On 4th April, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi stated that once the Waqf (Amendment) Bill becomes an Act, Jama Masjid in Sambhal will no longer be a Waqf property. Owaisi was speaking to Sandeep Chaudhary during an interview on ABP News. He said that under Section 3D of the Waqf (Amendment) Act, any property protected under ASI cannot be a Waqf property, which includes the Sambhal mosque and several other Islamic structures across the country.
Citing the Ram Mandir judgement of the Supreme Court, Owaisi claimed that the apex court accepted the claim over land by user. However, according to the new Act, the concept of user will be applicable only if the land is not disputed or not government property. He further asserted that all ASI monuments that are Waqf properties will lose their designation with this Act. “The ASI definition has been expanded. I will lose that property now,” he said.
वक्फ बिल को लेकर क्या मुसलमानों में डर पैदा किया जा रहा है? सुनिए क्या बोले असदुद्दीन ओवैसी…
— ABP News (@ABPNews) April 4, 2025
संदीप चौधरी के साथ @asadowaisi Exclusive | https://t.co/smwhXURgtc#AsaduddinOwaisi #AIMIM #WaqfAmendmentBill #RajyaSabha pic.twitter.com/qgoJChmQDz
Section 3D of Waqf (Amendment) Act
The President of India, Droupadi Murmu, gave her assent to the Waqf (Amendment) Bill, making it an Act on 5th April 2025. Section 3 of the principal Act has been amended with several clauses. Section 3D, as mentioned by Owaisi, makes the declaration of a protected monument or protected area as Waqf to be void. It reads: “Any declaration or notification issued under this Act or under any previous Act in respect of Waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration or notification.”
Section 3D of the Waqf (Amendment) Act ensures that no Waqf claim can be made over any site already designated as a protected monument or area under heritage laws. If any such declaration was made in the past, whether under this Act or previous ones, it will now be considered legally void. This provision aims to prevent historical monuments, especially those under ASI protection, from being reclassified or encroached upon under religious claims, thereby safeguarding India’s archaeological and cultural heritage.
Historical facts about the disputed site in Sambhal
In November 2024, the Sambhal court issued directions to conduct a survey on Jama Masjid in Sambhal, Uttar Pradesh. The directions were issued in response to a plea filed by Hari Shankar Jain, Mahant Rishiraj Giri, and others.
In the petition, it was asserted that the mosque was constructed on the centuries-old Shri Hari Har Temple, dedicated to Bhagwan Kalki, and destroyed by Babur. According to the petitioners, the site holds significant religious importance for Hindus and was forcibly and unlawfully converted into a mosque during the Mughal period. Furthermore, it is a centrally protected monument as per the Ancient Monuments Preservation Act of 1904 and is listed as a monument of national importance by the Archaeological Survey of India (ASI).
The petitioners emphasised that the current situation infringes upon their constitutional right to practise their religion and called for immediate action to restore public access to the site.
Historical facts
The petition highlighted the ancient and historical significance of the Shri Hari Har Temple. It stated that the site is revered in Hindu scriptures and is known for its association with the prophesied Kalki Avatar. For those who are unaware, Bhagwan Kalki is believed to be the tenth and final incarnation of Lord Vishnu. According to Hindu belief, Kalki will manifest in Sambhal to bring an end to Kaliyuga and usher in the era of Satyuga. The city of Sambhal, located on the banks of the Mahismat River in the heart of Rohilkhand, has had various names over different ages, such as Sabrit or Sambhaleswar in Satyuga, Mahadgiri in Treta Yuga, Pingala in Dwapar Yuga, and Sambhal in Kaliyuga.
The Shri Hari Har Mandir, dedicated to Bhagwan Kalki, was believed to have been created by Bhagwan Vishwakarma at the beginning of creation. Bhagwan Vishwakarma is the celestial architect. The temple holds a unique place in Hindu theology, symbolising the unity of Bhagwan Vishnu and Bhagwan Shiv as described in Hindu scriptures: “Yatha Shivastatha Vishnu, Yatha Vishnustatha Shivah,” which translates to “As Shiv is, so is Vishnu; as Vishnu is, so is Shiv.” The temple was considered a marvel of ancient architecture. The petition stated that it was a combination of spiritual significance and intricate design.
