The Archaeological Survey of India has told the Central Information Commission that it does not have any records indicating whether the Shahi 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.
An ASI survey in November 2024 on court orders had triggered a violent clash between locals and police in which four people died of bullet wounds. The court had been hearing a plea by Hindus claiming that the mosque was built by demolishing a Shiva temple during the rule of Mughal emperor Aurangzeb. There had been allegations that some of those accompanying the survey team were chanting “Jai Shri Ram”, nettling the area’s minority population.
Several people are still in jail in connection with the violence.
A commission appointed by the Sambhal district court had reportedly said in a report in 2024 that symbols associated with Hinduism had been found at Sambhal’s Shahi Jama Masjid, protected by the ASI since 1920.
In an RTI application, Sambhal resident Satya Prakash Yadav had sought to know whether the Mughal-era mosque 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 the mosque came under the ASI’s protection, any subsequent constructions, and past disputes associated with the shrine, the ASI said such information was not available in its records.
However, during the first appeal proceedings before the Central Information Commission, the ASI had said that although no new construction is permitted within a centrally protected monument, an “illegal” steel railing was being erected at the Jama Masjid site in 2018 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 according to 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 ASI in 1920, citing a gazette notification.
During the hearing before the Central Information Commission, the appellant had 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 a public authority cannot be directed to furnish information not held by it.
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.