The affidavit was filed in response to a suit initiated by Advocate Hari Shankar Jain in the Court of Civil Judge, Sambhal, where an ex-parte order was passed on November 19, appointing an Advocate Commissioner to conduct a survey of the Shahi Jama Masjid mosque.
Sambhal: The Archaeological Survey of India (ASI) has accused the Jama Masjid Management Committee of obstructing its inspection of the Shahi Jama Masjid in Chandausi, a centrally protected monument, according to a written statement and affidavit submitted to a Sambhal court.
The ASI claimed that its officials have faced prolonged resistance from the committee, preventing consistent access to assess the monument’s condition.
The affidavit was filed in response to a suit initiated by Advocate Hari Shankar Jain in the Court of Civil Judge, Sambhal, where an ex-parte order was passed on November 19, appointing an Advocate Commissioner to conduct a survey of the Shahi Jama Masjid mosque.
The survey took place on the same day. Earlier that day, a separate civil suit was filed in the same court seeking an injunction to prevent the mosque management from obstructing access to the mosque, which the plaintiff claims is a temple.
The affidavit states,
“It is submitted that the situation is also very tough for ASI. Even ASI officers were not allowed to enter the monument for inspection. However, with support from the District Administration, ASI has conducted inspections of the monument from time to time.”
It further mentions that the last inspection took place on June 25, 2024, with the previous inspection having occurred in 1998.
In the affidavit, the ASI stated, “Officials have been prevented from entering the monument for a long time by committee members, so the present status of the site is unknown to the ASI.”
The agency emphasized that these challenges have resulted in sporadic inspections and a lack of clarity regarding the monument’s current state. However, it acknowledged conducting limited inspections with support from the district administration.
Vinod Singh Rawat, the Superintending Archaeologist of the ASI’s Meerut circle, signed the affidavit, which included findings from an inspection on June 25, 2024. The inspection revealed unauthorized changes, such as bright interior colors and structural alterations, compromising the monument’s original form.
The ASI noted,
“The monument has been significantly distorted with observed additions, modifications, and interventions,” and mentioned issuing complaints to local authorities and serving show-cause notices whenever modern alterations were identified.
The affidavit is a response to a lawsuit filed by eight plaintiffs, including Mahant Rishiraj Giri, who allege that the mosque was built in 1526 after the demolition of the ancient Hari Har Temple dedicated to Lord Vishnu’s Kalki avatar, on orders from Mughal ruler Babar.
The case has escalated legally, with the Supreme Court recently directing the Sambhal trial court to pause proceedings against the mosque. This order will remain in effect until the Masjid Committee’s plea challenging the survey is reviewed by the Allahabad High Court. Additionally, the Supreme Court ordered the Advocate Commissioner’s survey report to remain sealed until further instructions.
On November 29, the Supreme Court instructed the mosque management to approach the Allahabad High Court to challenge the Civil Court’s order for a survey of the mosque. The Court also directed the Civil Court to refrain from proceeding with the matter until the High Court hears the case. Additionally, the Supreme Court ordered that the Advocate Commissioner’s report be kept in a sealed cover and not be opened.
During the hearing, Chief Justice of India Sanjiv Khanna urged the counsel for the Sambhal district administration to “ensure peace and harmony is maintained” and emphasized the need for neutrality to avoid any issues.
The Bench clarified that it had not expressed any opinion on the merits of the case and that it would keep the current Special Leave Petition pending while the High Court considers the matter.
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