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Indian Express
27-05-2025
- Politics
- Indian Express
Supreme Court issues notice to Centre and states on petition challenging Waqf Act, 1995
The Supreme Court Tuesday issued notice to the Centre and states on a petition challenging the Waqf Act, 1995. A bench of Chief Justice of India B R Gavai and Justice A G Masih issued the notice on the plea by Delhi resident Nikhil Upadhyay, and tagged it with a similar petition by Advocate Hari Shankar Jain and another person. Hearing writ petitions challenging the recent amendments made to the Waqf Act, the bench of Chief Justice of India B R Gavai and Justice Masih had earlier asked why the 1995 Act is being challenged now after so many years. While Advocate Vishnu Shankar Jain, appearing for petitioner Hari Shankar Jain, tried to explain that the petitioners had challenged the 1995 Act before the SC much earlier, and were asked to approach the High Courts, the bench was not convinced. On Tuesday, too, the bench asked Advocate Ashwini Upadhyay why it should take up petitions challenging the 1995 Act now. Upadhyay pointed out that the bench of former CJI Sanjiv Khanna, and Justices Sanjay Kumar and K V Viswanathan — which had heard the Waqf (Amendment) 2025 matters before the CJI Gavai-led bench took over following former CJI Khanna's retirement — already agreed to hear the challenge to the 1995 Act separately and allowed those who had challenged the 2025 amendments to file their response to it. Upadhyay also referred to the April 17, 2025, order of the CJI Khanna-led bench, which said, 'the writ petitions challenging the 1995 Waqf Act and the amendments made therein in 2013, including W.P. (C) No. 353/2025 'Hari Shankar Jain and Anr. v. Union of India and Ors.' and W.P. (C) Diary No. 19103/2025 titled 'Parul Khera v. Union of India and ors.', shall be separately shown in the cause list. The April 17 order added, 'As a special case, liberty is granted to the petitioners, who have filed writ petitions challenging the Waqf (Amendment) Act, 2025, to file their response to the said writ petitions.' Appearing for the Centre, Additional Solicitor General Aishwarya Bhati said Tuesday the court has not allowed a hearing on the challenge to the 1995 Act along with the petitions challenging the 2025 Amendment. Bhati, however, added there is no objection if Upadhyay's petition is tagged with the other petition by Jain challenging the 1995 Act.
United News of India
19-05-2025
- Politics
- United News of India
HC dismisses revision petition on survey of Jama Masjid in Sambhal
Prayagraj, May 19 (UNI) In a setback to Muslim side the Allahabad High Court on Monday dismissed the revision petition of Committee Of Management, Jama Masjid Sambhal challenging the lower court order for survey of the Jama Masjid in Sambhal district by the Archaeological Survey of India (ASI) and maintainability of the suit. The HC observed that the suit filed by Hari Shankar Jain and 12 others regarding Shahi Jama Masjid of Sambhal was maintainable. The HC refused to intervene on the order of the lower court for the commission's investigation. It has not interfered with the commission's investigation and the continuation of the filed suit. With this, the court also vacated the interim order passed earlier. The petition was dismissed by Justice Rohit Ranjan Agarwal. "I find that the court below had not committed any error, irregularity or illegality in granting leave to institute the suit before the expiry of the period of notice under Section 80(2) CPC, as it was never objected to by the Government or its officials and revisionist," it observed. It observed, "Further, the act of allowing application under Order XXVI Rule 9 for local investigation and appointing Advocate Commission has not caused any prejudice to the revisionist as he has right to question the same at the stage of Order XXVI Rule 10(2) the Civil Procedure Code (CPC) before the report is confirmed and admitted as an evidence and made part of the record. Only one Commission had taken place whose survey started on November 19, 2024, and completed on November 24, 2024 at 11:00 AM." It said, "Lastly, in view of the finding recorded above, present suit is not prima facie barred by provisions of the Places of Worship Act of 1991 it has been filed seeking the right to access to property in dispute under Section 18 of the Act of 1958 being a protected monument." The court said, "Considering the facts and circumstances of the case, I find that no interference is required in the order dated November 19 passed by court below allowing application granting leave to institute suit and application for appointment of