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The Supreme Court on Friday directed a Sambhal trial court to temporarily halt proceedings in the case over the Mughal-era Shahi Jama Masjid and its survey at Chandausi while directing the UP government to maintain peace and harmony in the violence-hit town.
On November 19, a court of civil judge (senior division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner after taking note of a plea of the Hindu side that claimed the mosque was built by Mughal emperor Babur in 1526 after demolishing a temple.
On November 24, violence gripped the area, post the order, snuffing out four lives.
On Friday, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar emphasised the importance of maintaining peace in the Sambhal district and instructed that the report prepared by the court commissioner following the mosque survey be sealed and not opened until further orders.
It further directed the petition filed by the Shahi Jama Masjid Committee against the trial court’s survey order be listed before the Allahabad High Court within three working days.
“We feel that the petitioner (mosque committee) must challenge the order dated November 19, 2024 in an appropriate forum. In the meantime, peace and harmony must be maintained. The Additional Solicitor General (KM Natraj appearing for the state government) assures the same. We also observe that in case any revision petition /miscellaneous petition is preferred, the same would be listed within a period of three working days,” the CJI wrote in the order.
The order noted that the matter was fixed before the trial court on January 8, 2025 and said, “We hope and trust the trial court will not proceed with the matter till the matter is listed before the High Court. We clarify we have not expressed any opinion on the merits of the matter. We are not disposing of the present special leave petition. Re-list (it) in the week commencing January 6.”
Earlier in the day, Sambhal court Civil Judge Aditya Singh directed the court-appointed commissioner Rakesh Singh Raghav to submit within 10 days the survey report on the mosque.
Senior advocate Huzefa Ahmadi represented the mosque committee in the top court. At the outset, the CJI asked Ahmadi how a plea was moved straightaway in the Supreme Court against the impugned order of a district civil court and advised him to take the legal recourse in the high court.
Ahmadi submitted the trial court’s order had the potential to cause “great mischief” and urged the top court to intervene.
The bench, however, advised the committee to approach the high court under Article 227 of the Constitution, which provides supervisory powers over lower courts.
“We may have some reservations on the order, but is it not amenable to Article 227? You have to approach the appropriate forum,” the CJI observed.
Expressing concern about community harmony, the CJI said, “Peace and harmony have to be maintained. We don’t want anything to happen…we have to be absolutely, totally neutral and ensure nothing wrong is done.”
The bench asked the state administration to set up a peace committee having members from both the communities.
ASG KM Nataraj assured the bench of the state’s commitment to maintain peace in the area.
The management committee of Sambhal’s Shahi Jama Masjid moved the Supreme Court on November 28, challenging the November 19 order of the district court directing survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the November 19 order passed by the civil judge.
Tensions brewed in UP’s Sambhal after November 19, when the court-ordered survey of the Shahi Jama Masjid was carried out following claims that a Harihar temple previously stood at the site.
On November 24, protesters gathered near the mosque and clashed with the security personnel, leading to stone pelting and arson, leaving four dead and several injured. (PTI)
