NEW DELHI: The Allahabad high court has dismissed a plea by the Committee of Management, Shahi Jama Masjid, which sought to declare the Shahi Idgah mosque in Sambhal as a disputed structure. The committee had challenged an earlier order by a local Sambhal court that allowed a survey of the mosque premises, but the high court upheld the validity of both the suit and the order to appoint a court commissioner.Justice Rohit Ranjan Agarwal had ruled that the suit was not barred under the Places of Worship (Special Provisions) Act, 1991, stating that the plaintiffs were only seeking access to a protected monument under the 1958 Ancient Monuments and Archaeological Sites and Remains Act, rather than attempting to alter the religious character of the site.The suit had been filed by lawyer Hari Shankar Jain and others, claiming that the Shahi Idgah mosque was built by Mughal emperor Babur in 1526 after demolishing the Harihar Mandir. The plaintiffs argued for the right to access the site, located in Mohalla Kot Purvi, Sambhal.The high court dismissed the revision plea, stating, “Revision fails and is hereby dismissed. Interim order stands vacated. Suit to proceed.”Lawyers on both sides acknowledged the ruling followed legal procedure. Hindu side counsel Shri Gopal Sharma welcomed the judgment, while Muslim side advocate Shakeel Ahmed Warsi said it reflected due process.
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