Commission for local investigation. Revision fails and is hereby dismissed. Interim order stands vacated. Suit to proceed." In the revision petition of Sambhal Jama Masjid Intezamia Committee, a demand was made to stop further court proceedings of the original suit pending in the Sambhal District Court. In this case, the plaintiff of the Hindu side had demanded a declaration that they have the right to enter the Shri Harihar temple located in Mohalla Kot Purvi of Sambhal district, which is allegedly the Jama Masjid. In this case, Justice Rohit Ranjan Agarwal had reserved the decision after the completion of the hearing on May 13. Hari Shankar Jain and seven others have filed a case in the court of Civil Judge Senior Division Sambhal, in which it has been argued that the Jama Masjid located in Kot Purvi of Sambhal was built after demolishing a temple. The plaintiff has demanded a declaration of the right to enter the Harihar temple. The civil court, while hearing the case, had directed the ASI to survey with the Advocate Commissioner and also questioned the maintainability of the case. The HC had earlier stayed the proceedings of the original case pending before the Civil Court of Sambhal. On the review petition of the Jama Masjid Intezamia Committee, the HC had directed the Indian ASI to file a reply within two weeks. The court granted further time as no affidavit was filed. This revision petition was filed after the order of the Supreme Court, challenging the maintainability of the suit with full proceedings before the civil court of Sambhal. The petition states that the suit was filed on the afternoon of November 19, 2024 and within a few hours, the court appointed an advocate commissioner. He was also directed to conduct a preliminary survey in the mosque, which was done on the same day on November 19 and then on November 24, 2024. The court had also directed that the survey report be filed by November 29. On November 19 itself, the civil court accepted the argument of the Hindu side that the mosque was built by the Mughal emperor Babar after demolishing the Harihar temple in Sambhal in 1526. UNI XC AB BD
India Today
19-05-2025
- Politics
- India Today
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 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 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 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 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 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 Advocate Commissioner Ramesh Raghav, who led the survey, has already submitted a sealed survey report to the trial Watch IN THIS STORY#Sambhal
Time of India
06-05-2025
- Politics
- Time of India
ASI files survey report on Sambhal mosque in Allahabad HC, next hearing set for May 13
PRAYAGRAJ: The Archeological Survey of India (ASI) on Monday filed a survey report through pen drive before the Allahabad High Court in the dispute relating to Jama Masjid and Harihar temple at Sambhal. Besides, a hard copy of the counter affidavit filed by ASI was supplied to the revisionist counsel in the court. A counter affidavit on behalf of the state government was also served to the revisionist's counsel. While taking the hard copies of the counter affidavits filed by ASI and the state government on record, Justice Rohit Ranjan Agarwal directed that the case be put up as fresh on May 13 for next hearing. Earlier, the high court had stayed the trial court proceedings of original suit till next date pending before the district court at Sambhal, where Hindu side plaintiff had sought declaration to the effect that they have the right of access into Shri Hari Har Temple, which is Jami Masjid situated in Sambhal. Now, according to the court's direction, this stay will continue till the next date of the listing. The present civil revision was filed after the order of the Supreme Court in this regard challenging the entire proceedings as well as maintainability of suit before Sambhal district court . In the petition, it has been alleged that the suit was filed on Nov 19, 2024, and within hours, the judge appointed an advocate commissioner and directed him to carry out an initial survey of the mosque, which was done on the same day, Nov 19, and again on Nov 24, 2024. Hari Shankar Jain and seven others have filed a suit before the court of civil judge senior division, Sambhal, on the plea that Shahi Eidgah mosque was built after demolishing a temple at Sambhal. The local court ordered the survey by an advocate commissioner on Nov 19 accepting a plea from the Hindu side to the case that the mosque was built by Mughal emperor Babur in 1526 after demolishing Harihar Mandir in Sambhal.
