PTI
New Delhi
The Archaeological Survey of India has told the Central Information Commission that it does not have any records indicating whether the Jama Masjid in Sambhal was constructed after demolishing any earlier structure or on vacant land, nor does it have documents identifying the landowner at the time of its construction.
In an RTI application, Satya Prakash Yadav sought to know whether the Mughal-era mosque, Jama Masjid, was built by demolishing any ruins or on vacant land, along with the name of the landowner at the time and the documents granting ownership rights.
The ASI, in its reply, stated that “no such information is available in this office”.
On questions relating to the nature of constructions at the site at the time it was taken under protection, any subsequent new constructions, and past disputes associated with the mosque, the ASI said that such information was not available in its records.
However, during the first appeal proceedings, the Archaeological Survey of India (ASI) pointed to an incident in 2018, stating that no new construction is permitted within the protected area of a centrally protected monument. It disclosed that an “illegal” steel railing was being erected at the Jama Masjid site that year and that the department had issued orders to stop the work.
The applicant had also asked about the period of construction of the mosque. The ASI replied that, as per its records, “Jama Masjid Sambhal was constructed in the year 1526,” and referred to supporting material. On whether the structure was known by any other name earlier, the department said the mosque has been protected by the ASI under the same name.
In response to a query on the present nature of the structure, the ASI stated, “At present, it exists as a mosque.” It further said the Jama Masjid was taken under the protection of the Archaeological Survey of India in 1920, citing a gazette notification.
During the hearing before the Commission, the appellant argued that key information had been wrongly denied on the ground of non-availability.
The ASI maintained that it had provided all information available on record and that it could not be compelled to create or collect information not maintained by it.
Upholding the ASI’s stand, the Commission observed that the RTI Act obliges public authorities to disclose only existing records and does not require them to generate fresh information. It cited judicial precedents to underline that information not held by a public authority cannot be directed to be furnished.
The Sambhal Jama Masjid has been at the centre of a legal dispute over its history, following a petition claiming that the mosque was built over an ancient Hindu temple. The issue drew wider attention after riots erupted in Sambhal on November 24, 2024, during protests against a court-ordered ASI survey of the structure. The violence led to four deaths and injuries to several people, including police personnel.
Finding no grounds for further intervention, the Commission dismissed the appeal, holding that the ASI’s replies – including its statement of having no records on whether the mosque was built over ruins or vacant land — were in accordance with the law.
