Protected monument? Delhi HC grants more time for ASI survey of Jama Masjid

The Delhi High Court has granted more time to the Archaeological Survey of India to conduct an inspection of the Jama Masjid in the national capital and file a report.

A bench comprising justices Prathiba M. Singh and Amit Sharma, while dealing with the PILs to declare the mosque a 'protected monument', asked the ASI for the report at least a week before the next hearing on 29 January 2025.

"Let the survey/inspection as directed in the order dated 23 October 2024 be carried out and a report be filed at least one week before the next date of hearing, with advance copies to all parties appearing in the matter," ordered the bench on 11 December.

On 23 October, the court asked the Archaeological Survey of India (ASI) along with the representatives of the waqf board to conduct the inspection of the Jama Masjid and its vicinity.

It also sought a sketch along with a table outlining the purpose for which the Jama Masjid premises were being used.

On 11 December, however, senior advocate Anil Soni, appearing for the ASI, sought more time to complete the exercise. While granting further time, the bench permitted one counsel on behalf of the petitioner to accompany the team during the inspection.

The PILs filed by Suhail Ahmed Khan and Ajay Gautam in 2014 raised questions over the Jama Masjid not coming under the purview of the ASI.

They objected to the use of the 'Shahi Imam' title being used by Jama Masjid's imam, Maulana Syed Ahmed Bukhari, and the appointment of his son as the naib (deputy) imam.

In 2015, the ASI informed the court that former prime minister Manmohan Singh had assured the Shahi Imam that the Jama Masjid would not be declared a protected monument.

In its latest affidavit, the ASI said declaring the historic Jama Masjid a 'protected monument' would have a "substantial impact" and no steps had been taken in this regard so far.

It said once a structure was declared a protected monument, certain regulations and prohibitions in the area around it would come into force.

Although the Mughal-era Jama Masjid is currently under the protection and guardianship of the Delhi Waqf Board, the ASI has been undertaking its conservation and preservation work.

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Meanwhile, surveys at other mosques are being speedily paused to afford a different kind of protection... Though equally contentious, the threats to these places of worship are from a different community.

A Jaunpur court has postponed the date of passing order for the survey of its Atala Masjid till 2 March 2025, in view of the Supreme Court's instructions to all courts to refrain from passing orders in cases related to religious places under the Places of Worship (Special Provisions) Act, 1991.

In a similar matter, a court in Budaun on Tuesday, 17 December, said it would decide on 24 December whether a hearing should be held in the Jama Masjid Shamsi versus Neelkanth temple case.

The dispute in Badaun started in 2022, when Mukesh Patel, then convener of the Akhil Bharat Hindu Mahasabha, claimed that a Neelkanth Mahadev temple existed at the Jama Masjid Shamsi mosque site and sought permission to worship there.

In the Atala Masjid case, the suit was filed by Swaraj Vahini Association (SVA) president Santosh Kumar Mishra. It sought for the 'disputed' property be declared the 'Atala Devi Mandir' and followers of the Sanatan Dharma be allowed the right of worship at the site.

The court of civil judge (junior division) Sudha Sharma on Monday, 16 December, postponed the date of passing the order for the survey of Atala Masjid to 2 March, district government advocate Satish Chandra Pandey said.

Pandey said the case had been brought forth by Mishra, whose advocate had previously argued for deploying adequate security to facilitate the site inspection and preparation of a map by Amin (court-appointed official).

The court had initially set 16 December for hearing on this matter. During the proceedings, the opposition's advocate submitted a copy of the Supreme Court order (Writ C 1246/2020, Ashwini Upadhyay vs. Union of India), dated 12 December 2024.

The order clearly instructed that no proceedings related to existing cases should continue until further notice from the Supreme Court.

Furthermore, courts were barred from issuing interim orders, including orders for surveys or other directives in such matters until further hearings.

Based on this submission, the opposition requested the court to consider the Supreme Court's directive and pass an appropriate order.

Consequently, the court scheduled 2 March 2025 as the next hearing date. Although new cases can still be filed, they will not be officially registered at this time, he said.

The case, filed by Santosh Kumar Mishra against the Peace Committee of Jama Masjid (Atala Masjid) in Sipah locality, asserts that the site was originally a temple dedicated to Atala Devi, established in the 13th century by King Vijay Chandra.

The petition claims that during Firoz Shah Tughlaq's invasion of Jaunpur, parts of the temple were demolished but due to strong opposition from Hindu devotees, the structure remained partially intact.

The temple's columns were repurposed to give it the shape of a mosque, which became the present-day Atala Masjid where Islamic prayers are now held, while entry of Hindu worshippers was subsequently restricted, it said.

The petition further claims that in 1408, Sharqi ruler Ibrahim Shah completed the process of converting the temple into a full-fledged mosque.

The plaintiff cites historical references, including historian Abul Fazl's Ain-i-Akbari, to argue that the structure originally belonged to Hindus.

The petition also points to existing elements of Hindu architecture, sculptures and traditional symbols still visible on the site's pillars and structures. The plaintiff asserts that Sanatan Dharma followers have the right to perform worship and religious ceremonies at the site.

Several litigations filed in various courts related to temple-mosque disputes have come into the limelight including on Gyanvapi Mosque in Varanasi, Shahi Idgah Mosque in Mathura, Shahi Jama Masjid in Sambhal, Ajmer Dargah of Sufi saint Moinuddin Chishti and Budaun's Jama Masjid Shamsi, where petitioners have claimed that these were built after destroying ancient temples and sought permission to offer Hindu prayers there.

Violence during protests against a court-ordered survey in Uttar Pradesh's Sambhal claimed four lives on 24 November.