Time of India
29-04-2025
- Politics
- Time of India
Row over well: Supreme Court asks Sambhal mosque panel to respond to status report
New Delhi: The Supreme Court on Tuesday granted two weeks to the mosque committee to respond to a status report which said the disputed well is "totally outside" Sambhal's Mughal-era Jama Masjid . On January 10, the top court directed the Sambhal district magistrate to maintain status quo on reviving or allowing prayers at a "private" well located near the entrance of the mosque. #Pahalgam Terrorist Attack The groundwork before India mounts a strike at Pakistan India considers closing airspace to Pakistani carriers amid rising tensions Cold Start: India's answer to Pakistan's nuclear threats Considering a plea of the Committee of Management, Shahi Jama Masjid , Sambhal, the bench issued notices to the Centre, the director general of the Archaeological Survey of India (ASI), Sambhal district magistrate and other private Hindu side litigants led by Hari Shankar Jain. On Tuesday, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was informed additional solicitor general K M Natraj, appearing for the Uttar Pradesh government and other authorities, that the well was situated after a police post (chowki), "totally outside" the mosque. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like [Click Here] 2025 Top Trending local enterprise accounting software Esseps Learn More Undo The bench directed the mosque committee to file its response to the status report of the authorities in two weeks. Senior advocate Huzefa Ahmadi, appearing for the mosque committee, sought three weeks' time on the ground that the president of the mosque committee Zafar Ali was in jail. Live Events Ali was arrested on March 23 after being questioned in connection with the November 24, 2024 violence during a protest against a court-ordered survey of the Mughal-era mosque. "Take a 'mulaqat' (meeting with an inmate in jail) and do it. Somebody else can also file the response. Please do it in two weeks only," the CJI said and deferred the hearing on the plea. The mosque committee, in its plea, said the Samhal district administration was conducting a "purported drive" to revive old temples and wells in the city with reports indicating the revival of at least 32 old unused temples besides the identification of 19 wells being made operational for public prayers. The list of wells, being sought to be revived by the district administration, also included a well in the mosque precincts, it alleged. The bench directed the district magistrate not to give "effect to the notice" with regard to the well near the mosque and maintain status quo. The plea sought a direction to the Sambhal district magistrate to ensure status quo with respect to the "private well situated near the stairs/entrance of the mosque and not take any steps/actions with regard to the same without due permission from this court". While one half of the covered well was inside the mosque, the other half protruded outside on a curved platform, it said. According to the plea, the well was situated at the tri-junction of the three narrow lanes leading to the mosque's main entrance and was used for drawing water for the mosque, the plea added. The bench directed against any step in relation to the well without its permission and instructed the authorities to file a status report within two weeks. Ahmadi underlined the historical significance of the well and said, "We have been drawing water from the well since time immemorial." He raised concerns over a notice referring to the site as "Hari Mandir" and plans for starting religious activities there. Advocate Vishnu Shankar Jain, representing the Hindu side, said the well was outside the mosque's purview and historically been used for worship. Ahmadi said the well was partly within and partly outside the mosque premises, relying on a Google image to buttress his claim. The mosque committee challenged a November 19, 2024 order by the Sambhal senior division civil judge who allowed the appointment of an advocate commissioner to survey the mosque. The mosque committee said the plea was allowed without hearing it on the same day it was filed. The top court, on November 29 last year, ordered a Sambhal trial court to halt proceedings in the case over the mosque and its survey at Chandausi while directing the UP government to maintain peace and harmony in the violence-hit town. It directed "peace and harmony must be maintained" and took note of Natraj's statement and directed the report of to be kept in a sealed cover. The mosque committee moved the Supreme Court on November 28 last year challenging the November 19 order of the district court directing survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the November 19, last year order passed by the civil judge. On November 24, last year protesters gathered near the mosque and clashed with the security personnel, leading to stone pelting and arson, leaving four dead and several injured.