According to the petition, the temple faced significant destruction during the Mughal invasion. Babur’s lieutenant, Hindu Beg, allegedly partly demolished the temple and converted it into a mosque in 1527–28. The act was reportedly carried out on Babur’s instructions to establish Islamic supremacy and demoralise the local Hindu population.
The reference to this incident is found in Babur’s diary, also known as the Baburnama. It states that Hindu Beg converted the temple into a mosque. The petitioners argued that an inscription inside the mosque mentioning Babur’s name is a later forgery designed to justify the conversion of the temple into a mosque.
Vesting of property in Archaeological Survey of India
The petition further drew attention to the legal and administrative history surrounding the control and management of the disputed site. It mentioned the role of ASI in preserving the monument. It was declared a protected monument on 22nd December 1920 via a notification issued by the Secretary to the Government of United Provinces under Section 3(3) of the Act. The petitioners argued that it placed the site under the supervision and control of the ASI. Thus, the ASI should be the legal custodian responsible for the upkeep, management, and the facilitation of public access.
As per the Ancient Monuments Preservation Act of 1904 and then under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the ASI has the legal mandate to protect and manage monuments of historical significance. ASI is responsible for ensuring that public access to these monuments is maintained, as per Section 18 of the 1958 Act.
The petitioners argued that the ASI failed in its statutory duty to provide proper access to the public, especially when there is an ongoing religious dispute at the site. The inaction of the ASI has allowed the management committee of the Jama Masjid to restrict access to the site. The petitioners argued that this is a violation of the rights of Hindu devotees to worship at the site, which they believe is the original site of Shri Hari Har Temple that was destroyed by the Mughals.
Furthermore, the petitioners said that the ASI did not take necessary steps to secure the site, maintain its historical integrity, or prevent the removal or destruction of artefacts and symbols that may prove its Hindu origins. It is a failure of the ASI to fulfil its legal obligations under the said Acts, argued the petitioners.
Sambhal violence
Though the first survey of the site on 19th November was conducted in a tense yet peaceful atmosphere, with no incident of violence reported, the second survey on 24th November saw resistance from the locals. A large Muslim mob surrounded the mosque and nearby areas while the court-appointed team was inside to conduct the survey.
The “resistance” by the angry mob quickly turned violent, and police teams stationed to maintain law and order were attacked. The rioters assaulted the police with stones and sticks and also opened fire at them.
In the aftermath of the Sambhal violence, the local administration, the state, and the police took several steps to apprehend the culprits. It was found during the investigation that local leaders, including Sambhal MP Zia ur Rahman Barq, had allegedly instigated the mob, and it was pre-planned violence. Bullets made in Pakistan were also recovered from the site, adding more layers to the investigation. Over 45 arrests were made and several cases are ongoing under multiple FIRs.
Evidence of Hindu temple at disputes site
In January 2025, the survey report of the mosque was submitted in a sealed envelope to Chandausi Court. According to the information available, the mosque houses two Banyan trees, which are generally associated with Hindu temples, where they are worshipped. Furthermore, there is a well within the mosque, with one portion located inside the premises and the other outside. The outer part of the well was covered. The survey report included approximately four and a half hours of videography, during which around 1,200 photographs were taken.
It has been reported that the mosque contains symbols that are emblematic of temples and Hindu places from that historical period. The temple’s original architecture has been concealed through the application of plaster and paint on its doors, windows, and elaborately decorated walls.
Section 3D and Sambhal mosque
The case of Jama Masjid in Sambhal stands as a direct example of why Section 3D was necessary. Despite being a centrally protected monument since 1920, the site continued to be claimed as Waqf property, leading to obstruction of access not only for Hindu devotees, who believe it to be the original Shri Hari Har Temple, but also for the Archaeological Survey of India. The Waqf (Amendment) Act brings much-needed legal clarity, preventing such protected monuments from being caught in religious or administrative tussles.
Conclusion
Owaisi’s acknowledgement that he will “lose that property now” is a clear validation of the Waqf (Amendment) Act’s purpose, to protect India’s archaeological heritage from unlawful or politically motivated encroachments. By ensuring that ASI-protected monuments cannot be claimed as Waqf properties, the Act upholds historical integrity and promotes justice in long-standing religious disputes. It is a much-needed step towards reclaiming and preserving civilisational truths buried under centuries of forced erasure.
