Allahabad High Court upholds Sambhal survey order, rejects mosque panel's plea
The Allahabad High Court on Monday upheld the order for a survey of the Shahi Jama Masjid in Uttar Pradesh's Sambhal, dismissing the Mosque Committee's plea challenging the trial court's November 2024 order on a petition alleging that a temple was dismantled to construct the Mughal-era mosque.Massive violence erupted in Sambhal on November 24, 2024, when a mob gathered to stop the Advocate Commission team -- which arrived for the survey at the 500-year-old mosque -- and clashed with the police.advertisementProceedings at the trial court level were stayed by the Supreme Court, with a directive that no further action be taken until the High Court addressed the mosque committee's petition against the survey order.
With the order from the single bench of Justice Rohit Ranjan Agarwal, the survey case is now expected to proceed in the Sambhal district court.The mosque committee has filed a civil revision petition seeking a stay on the ongoing trial court proceedings in an original suit pending before the district court in Sambhal. It argued that the order for the survey was passed hastily and without issuing them prior notice and also pointed out that the mosque was surveyed twice, once on the same day as the order and again on November 24, the day the violence erupted.advertisementHowever, the Hindu plaintiffs -- advocate Hari Shankar Jain and seven others -- have claimed that the mosque in question was originally the site of an ancient Hari Har Temple, which, in 1526, was partly demolished and converted into a mosque on the orders of the Mughal ruler Babur.The Archaeological Survey of India (ASI), in its response to the court, said that the mosque has been designated as a centrally protected monument, which cannot be characterised as a place of public worship as there were no supporting records for such a claim.The Advocate Commissioner Ramesh Raghav, who led the survey, has already submitted a sealed survey report to the trial court.Must Watch
IN THIS STORY#Sambhal
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
an hour ago
- Hindustan Times
SC dropped probe on Allahabad HC judge Shekhar Kumar Yadav after Rajya Sabha alert
The Supreme Court was preparing to initiate an in-house inquiry into Allahabad high court judge Shekhar Kumar Yadav's controversial speech at a VHP event last year, but dropped the plan after receiving a categorical letter from the Rajya Sabha secretariat that asserted exclusive jurisdiction over the matter, people aware of the matter said. The people cited above confirmed that then Chief Justice of India (CJI) Sanjiv Khanna had set the process in motion to assess whether the judge's conduct warranted scrutiny in the wake of an adverse report from the Allahabad High Court chief justice. However, the move was halted after the Rajya Sabha secretariat's letter in March underlined that the constitutional mandate for any such proceeding lies solely with the chairman of the Rajya Sabha, and ultimately with Parliament and the President. This letter effectively stalled the judiciary's plan to initiate an in-house inquiry – an internal mechanism laid down through judicial precedents to examine complaints of misconduct against sitting judges of the superior judiciary, against Justice Yadav, whose comments at the VHP's December 8, 2024, event in Prayagraj drew widespread condemnation for violating the principles of secularism and judicial impartiality. HT reached out to the Rajya secretariat for a response on the next course of action but did not get one immediately. In February, Rajya Sabha chairman and vice president Jagdeep Dhankhar said that only Parliament and President have the jurisdiction over the matter 'The jurisdiction for the stated subject matter constitutionally lies in exclusivity with the chairman Rajya Sabha and in an eventuality with the Parliament and honourable President. Taking note of public domain information and inputs available, it is expedient that the Secretary General, Rajya Sabha shares this information with the Secretary General, Supreme Court of India,' he said in Parliament on February 13. Justice Yadav, addressing a gathering organised by the legal cell of the VHP within the Allahabad High Court Bar Association premises, made a series of incendiary statements that targeted the Muslim community and invoked majoritarian themes. In his speech, he reportedly asserted that 'India should function according to the wishes of the majority,' claimed 'only a Hindu can make this country a 'Vishwa Guru',' and linked practices such as triple talaq and halala to societal backwardness, calling for their abolition under the proposed Uniform Civil Code (UCC). Video clips of the speech, which went viral on social media, show him allegedly using derogatory communal