence erupted during a court-ordered Archaeological Survey of India (ASI) survey of the Shahi Jama Masjid, a 500-year old mosque in Sambhal, protected by ASI, in Uttar Pradesh.
Hindus consider Sambhal as sacred as many puranas and other texts consider the city to be the birthplace of Kalki, the tenth avatar/incarnation of Lord Vishnu.
The Shahi Jama Masjid, located in Sambhal, has been at the center of dispute following claims that it was constructed on the ruins of a Shri Hari temple allegedly demolished by the Mughal ruler Babur in the early 16th century.
The ownership of the 16th-century monument became a legal matter after a complaint alleged that a Hindu temple, Harihar Mandir, was demolished by Babur to construct the mosque. A court-ordered survey triggered large-scale violence in Sambhal, as a sizeable crowd opposed the move in November last year.
The High Court on Tuesday (March 4, 2025) agreed to refer to the Sambhal Jama Masjid as a "disputed site" while hearing a petition from the mosque management committee seeking permission to whitewash the Mughal-era structure.
The court also instructed the stenographer to refer to the Shahi Masjid as a "disputed structure" following a demand from the Hindu side.
The High Court was hearing a petition filed by the mosque committee seeking permission to carry out whitewashing of the structure, opposing an Archaeological Survey of India (ASI) report that stated there was no need for whitewashing at this time.
Advocate Hari Shankar Jain challenged the committee's claim that it was responsible for the mosque's maintenance under a 1927 agreement, arguing that the responsibility lies with the ASI.
While delivering its order, Advocate Jain requested the bench to refer to the mosque as a "disputed structure," and the court agreed, LiveLaw reported. The bench then instructed the stenographer to use the term "disputed structure" for the mosque.
On February 28, the court directed the Archaeological Survey to undertake the cleaning work of the masjid, including the removal of dust and vegetation both inside and around the area.
Advocate Jain, in his affidavit, claimed that the masjid committee had made substantial changes to the building and painted the walls and pillars without seeking permission from ASI to deface and hide the Hindu signs and symbols. Jain is the key petitioner in the main plea coming the presence of a temple at the mosque's place.
The Uttar Pradesh administration has recently undertaken extensive efforts to restore and renovate ancient Hindu structures, including temples and wells across the region.
Speaking on the matter in the state assembly, Uttar Pradesh Chief Minister Yogi Adityanath alleged that there had been mischievous attempts to erase traces of several pilgrimage sites and wells in the region.
"As a part of the mischief, an attempt was made to erase the signs of 68 pilgrimages and 19 wells of Sambhal. It was our job to find them. We searched for 54 pilgrimages and also found 19 wells. Whatever is ours, we should get it. Nothing else apart from this," the Chief Minister said.
The court will hear the matter regarding the whitewashing on March 10, when the ASI is scheduled to submit its response.
The ASI survey was initiated following claims that the mosque was constructed on the ruins of a Hindu temple allegedly demolished during the Mughal period.
While the first survey had proceeded peacefully, tension escalated during the second survey when the wuzu khana (ablution tank) used before prayer in the mosque, had been drained, allegedly to check the depth, leading to rumours of the mosque being dug up.
The President of the Masjid committee tried to convince people that the mosque was not being broken. While some were reassured and left, others remained enraged.
ends
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