New Delhi: Built during Mughal emperor Babur’s brief four-year rule, the Shahi Jama Masjid in Uttar Pradesh’s Sambhal is in focus after a court-ordered survey of the structure led to rioting and loss of life.
On 24 November, clashes erupted in Sambhal town between local residents and the police. Four people died as a result. The unrest was preceded by a district court’s order to survey the Shahi Jama Masjid after a petition alleged it was built on the site of a Hindu temple.
The Shahi Jama Masjid has been designated as a “protected monument” under the Ancient Monuments Preservation Act of 1904 since 22 December, 1920. It is also recognized by the Archaeological Survey of India (ASI) as a “Monument of National Importance”.
The mosque, a testament to the region’s Mughal heritage, has become a focal point in ongoing debates and legal challenges related to its origins and the disputed claims about its construction. The controversysurrounding it underscores challenges of preserving religious harmony while addressing historical grievances and the judiciary’s role in interpreting laws meant to protect the secular fabric of the nation.
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The Shahi Jama Masjid in Sambhal was built between 1526 and 1530. It is believed to be one of three major mosques constructed during Babur’s rule, with Hindu Beg Qucin, a trusted lieutenant of the emperor, overseeing its construction in December 1526.
Located in the heart of Sambhal city, the mosque reflects the evolving architectural style of the Mughal era, with its large square hall and central dome.
The Shahi Jama Masjid, being a national monument, falls under the jurisdiction of the Archaeological Survey of India (ASI), established in 1861. Under the Ancient Monuments Preservation Act of 1904 and the Ancient Monuments and Archaeological Sites and Remains Act of 1958, the ASI is responsible for protecting and maintainingas many as 3,679 monuments and archaeological sites of national importance.
The ASI ensures that these sites are conserved through rigorous preservation methods, including annual conservation programmes that focus on maintaining the structural integrity and environmental preservation of these landmarks.
Sambhal also holds immense spiritual significance for Hindus, since many see it as the future birthplace of Kalki—tenth and final avatar of the Hindu deity Vishnu. In Hindu mythology, Kalki is expected to appear at the end of the current age, Kalyug, to restore righteousness.
Earlier this year, Prime Minister Narendra Modi laid the foundation stone for ‘Kalki Dham’, a temple dedicated to the future avatar. Modi emphasised the importance of this event, stating that “Kalki’s avatar will determine the course of thousands of years.”
Sambhal’s rich religious history, characterized by a blend of Hindu and Muslim heritage, plays a key role in the current legal and ideological conflict surrounding the Shahi Jama Masjid.
On 19 November, the civil judge (senior division) of Sambhal, Aditya Singh, allowed a petition filed by Advocate Hari Shankar Jain, Advocate Parth Yadav, local mahant Rishiraj Giri of the Kalki Devi temple and five others arguing that the Shahi Jama Masjid was constructed by Babur after demolishing a Hindu temple on the site.
In response to the petition, the court appointed an advocate commissioner to conduct an initial survey of the mosque and submit a report by 29 November. The first survey was conducted the same day (19 November), and the second Sunday.
During the second survey, clashes erupted between protesters and the police, with police resorting to the use of tear gas to disperse crowds.
The local Muslim community, along with the Shahi Jama Masjid management committee, opposed the survey citing the Places of Worship Act of 1991—which prohibits changing the religious character of any place of worship from as it was on 15 August, 1947, with exceptions only for the now-settled Babri Masjid dispute.
This law was enacted to maintain religious harmony by ensuring that the religious character of all places of worship, including temples, mosques, and churches, is preserved as it existed before Independence. The current controversy is thus deeply linked to the legal implications of this act, which has become a key point of contention in the case.
The controversy surrounding the Shahi Jama Masjid in Sambhal is reminiscent of other disputes such as the ones over the Gyanvapi and Mathura mosques. In these cases, district courts have ruled that civil suits filed by Hindu petitioners, seeking to reclaim the sites based on allegations of temple demolitions, are “maintainable,” allowing the cases to proceed despite the provisions of the Places of Worship Act.
These cases have sparked debate about the scope of the Places of Worship Act, with critics arguing that allowing such cases to move forward undermines the act’s purpose.
On the other hand, petitioners arguethat these cases provide an opportunity to address historical grievances and restore what they perceive as a rightful place of worship. Rulings in these cases are seen as a test of the judiciary’s interpretation of the act and its ability to balance historical justice with the maintenance of communal harmony.
On 24 November, while the second survey was underway, a large crowd gathered near the mosque, reportedly fearing that the exercise would pave the way for the demolition of the mosque. According to one FIR, the situation quickly escalated when the crowd began throwing stones at police personnel and setting vehicles on fire.
The police responded with lathi-charge and use of tear gas shells, but the violence continued to intensify. As ThePrint reported earlier, police claim protesters blocked roads and carried weapons, including stones, double-edged knives, and countrymade pistols.
Reports suggest that more than 20 police personnel were injured in the clashes, and at least four people killed. While police maintain they were not authorised to open fire, families of the deceased and local residents have alleged that the men died in police firing.
In the wake of the violence, district authorities snapped internet services and barred entry of outsiders into Sambhal until 30 November. But the situation is gradually returning to normal. Schools have reopened, along with some essential shops, but internet services remain suspended to prevent spread of rumours and further unrest.
Police and Rapid Action Force (RAF) personnel continue to maintain tight security around key intersections and sensitive areas.
As the situation in Sambhal unfolds, it serves as a reminder of the delicate balance between respecting the past and upholding the principles of law and secularism in a diverse and multi-faith society.
Vartika Singh is an intern with ThePrint
(Edited by Amrtansh Arora)
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