remarks framed the UCC as a Hindu-Muslim binary, stating that while Hindu customs had evolved to address historical wrongs, Muslims had resisted reform. The speech triggered outrage among political leaders, jurists and civil society, with senior advocate Kapil Sibal leading a group of 55 opposition MPs in filing a notice in the Rajya Sabha seeking Justice Yadav's impeachment for 'grave violation of judicial ethics.' The Campaign for Judicial Accountability and Reforms (CJAR) also demanded an in-house inquiry and his immediate suspension, citing a clear breach of the Restatement of Values of Judicial Life adopted by the Supreme Court in 1997. Amid mounting criticism, the Supreme Court swiftly sought a report from the Allahabad High Court chief justice on December 10, 2024. A week later, on December 17, the apex court collegium, comprising CJI Khanna and Justices Bhushan R Gavai, Surya Kant, Hrishikesh Roy and Abhay S Oka, summoned Justice Yadav for a 30-minute closed-door meeting to ascertain whether his public comments violated the Bangalore Principles of Judicial Conduct or judicial ethics outlined in internal codes. While Justice Yadav reportedly assured the collegium judges he would apologise publicly, he failed to do so in the weeks that followed. Instead, in a January 2025 letter to the chief justice of the Allahabad High Court, the judge doubled down on his remarks, claiming they had been misrepresented by vested interests and asserting that his speech reflected societal concerns 'consistent with constitutional values.' Appointed in 2019, Justice Yadav is set to retire on April 15, 2026. People cited above said that CJI Khanna subsequently sought a fresh report from the Allahabad High Court chief justice, referring to additional complaints against Justice Yadav from a law student and a retired IPS officer. But by then, an unexpected development complicated matters. In March 2025, the Supreme Court administration received a formal communication from the Rajya Sabha secretariat, informing it that the matter of Justice Yadav's conduct, arising out of the December 13 impeachment motion signed by 55 MPs, was already under active consideration. 'The court's secretary general brought the letter to the notice of the then CJI, who was clear that an in-house inquiry, being a non-statutory and internal mechanism, should not run parallel to a statutory process under the Judges (Inquiry) Act, 1968,' a person familiar with the matter told HT. 'The Rajya Sabha's categorical assertion that it was seized of the matter prompted the judiciary to defer to the parliamentary process,' this person added. The Judges (Inquiry) Act mandates that a motion seeking removal of a High Court or Supreme Court judge for 'proved misbehaviour or incapacity' must be admitted by the presiding officer of the House concerned. To be sure, the Vice President and Rajya Sabha chairman, Jagdeep Dhankhar, has yet to decide on the admissibility of the motion and whether to constitute a formal inquiry committee. 'The idea was not to create constitutional friction or undermine parliamentary privilege…That's the sole reason why no in-house probe was set up despite the initial steps,' the person cited above added. Another person aware of the deliberations within the collegium said that all members were informed of the decision to halt the in-house inquiry after the receipt of the Rajya Sabha's letter. 'There was a kind of consensus that the matter, being under legislative scrutiny, should not be clouded by a simultaneous judicial process,' the person said. Opposition lawmakers, meanwhile, continue to push for clarity on the status of the impeachment motion. Speaking to HT on condition of anonymity, a senior MP said last month that his party planned to raise the matter during the monsoon session. 'During the budget session, the chairman had said that he was assessing the veracity of the signatures on the notice. We would like to know the status of that notice notices have been given in both the Houses and it is imperative it should be taken up,' the lawmaker said. In his formal reply to the complaints, Justice Yadav reportedly maintained in January that he has done no wrong. He described his speech as an articulation of issues affecting society and claimed that his references were misconstrued. On the criticism of his previous judicial orders related to cow protection, he is said to have responded that these reflected India's cultural ethos and legal recognition of cow protection, not any form of judicial bias. Notably, Justice Yadav did not tender an apology in his correspondence, reinforcing his stance that his speech was neither communal nor violative of judicial conduct. He rather asserted that judges, who often face unfair attacks, deserve protection and support from senior members of the judiciary.
