UP Sambhal violence: what is the row around the Shahi Jama Masjid

The petition was filed on Tuesday afternoon, and within hours, the judge appointed an advocate commissioner and directed him to carry out an initial survey at the mosque, which was done the same day. The court also directed that a report of the survey be filed before it by November 29.

What is the Jama masjid in Chandausi?

The Jama Masjid “is a protected monument”, notified on December 22, 1920 under Section 3, sub-section (3) of Ancient Monuments Preservation Act, 1904. It has been “declared as Monument of National importance and figures on the website of ASI, Agra circle Moradabad division” in the list of centrally protected monuments.

Who has filed the case?

A total of eight petitioners have filed the case in the Sambhal court. These include advocate Hari Shankar Jain, who is also a lawyer in the Gyanvapi mosque-Kashi Vishwanath dispute; Advocate Parth Yadav; and Mahant Rishiraj Giri, the mahant of the Kalki Devi temple in Sambhal. Other petitioners are Noida resident Ved Pal Singh; Sambhal residents Rakesh Kumar, Jitpal Yadav, Madanpal, and Deenanath.

What does the petition say?

The plea claims there is a “centuries old Shri Hari Har Temple dedicated to Lord Kalki in the heart of city of Sambhal which is being used forcibly and unlawfully” by the Jama Masjid Committee.

The petition says that “Sambhal is a historical city and holds unique significance deeply rooted in Hindu Shastras, according to which it is sacred site where an incarnation of Lord Vishnu known as Kalki manifest in the future, a Divine figure yet to make an appearance”.

“Kalki is believed to be tenth and last incarnation of Lord Vishnu, destined to arrive in Kalyuga. His descent is believed to herald the end of the dark and tumultuous Kalyuga ushering in the next age, known as Satyuga,” says the plea under the heading “historical facts”.

The petition says that that “Hindu scriptures confirm that in ancient times a unique ‘Vigrah’ consisting of Lord Vishnu and Lord Shiva emerged and due to this reason, it is called ‘Shri Hari Har’ temple. It says that “Shri Hari Har temple of Sambhal was made by Lord Vishwakarma Himself in the beginning of the universe”.

It further says that Babar invaded India in 1526 AD and “destroyed a number of Hindu temples to show the might of Islam to make the Hindus feel that they are subjects of Islamic ruler”.

The plea says that “in 1527-28 Hindu Beg, the Lieutenant of Babar Army partly demolished Shri Hari Har temple at Sambhal” and that “the Muslims occupied the temple building to use the same as mosque”.

The petitioners say that the monument is protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and under section 18 of the Act, the public has the “right of access to protected monument”.

It says that the public “has right of access to the subject property in accordance with Rule 5 of The Ancient Monuments and Archaeological Sites and Remains Rules,1959.

What have the petitioners said about the ASI?

The plea says that the “ASI has failed to have control over the subject property and they are not taking any action”. “The Officers of ASI are silent spectator and they have succumbed to the pressure exerted by members of Muslim community,” it says.

What relief have the petitioners sought from the court?

The plea has asked the court to pass an order allowing the petitioners the “right of access into Shri Hari Har Temple/alleged Jama Masjid”.

They have asked the court to pass an order commanding the defendants (mosque committee, Union government, ASI) “to make appropriate provisions for giving access to the members of public within” the mosque.

The petitioners have also sought from the court an order in the nature of “permanent injunction restraining the defendants, their officers, workers and every person acting under them from creating any hurdle or obstacle in entering the Plaintiffs and the members of the public into” the structure.

What has the Muslim side said?

Reacting to the survey of the Jama Masjid, Samajwadi Party MP from Sambhal, Ziaur Rehman Barq, said, “Outsiders have attempted to disrupt the communal harmony of the district by filing a petition of this nature in court. The Supreme Court has already stated that, according to the Worship Act of 1991, all religious places that existed in 1947 will remain in their current locations. Jama Masjid in Sambhal is a historic site where Muslims have been offering prayers for several centuries. We have the right to appeal to the high court if we do not receive a satisfactory order from the local court.”