A civil court in Sambhal, Uttar Pradesh on November 19 directed an advocate commissioner to conduct a survey of the Shahi Jama Masjid in Sambhal.
The direction was issued in response to a plea filed by advocate Hari Shankar Jain and seven others, who had claimed that the mosque was constructed over a demolished temple during the Mughal era.
The civil judge (senior division) Aditya Singh has appointed Ramesh Raghav as the advocate commissioner to conduct a survey and submit report by November 29.
"It may be easier for the court to adjudicate the case if a report about the situation (at the site in question) comes (before the court). Therefore, in the interest of justice, Application 8C is accepted with the condition that at the time of the survey, the appointed Advocate Commissioner should get photography and videography done on the spot of the entire proceeding ... Advocate Commissioner is directed to prepare the incident report in light of Application 8C and ensure that it is presented in court by the scheduled date," the order stated.
The mosque, reportedly constructed on orders of the first Mughal emperor Babar, is recognized as a historic monument on the official website of Sambhal district.
However, the Hindu plaintiffs argue that the site originally housed an ancient temple dedicated to Kalki, the prophesied final incarnation of Vishnu.
The plaintiffs have asserted that the site is being forcibly and unlawfully used by the Jama Masjid caretaking committee.
According to Advocate Vishnu Shankar Jain, who represents the plaintiffs, Babar partially demolished the Hari Hari temple in 1529 to convert it into a mosque.
The plaintiffs added they are being denied access to the mosque, as the Archaeological Survey of India (ASI) has failed to facilitate public entry as required under Section 18 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. In their suit, the plaintiffs also pointed out that the mosque was a monument safeguarded under Section 3(3) of the Ancient Monuments Preservation Act, 1904.
[Read Order]