Time of India
an hour ago
- Time of India
HC orders restoration ofpower at SP MP's house
Prayagraj: The Allahabad High Court has directed to restore the electricity connection at the residence of Samajwadi Party MP of Sambhal Zia Ur Rehman Barq which was disconnected in Dec 2024. Passing above directions to Paschimanchal Vidyut Vitran Nigam Limited, the court also stayed the final assessment order imposing on him electricity charges of Rs. 1.91 crores for a period of 4,138 days upon the allegation of unauthorised use of electricity. Hearing a writ petition filed by Zia Ur Rehman, a division bench, comprising Justice Saumitra Dayal Singh and Justice Sandeep Jain fixed July 2 for the next hearing of the case. Barq had moved the HC against the assessment order on the ground that the same was passed entirely without jurisdiction as it imposed an assessment for over 12 years, when Section 126(5) of the Electricity Act only allowed imposition of charges for a maximum of 12 months in cases where the period of unauthorized usage was non-determinable. It was also contended that the final assessment order also demanded payment of electricity duty and compounding charges, which the authority had no jurisdiction to impose. Apart from above, it was also argued that by breaching the statutory period of assessment, an arbitrary demand of Rs 1.91 crore had been raised and that the petitioner cannot be made to deposit 50% of such illegal demand to maintain an appeal. Fixing July, 2, 2025, for next hearing, the court in its order dated June 4 stayed the final assessment subject to the petitioner depositing Rs 6 lakh within two weeks. It also directed the restoration of the electricity connection of the petitioner, subject to the timely payment of future bills. As per the statement of executive engineer, UPPCL in Sambhal, two meters at Barq's residence were found showing zero readings for the last six months and the units consumed did not exceed 100 in any of the remaining months last year. However, during the inspection, it was allegedly found that electricity consumption in his house exceeded 16 kilowatts daily, despite the sanctioned connection being only 4 kilowatts.
Time of India
2 hours ago
- Time of India
16 arrested in Assam over alleged illegal cattle slaughter during Eid
Guwahati: A total of 16 people were arrested for "illegally" slaughtering cattle during Eid a day ago, said chief minister Himanta Biswa Sarma on Sunday. He said cattle parts were recovered from multiple locations across Assam, including near Cotton University in Guwahati Five illegal slaughter sites were found in two districts of Barak Valley — Gumrah, Silchar, and Lakhipur in Cachar district, and Badarpur and Banga in Karimganj district. Tired of too many ads? go ad free now The CM, in a post on his X handle, wrote: "While our Constitution guarantees the right to religious freedom, it equally upholds the rule of law and public order. This Eid-ul-Zuha, disturbing incidents of illegal cattle slaughter and recovery of cattle parts were reported from multiple locations across Assam." Sarma said nine arrests were made in Cachar and seven in Sribhumi district, with additional reports of cattle parts being found in Dhubri, Hojai, and Sribhumi, as well as near Cotton University in Guwahati. The CM said the state govt is committed to "preserving communal harmony, but not at the cost of lawlessness or cruelty". "Please be clear that strict action will be taken against all violators — irrespective of faith or background," he added Meanwhile, people from the Hindu community blocked roads in Hojai on Sunday, alleging that pieces of meat were deliberately thrown by miscreants in certain areas on Saturday night, a police officer said. While beef consumption is not illegal in the state, the Assam Cattle Preservation Act, 2021, prohibits cattle slaughter and beef sales in majority-Hindu, Jain, or Sikh localities, as well as within a five-km radius of a temple or satra (Vaishnavite monastery). On Sunday, a large number of people from the Hindu and Muslim communities came out in Hojai to hold protests separately. They blocked roads and clashed with the police, the officer said. Tired of too many ads? go ad free now "While the Hindus blocked roads in the Barpukhuri area, where suspected cattle meat pieces were found at three places on Saturday, Muslims also came out and blocked a road at Bhuyanpatty as a countermeasure," he said. A section of the mob at Bhuyanpatty clashed with the police, prompting officers to use "mild lathi-charge" to disperse the protesters. However, the situation was brought under control with additional security forces deployed in the area. In Guwahati, police said some pieces of meat wrapped in a polythene packet were found near the Cotton University. The sample has been sent for forensic testing. "No comment can be made until reports are available," the police said.
