On 19th November, a court-mandated survey was conducted at Jama Masjid in Sambhal, Uttar Pradesh. The court ordered the survey in response to a petition filed by Supreme Court Advocate Vishnu Shankar Jain, and seven co-plaintiffs, asserting that the mosque occupies the site of a temple dedicated to Bhagwan Kalki.
The mosque in question is a protected monument under the Ancient Monuments Preservation Act of 1904.
The survey was carried out under the supervision of Advocate Commission. A heavy police force was deployed in the area to ensure the survey proceeded peacefully.
During the survey, however, Muslims living in the area gathered outside the Jama Masjid and raised religious slogans. The District Magistrate of Sambhal confirmed that the survey was completed in around two hours and stated that a report would be submitted to the Civil Court, which will review it on the next date of hearing, 29th November 2024. OpIndia accessed the petition filed by the plaintiffs in the case.
Who are the petitioners
The petition has been filed in the court by Hari Shankar Jain, a Supreme Court advocate and father of Advocate Vishnu Shankar Jain, along with Parth Yadav of Noida. Other petitioners are Mahant Rishiraj Giri from Mujahidpur, Sambhal; Rakesh Kumar from Hayatnagar, Sambhal; Jitpal Yadav from Tataipur Ghosi Rudayan, Sambhal; Madanpal from Mujahidpur, Sambhal; Ved Pal Singh from Greater Noida; and Deenanath from Shahzadi Sarai, Sambhal. The petitioners have sought access to the historic site for the Hindu community.ubmissions made by the petitioners
In the petition, it has been asserted that the Jama Masjid in Sambhal was constructed on the centuries-old Shri Hari Har Temple, dedicated to Bhagwan Kalki and destroyed by Babar. The petitioners added that the site holds significant religious importance for Hindus and was forcibly and unlawfully converted into a mosque during the Mughal period. The petitioners further argued that it is a centrally protected monument as per the Ancient Monuments Preservation Act of 1904 and is listed as a monument of national importance by the Archaeological Survey of India (ASI).
They contended that, being devotees of Bhagwan Vishnu and Bhagwan Shiv, they have the right to access the temple for worship and homage. They asserted that the right to worship has been denied by the mosque’s management committee. Furthermore, they also accused the Archaeological Survey of India (ASI) of failing to fulfil its statutory duty to ensure public access to the site. They cited Section 18 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, while seeking access to the site.
The petitioners emphasised that the current situation infringes upon their constitutional right to practise their religion and called for immediate action to restore public access to the site.
Historical facts
The petition highlighted the ancient and historical significance of the Shri Hari Har Temple. It stated that the site is revered in Hindu scriptures and known for its association with the prophesied Kalki Avatar. For those who are unaware, Bhagwan Kalki is believed to be the tenth and final incarnation of Lord Vishnu. According to Hindu belief, Kalki will manifest in Sambhal to bring an end to Kaliyuga and usher in the era of Satyuga. The city of Sambhal, located on the banks of the Mahismat River in the heart of Rohilkhand, has had various names over different ages, such as Sabrit or Sambhaleswar in Satyuga, Mahadgiri in Treta Yuga, Pingala in Dwapar Yuga, and Sambhal in Kaliyuga.
The Shri Hari Har Mandir, dedicated to Bhagwan Kalki, was believed to have been created by Bhagwan Vishwakarma at the beginning of creation. Bhagwan Vishwakarma is the celestial architect. The temple holds a unique place in Hindu theology, symbolising the unity of Bhagwan Vishnu and Bhagwan Shiv as described in Hindu scriptures: “Yatha Shivastatha Vishnu, Yatha Vishnustatha Shivah,” which translates to “As Shiv is, so is Vishnu; as Vishnu is, so is Shiv.” The temple was considered a marvel of ancient architecture. The petition stated that it was a combination of spiritual significance and intricate design.
According to the petition, the temple faced significant destruction during the Mughal invasion. Babur’s lieutenant, Hindu Beg, allegedly partly demolished the temple and converted it into a mosque in 1527–28. The act was reportedly carried out on Babur’s instructions to establish Islamic supremacy and demoralise the local Hindu population.
The reference to this incident is found in Babur’s diary, also known as the Baburnama. It states that Hindu Beg converted the temple into a mosque. The petitioners argued that an inscription inside the mosque mentioning Babur’s name is a later forgery designed to justify the conversion of the temple into a mosque.
Baburnama reads, “Hindu Beg quchin had been Humayun’s retainer in 932 AH (f297) and had taken possession of Sambhal for him. Hence, as it seems, he was ordered, while escorting the ladies from Kabul, to go to Sambhal. He seems to have gone before waiting to Babur, probably not coming into Agra till now. It may be noted here that in 933 AH he transformed a Hindu temple into a Mosque Sambhal; it was done by Babur’s orders and is commemorated by an inscription still existing on the Mosque, one seeming not to be of his own composition, judging by its praise of himself.”
