New Delhi: The Archaeological Survey of India has told the Central Information Commission that it has no records to indicate whether the Jama Masjid at Sambhal was built after the demolition of an earlier structure or on a vacant plot, nor does it have documents identifying the owner of the plot at the time of its construction.
In an RTI application, Satya Prakash Yadav sought to know whether the Mughal-era Jama Masjid was built by demolishing any ruins or on a vacant plot, along with the name of the then owner of the land and documents granting ownership rights.
In its reply, the ASI said “no such information is available in this office”.
Asked about the nature of constructions at the site at the time it was taken under protection, any subsequent new constructions and past disputes related to the mosque, the ASI said such information was not available in its records.
However, during the first appeal, the Archaeological Survey of India (ASI) pointed to the 2018 incident and said that no new construction is allowed in the conservation area of the centrally protected monument. It revealed that an “illegal” steel railing was being built at the Jama Masjid site this year and that the ministry had issued orders to stop the work.
The complainant also asked about the construction period of the mosque. The ASI replied that according to its records, “Jama Masjid Sambhal was built in 1526” and referred to supporting material.
As to whether the structure was earlier known by a different name, the ministry said the mosque was protected by the ASI under the same name.
Responding to a query about the current nature of the structure, the ASI said, “It currently exists as a mosque.” She further stated that the Jama Masjid was taken under the protection of the Archaeological Survey of India in 1920, citing a gazette notification.
During the proceedings before the Commission, the petitioner claimed that key information was wrongfully withheld due to its unavailability. ASI has insisted that it has provided all available information on record and that it cannot be compelled to produce or collect information it does not hold.
While supporting ASI’s stand, the Commission noted that the RTI Act mandates public authorities to disclose only existing records and does not require them to generate new information. He cited court precedents to emphasize that information not held by a public body cannot be ordered to be provided.
The Sambhal Jama Masjid has been at the center of a legal dispute over its history following a petition that claimed the mosque was built over an ancient Hindu temple. The issue attracted wider attention after riots broke out in Sambhal on 24 November 2024 during protests against a court-ordered survey of the ASI structure. The violence left four dead and injured several people, including police officers.
Finding no grounds for further intervention, the Commission dismissed the appeal, saying that the ASI’s responses – including its statement that it had no record of whether the mosque was built on ruins or on vacant land – were in accordance with the law.
