Latest news with #AncientMonumentandArchaeologicalSitesandRemainsAct
Time of India
20-05-2025
- Politics
- Time of India
Allahabad HC clears way for Sambhal mosque survey: Here's what court said in its verdict
PRAYAGRAJ: Allahabad high court dismissed on Monday the Sambhal Shahi Jama Masjid committee's petition challenging a Nov 19, 2024 trial court order directing an advocate commissioner to survey the structure, the subject of a suit claiming that the mosque was built in 1526 after demolishing a temple, reports Rajesh Kumar Pandey. While upholding the trial court's survey order, Justice Rohit Ranjan Agarwal vacated the interim stay on the Hindu plaintiffs ' suit. The mosque committee had asked for the suit to be dismissed on the ground that the Hindu side's claim to the site was prima facie barred under the Places of Worship Act, 1991. The legislation prohibits conversion of any place of worship and mandates maintaining the religious character of any such site that existed on Aug 15, 1947. HC: Plaintiffs only seeking right to access to Sambhal site This is not a case where any conversion of place of worship is taking place or the religious character is being changed. The plaintiffs have only sought right to access to a protected monument, declared in 1920 under Section 18 of Ancient Monument and Archaeological Sites and Remains Act, 1958, the 45-page judgment states. In its petition, the mosque committee contended that the civil judge (junior division) ordered the survey "hastily" and "without issuing notice". Based on the Nov 19 directive, a survey was conducted that very day and another one on Nov 24. Later that month, SC stayed proceedings in the trial court until the mosque committee's petition against the survey order was heard by an HC bench. Archaeological Survey of India (ASI) said in its submission to the bench that the mosque had been designated as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. This effectively means that its status is governed by preservation laws rather than religious classification. ASI also mentioned that nowhere in official records was the mosque described as a religious place. The Hindu plaintiffs contend that the disputed Sambhal mosque stands at what used to be site of an ancient Harihar temple dedicated to Kalki, last avatar of Vishnu. The suit claims in 1526, on orders of Mughal emperor Babar, the temple was partially demolished and a mosque built over it.
Time of India
20-05-2025
- Politics
- Time of India
Allahabad high court upholds trial court order, backs Sambhal mosque survey
PRAYAGRAJ: Allahabad high court dismissed on Monday the Sambhal Shahi Jama Masjid committee's petition challenging a Nov 19, 2024 trial court order directing an advocate commissioner to survey the structure, the subject of a suit claiming that the mosque was built in 1526 after demolishing a temple, reports Rajesh Kumar Pandey. Tired of too many ads? go ad free now While upholding the trial court's survey order, Justice Rohit Ranjan Agarwal vacated the interim stay on the Hindu plaintiffs ' suit. The mosque committee had asked for the suit to be dismissed on the ground that the Hindu side's claim to the site was prima facie barred under the Places of Worship Act, 1991. The legislation prohibits conversion of any place of worship and mandates maintaining the religious character of any such site that existed on Aug 15, 1947. HC: Plaintiffs only seeking right to access to Sambhal site This is not a case where any conversion of place of worship is taking place or the religious character is being changed. The plaintiffs have only sought right to access to a protected monument, declared in 1920 under Section 18 of Ancient Monument and Archaeological Sites and Remains Act, 1958, the 45-page judgment states. In its petition, the mosque committee contended that the civil judge (junior division) ordered the survey "hastily" and "without issuing notice". Based on the Nov 19 directive, a survey was conducted that very day and another one on Nov 24. Later that month, SC stayed proceedings in the trial court until the mosque committee's petition against the survey order was heard by an HC bench. Archaeological Survey of India (ASI) said in its submission to the bench that the mosque had been designated as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act , 1958. Tired of too many ads? go ad free now This effectively means that its status is governed by preservation laws rather than religious classification. ASI also mentioned that nowhere in official records was the mosque described as a religious place. The Hindu plaintiffs contend that the disputed Sambhal mosque stands at what used to be site of an ancient Harihar temple dedicated to Kalki, last avatar of Vishnu. The suit claims in 1526, on orders of Mughal emperor Babar, the temple was partially demolished and a mosque built over it.
Time of India
19-05-2025
- Politics
- Time of India
HC junks Sambhal mosque panel's plea, allows survey
Prayagraj: The Allahabad high court on Monday dismissed a petition filed by the Sambhal mosque committee challenging the trial court's order passed on November 19 last year directing an advocate commissioner to survey the mosque in a suit, which claimed that the mosque was built after destroying a temple. With this, the court has upheld the trial court's survey order. It also added that the Hindu plaintiffs ' suit is prima facie not barred. Dismissing the civil revision petition filed by committee of management, Jami Masjid, Sambhal, Justice Rohit Ranjan Agarwal vacated the interim stay order on the suit pending before the court below. The court directed the suit to proceed. In its 45-page judgment, the court rejected the claim of the mosque committee's counsel that the present suit of the plaintiff is prima facie barred by the Places of Worship Act, 1991, which prohibits conversion of any place of worship and provides for maintenance of religious character of any place of worship as existed on August 15, 1947. "This is not a case where any conversion of place of worship is taking place or any religious character of place of worship is being changed. Plaintiffs have only sought right to access to a protected monument declared in the year 1920 under Section 18 of the Ancient Monument and Archaeological Sites and Remains Act, 1958," the court added. The Sambhal trial court's order dated November 19, 2024 was passed on a suit filed by plaintiffs, who claimed that the Sambhal mosque was built in 1526 after demolishing a Hindu temple that stood there. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Đăng ký Undo It was the case of the mosque committee before the Allahabad high court that the civil judge (junior division) had passed the survey order hastily, without issuing notice to them. The survey of the mosque was undertaken on the same day (Nov 19), and again on Nov 24, 2024. On the other hand, in their suit, the Hindu plaintiffs have claimed that the mosque in question was originally the site of an ancient temple (Harihar temple) dedicated to Kalki, the last avatar of Lord Vishnu. In 1526, on the orders of Mughal ruler Babar, the temple was partly demolished and converted into a mosque. The trial court proceedings were effectively stayed by the Supreme Court in November last year. The apex court had directed that the trial court shall not proceed further with the matter until the mosque committee's petition against the survey order is listed before the HC. During the case hearing in the HC, the ASI had submitted its counter stating that the said mosque has been notified as a centrally protected monument. After Independence, the Ancient Monuments and Archaeological Sites and Remains Act , 1958 (AMASR Act ), came into effect, and its provisions are now applicable to such monuments and nowhere is the mosque described as a religious place in official records. The ASI has further argued that there is no historical, archaeological, or revenue evidence supporting the term 'Shahi Masjid'. Its counter adds that under Section 5 of the AMASR Act, the ASI is empowered to acquire rights for the preservation of protected monuments, and Section 4 also authorises the central government to declare any monument of historical importance as protected, thereby any unauthorised claims of ownership or control (referring to Masjid Committee's claims) have no meaning.
