New Delhi: The Supreme Court of India is set to hear on Monday, April 20, a plea filed by the Muslim side challenging a survey order issued by a court in Chandousi regarding the Shahi Jama Masjid in Uttar Pradesh’s Sambhal district.
As per the cause list published on the apex court’s website, a Bench of Justices PS Narasimha and Alok Aradhe will hear the matteron Monday. The petition has been moved by the mosque committee opposing the survey exercise ordered in connection with the ongoing dispute over the Shahi Jama Masjid, which Hindu plaintiffs claim was built over a pre-existing temple structure.
Earlier, the top court had directed both Hindu and Muslim parties to maintain the status quo at the disputed site while hearing a special leave petition (SLP) challenging the Allahabad High Court’s refusal to stay the survey proceedings.
The dispute pertains to claims by the Hindu side that the mosque stands on the ruins of an ancient Harihar temple allegedly demolished during the Mughal period.
On the other hand, the mosque committee has contested the maintainability of the suit and raised objections over the manner in which the survey was ordered. The controversy intensified after the Allahabad High Court upheld the Chandousi trial court’s direction permitting a survey of the site, finding no legal infirmity in the order.
The Allahabad High Court had also dismissed the mosque committee’s plea seeking a stay on the proceedings. Subsequently, the mosque committee approached the apex court, arguing that the survey order was passed without granting it an adequate opportunity to be heard and in violation of established legal principles.
The matter assumes significance in light of the Places of Worship Act, 1991, which bars the conversion of places of worship and mandates the maintenance of their religious character as it existed on August 15, 1947.
However, the Hindu side contends that the dispute lies beyond the scope of the Act, referring to provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The Shahi Jama Masjid dispute had earlier witnessed tensions on the ground, with violence erupting in Sambhal during a court-ordered survey, which had resulted in multiple fatalities.
In its submissions before the court, the Archaeological Survey of India (ASI) has stated that the Shahi Jama Masjid is a centrally protected monument and cannot be treated as a place of public worship in the absence of supporting records.
