Prayagraj, May 19: The Allahabad High Court rejected Jama Masjid Intezamia Committee’s review petition. Muslim side has got a big setback due to this order of the court.
The High Court considered the suit filed by Hindu side regarding Sambhal’s Shahi Jama Masjid as maintainable. The High Court refused to intervene on the lower court’s order for commission’s investigation.
Also, the High Court has not interfered in commission’s investigation and continuation of the filed suit. Along with this, the court cancelled the interim order passed earlier.
This order was given by the court of Justice Rohit Ranjan Agarwal on Monday on the review petition of Jama Masjid Intezamia Committee.
In its detailed order, the court considered the suit filed by Hindu side as maintainable, citing the provisions of the Civil Procedure Code. With this order of the High Court, the way has been cleared for Sambhal Jama Masjid survey case. In the revision petition, the Intezamia Committee had challenged the maintainability of the civil suit. In the revision petition of Sambhal Jama Masjid Intezamia Committee, a stay was sought on further court proceedings of the original suit pending in Sambhal District Court.
In this case, the plaintiff of the Hindu side has demanded that they have the right to enter the Shri Harihar temple located in Mohalla Kot Purvi of Sambhal district, which is allegedly the Jama Masjid. In this case, the court of Justice Rohit Ranjan Agarwal had reserved the decision after the completion of the hearing on May 13.
Advocate Hari Shankar Jain and seven others have filed a suit in the court of Civil Judge Senior Division Sambhal, in which it has been argued that the Jama Masjid located in Kot Purvi of Sambhal was built after demolishing a temple.
The plaintiff has demanded the right to enter the Shri Harihar temple. The civil court, while hearing the case, had directed the Archaeological Survey of India (ASI) to conduct a survey with the Advocate Commissioner and also questioned the maintainability of the suit.
The High Court had stayed the proceedings of the original suit pending before the Civil Court of Sambhal. On the review petition of the Jama Masjid Intezamia Committee, the High Court had directed the ASI to file a reply within two weeks. The court gave further time as no affidavit was filed.
This review petition was filed after the order of the Supreme Court, challenging the maintainability of the suit along with the entire proceedings before the Civil Court of Sambhal.
The petition said that the suit was filed on the afternoon of 19 November 2024 and within a few hours the court appointed an Advocate Commissioner.
He was also directed to conduct a preliminary survey in the mosque which was done on the same day i.e. on 19 November and then on 24 November 2024. The court had also directed that the survey report be filed by 29 November. On November 19 itself, the civil court accepted the Hindu side’s argument that the mosque was built by Mughal emperor Babur after demolishing the Shri Harihar temple in Sambhal in 1526.
