Allahabad High Court Clears Path for Sambhal Mosque Survey, Dismisses Review Plea

 In a significant legal development, the Allahabad High Court on May 19, 2025, dismissed a review petition filed by the Committee of Management of the Shahi Jama Masjid in Sambhal, Uttar Pradesh. The petition had sought to challenge an earlier order passed by a Sambhal civil court directing a court-monitored survey of the mosque premises following claims that the structure was built over a pre-existing Hindu temple.

Background of the Dispute

The case stems from a civil suit filed by Hindu plaintiffs, including advocate Hari Shankar Jain, who alleged that the Shahi Jama Masjid was constructed on the remains of the ancient Harihar Temple. These claims prompted the Sambhal district court in November 2024 to appoint a court commissioner to conduct a survey of the mosque premises to ascertain historical and archaeological facts.

The mosque management committee challenged the trial court’s order, asserting that the suit was not maintainable and that such a survey would violate the sanctity and status of a religious structure protected under law. The Shahi Jama Masjid, built in 1526 during the reign of Mughal emperor Babur, is recognized as a protected monument under the Ancient Monuments Protection Act of 1904.

Violence and Legal Escalation

Tensions flared during the second phase of the court-ordered survey on November 24, 2024, resulting in violent clashes that led to five deaths and dozens of injuries. In response to the rising unrest, the Supreme Court of India intervened on November 29, 2024, and stayed the proceedings in the Sambhal civil court pending a decision from the Allahabad High Court on the maintainability of the suit and the legality of the survey.

High Court Verdict

Delivering its verdict on the matter, the Allahabad High Court upheld the trial court’s decision to appoint a court commissioner and allowed the civil suit to proceed. The bench dismissed the mosque committee’s contention that the plaintiffs' claims lacked legal standing, noting that the question of maintainability should be examined during the trial and not at the preliminary stage.

The Court emphasized that ordering a survey does not, in itself, imply a verdict on the dispute, but is a preliminary step to determine facts relevant to the case.

Reactions and Future Course

The decision has sparked mixed reactions. While Hindu litigants welcomed the verdict as a step toward uncovering historical truths, the mosque committee expressed disappointment and indicated plans to explore further legal remedies, possibly approaching the Supreme Court again.

Union Minister Giriraj Singh praised the decision, calling it a “victory for justice and truth,” while local Muslim leaders warned against politicizing religious sentiments and urged for calm and peace.

The Ministry of Home Affairs has reportedly been monitoring the situation closely, with increased security deployments around sensitive sites in Sambhal to prevent any recurrence of violence.

What Lies Ahead

With the High Court’s ruling, the court-commissioned survey is set to resume in the coming weeks under enhanced security arrangements. The case joins a growing list of religious land disputes in India, reminiscent of the high-profile Gyanvapi and Ayodhya cases, underscoring the continued intersections of faith, law, and history in the country’s legal landscape.

The final verdict will rest on the findings of the survey and the evidence presented during the trial, which could take several months or even years. Meanwhile, the case remains a sensitive issue in the region, with calls from both sides for restraint, dialogue, and adherence to constitutional principles.