The Allahabad High Court on Tuesday referred to the Sambhal Jama Masjid as a “disputed structure”, accepting a demand from the Hindu petitioners in an ongoing legal battle over the 16th-century mosque’s ownership.
The ruling came during a hearing on a petition filed by the mosque management committee, which sought permission to whitewash the Mughal-era mosque. The court also instructed the stenographer to use the term “disputed structure” when referring to the Shahi Masjid, further intensifying the already contentious legal proceedings.
The Origins of the Dispute: Temple or Mosque?
The dispute over the Sambhal Jama Masjid began after Hindu petitioners alleged that the mosque was built over a demolished Hindu temple, Harihar Mandir, during the reign of Mughal emperor Babur. The controversy escalated when a court-ordered survey last November triggered large-scale violence in Sambhal, as thousands protested against the move.
The case has now become a high-profile legal battle, drawing parallels to the Ayodhya Ram Mandir dispute and similar cases in Varanasi’s Gyanvapi mosque and Mathura’s Krishna Janmabhoomi site.
Mosque Committee vs. ASI: The Whitewashing Controversy
The mosque management committee had filed a petition requesting permission to whitewash and maintain the structure. However, the Archaeological Survey of India (ASI) submitted a report stating that no whitewashing was required at the moment.
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During the hearing, Advocate Hari Shankar Jain, representing the Hindu side, challenged the mosque committee’s claims that they were responsible for the mosque’s upkeep under a 1927 agreement. He argued that the ASI, as the official custodian, should oversee any restoration or maintenance work.
Accepting the Hindu petitioners’ demand, the court ordered the stenographer to refer to the mosque as a “disputed structure”, marking a significant shift in how the case is legally framed.
UP CM Yogi Adityanath Backs Hindu Petitioners
The case has also garnered attention from Uttar Pradesh Chief Minister Yogi Adityanath, who alleged that historical Hindu sites and pilgrimage centers had been erased over time.
“An attempt was made to erase signs of 68 pilgrimage sites and 19 wells in Sambhal. We have rediscovered 54 of them, and all 19 wells have been identified. Whatever is ours, we should get it back,” CM Yogi said in the Uttar Pradesh Assembly.
This statement aligns with the state government’s recent push to restore and renovate ancient Hindu temples and structures, a key issue in the 2024 Lok Sabha elections.
The Allahabad High Court has scheduled the next hearing for March 10, 2025, when the ASI will submit its response regarding the whitewashing dispute. The ruling could further impact the legal status of the Sambhal Jama Masjid and fuel ongoing tensions between both communities.