Furthermore, the petition mentioned that during the reign of Akbar, the Ain-i-Akbari was written, which also referred to a prominent temple in Sambhal named Hari Mandir. The text described the temple as being dedicated to Bhagwan Vishnu and the prophesied birthplace of Bhagwan Kalki’s avatar. It further highlighted that the temple held importance during Akbar’s time, suggesting that Hindus had temporarily reclaimed the site before subsequent Mughal interventions.
Ain-i-Akbari read, “There is game in plenty in the Sarkar of Sambel (Sambhal), where the rhinoceros is found.! It is an animal like a small elephant, without a trunk, and having a horn on its snout with which it attacks animals. From its skin, shields are made and from the horn, finger-guards for bow-strings and the like. In the city of Sambal is a temple called Hari Mandal (the temple of Vishnu) belonging to a Brahman, from among whose descendants the tenth avatar will appear in this spot. Hansi is an ancient, the resting-place of Jamal the successor of Shaikh Farid-i-Shakar ganj.“
According to the petition, several archaeological surveys were conducted in Sambhal during 1874–76 by Major-General A. Cunningham, who was then Director General of the ASI. He wrote a report titled “Tours in the Central Doab and Gorakhpur”, which mentioned the architectural elements of the temple that survived the conversion.
Some parts of the book on Sambhal read, “The principal building in Sambhal is the Jami Masjid, which the Hindus claim to have been originally the temple of Hari Mandir. It consists of a central domed room upwards to 20 feet square, with two wings of unequal length, that to the north being 500 feet 6 inches, while the southern wing is only 38 feet 1½ inches. Each wing has three arched openings in front, which are all of different widths, varying from 7 feet to 8 feet.”
It further read, “The Muhammadans ascribe the erection of the building to the time of the Emperor Babar, and point to an inscription inside the masjid, which certainly contains the name of Babar, but which the Hindus assert to be a forgery of late date. On the back of this slab, they say that there is the original Hindu inscription belonging to the temple. Several Musalmans of Sambhal confessed to me that the inscription containing Babar’s name was a forgery, and that the Muhammadans did not get possession of the building until about the time of the mutiny, or a little before it, say about 25 years ago. That they took possession of the building by force; and that there was then a trial about the case in Court before the Judge of the district and that the Muhammadans gained the case mainly by of the forged inscription, and also by all the Muhammadans joining together and bearing false witness against the Hindus, who were in the minority.”
The petition pointed out that Cunningham noted distinct differences between the original Hindu structure and the later Mughal modifications, which included the use of small bricks and mud mortar in the additions. The report mentioned that some remnants of Hindu sculptures and carvings were found under the plaster used by Mughal builders. He documented fluted pillars, sandstone fragments, and other artefacts consistent with Hindu temple architecture.
The history of the temple further extends to links with Prithviraj Chauhan, who was a benefactor of Sambhal. He reportedly built a grand temple of Bhagwan Vishnu, parts of which survived even during Akbar’s reign. The petition stated that the temple represents a unique example of Rajput-period architecture, which retained its Hindu character despite attempts at conversion to a mosque.
The site was officially declared a protected monument under the Ancient Monuments Preservation Act of 1904 and listed as a monument of national importance by the ASI. The petitioners contended that the site is a historical and religious landmark and asserted that they have the right to access it for worship and heritage preservation. The petitioners argued that the site must be recognised and restored to its original purpose as the Shri Hari Har Mandir based on historical narratives supported by religious scriptures, archaeological findings, and colonial-era records.
Vesting of property in Archaeological Survey of India
The petition further drew attention to the legal and administrative history surrounding the control and management of the disputed site. It mentioned the role of ASI in preserving the monument. It was declared a protected monument on 22nd December 1920 via a notification issued by the Secretary to the Government of United Provinces under Section 3(3) of the Act. The petitioners argued that it placed the site under the supervision and control of the ASI. Thus, ASI should be the legal custodian responsible for the upkeep, management, and the facilitation of public access.
As per the Ancient Monuments Preservation Act of 1904 and then under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the ASI has the legal mandate to protect and manage the monuments of historical significance. ASI is responsible that public access to these monuments is maintained as per the Section 18 of the 1958 Act.
The petitioners argued that the ASI failed in its statutory duty to provide proper access to the public especially when there is an ongoing religious dispute on the site. The inaction of the ASI has allowed the management committee of the Jama Masjid to restrict the access to the site. The petitioners argued that it is in the violation of the rights of the Hindu devotees to worship at the site, which they believe is the original site of Shri Hari Har Temple that was destroyed by the Mughals.
Furthermore, the petitioners said that ASI did not take necessary steps to secure the site to maintain the historical integrity and prevent removal or destruction of the artefacts and symbols that may prove its Hindu origins. It is a failure of the ASI to fulfil the legal obligation under the said Acts, argued the petitioners.
Prayer
The petitioners sought a multi-fold relief with aim to reclaim the access to the site and ensuring that it is managed by ASI. They further requested the court to issue declaratory decree to affirm their rights to access the site. Furthermore, they asked for a mandatory injunction directing the ASI and relevant government authorities including Ministry of Home Affairs and Ministry of Culture to make provisions to allow access to the site. They also sought orders directing Masjid Committee not to restrict the access to the site.
