SC stays survey of Sambhal mosque, calls for peace

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.

IMAGE: Shahi Jama Masjid, in Sambhal, Uttar Pradesh. Photograph: ANI Photo

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 directed that "peace and harmony must be maintained" and took note of the statement of Additional Solicitor General (ASG) K M Nataraj, appearing for the state administration, in this regard. 

It directed the proposed report of the advocate commissioner following the mosque survey be kept in a sealed cover, till the appellate court including the Allahabad high court heard the appeal of the mosque committee.

"The learned civil judge will not proceed with the matter till the revision petition/appeal/miscellaneous petition to be filed by the petitioner, is listed before the high court/appropriate court/forum. The report submitted by the advocate commissioner, if any, will be kept in a sealed cover and will not be opened. Any further proceedings in the suit would be subject to the order passed by the high court/appropriate court/forum,” it said. 

The apex court 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 or any other appropriate forum within three working days.

"We feel that the petitioner, committee of management, Shahi Jama Masjid, Sambhal, must challenge the order dated November 19, 2024, before an appropriate court/forum as per law, including the provisions of the Code of Civil Procedure, 1908, and the Constitution of India," the order said.

The bench further observed that in case any revision petition or an appeal or a miscellaneous petition was filed before the appropriate court or forum, it would be listed within three working days from the filing date.

The order noted the plea of the Hindu side was fixed before the civil judge on January 8, 2025.

The bench made clear it hadn't expressed any opinion on the merits of the matter and ordered listing of the case of the mosque committee in the week commencing January 6.

It granted liberty to parties to move appropriate applications if necessary.

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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.