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SC halts trial court proceedings in Sambhal mosque dispute
Asks Uttar Pradesh to maintain peace, harmony
New Delhi: The Supreme Court on Friday ordered a Sambhal trial court to 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 claiming 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 "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 apex court directed the petition filed by the Shahi Jama Masjid Committee against the trial court’s survey order to 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, 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.
