New Delhi: The Supreme Court of India urged the Uttar Pradesh government to prioritize maintaining peace and harmony in response to a plea from the Sambhal Shahi Jama Masjid Committee. The committee sought to halt a district court-ordered survey of the mosque, which has become a point of contention.
Chief Justice Sanjiv Khanna, leading the bench, instructed Additional Solicitor General (ASG) KM Nataraj to ensure neutrality during the proceedings, emphasizing the need for calm. The ASG assured the court that the Sambhal district administration would take necessary precautions to prevent unrest.
The Supreme Court advised the mosque committee to seek relief from the appropriate forum regarding the survey and instructed the trial court to pause any further action on the matter. The court clarified that it had not made any determinations on the case’s merits and scheduled a re-listing for the week of January 6.
The Sambhal Shahi Jama Masjid Committee’s Special Leave Petition requested an immediate stay on the November 19 decision by the Chandausi Civil Judge, which ordered the survey. They also sought to keep the survey commissioner’s report sealed and maintain the status quo until the Supreme Court resolves the issue. Additionally, the petition argued against conducting surveys in worship dispute cases without proper hearings and time for affected parties to seek judicial remedies.
Tensions escalated in Sambhal on November 24 during the second survey of the Mughal-era mosque, leading to violence. Locals clashed with police, resulting in stone-pelting, vehicle vandalism, and gunfire that claimed four lives and injured several others, including law enforcement officials.
In response to the violence, the Uttar Pradesh government initiated a judicial inquiry, appointing a three-member committee led by retired High Court judge Justice Devendra Kumar Arora. The committee is tasked with investigating whether the violence was a premeditated conspiracy or a spontaneous criminal incident, with a report due in two months.
- November 29, 2024 12:43
The Supreme Court gives liberty to the Sambhal Shahi Jama Masjid Committee to challenge the civil court order to conduct the advocate commissioner survey of the mosque premises before the appropriate forum under the Civil Procedure Code or under provisions of the Constitution.
It stresses that peace and harmony must be maintained in the district.
“Any petition for revision or miscellaneous relief in the High Court should be taken up within three working days, before January 8 (the next hearing date at the civil court). The civil court will not proceed with the matter until the HC takes up the listed matter, if any”, the order states.
The court clarifies that it has not expressed anything on the merits of the case. It is not disposing of the case before it.
- November 29, 2024 12:32
The Supreme Court refrains the civil court from taking any further steps in the suit. The report of the advocate commissioner will be kept in sealed cover for now.
The proceedings in the civil court will be on standby until any revision/miscellaneous plea filed before the Allahabad High Court is listed and heard.
The apex court has not disposed of the mosque committee’s plea. It has listed the case for hearing in the week commencing on January 6, 2025.
- November 29, 2024 12:27
The Chief Justice underscores that the district administration must ensure that peace is maintained.
“The district administration should be totally impartial”, he asserts.
Advocate Ahmedi points out that the Muslim community is facing at least 10 similar suits across the country. He says that the “modus operandi” is to get a survey done first in such matters.
- November 29, 2024 12:23
The Chief Justice asks advocate Huzefa Ahmedi, appearing for the mosque committee, whether the civil court order for the survey would not be appealable in the High Court under Article 227.
He suggests that the civil court order could be kept in abeyance. “We don’t want anything to happen”, he adds.
The Chief Justice says that the court will keep the matter pending but will not comment anything on the merits of the dispute.
- November 29, 2024 12:19
A Bench headed by Chief Justice of India (CJI) Sanjiv Khanna begins hearing the matter.
The Supreme Court is scheduled to hear a plea today from the Sambhal Shahi Jama Masjid Committee, which is seeking a stay on a district court-ordered survey of the mosque. The survey aims to determine whether the disputed structure was originally the Harihar temple.
According to the court’s causelist, a bench led by Chief Justice of India Sanjiv Khanna and Sanjay Kumar will address the mosque committee’s petition on November 29.
In its special leave petition, the Sambhal Shahi Jama Masjid Committee has requested an immediate and ex-parte stay on the decision made by Chandausi’s Civil Judge on November 19. They are also asking for the survey commissioner’s report to be kept confidential and for the status quo to be maintained until the Supreme Court resolves the matter.
Additionally, the petition argues that surveys in disputes over places of worship should not be conducted routinely without hearing all parties involved and allowing adequate time for those affected to seek judicial recourse.
Tensions escalated in Sambhal on November 24 during a second survey of the Mughal-era Jama Masjid, leading to stone-pelting at police and survey teams. The survey, which began at 7 a.m., attracted a large crowd that initially protested peacefully but later turned violent. The situation resulted in four fatalities and injuries to several police and officials.
In response to the violence, the Uttar Pradesh government has initiated a judicial inquiry. A three-member committee, led by retired High Court judge Justice Devendra Kumar Arora, has been tasked with investigating the incident. The committee also includes retired IAS officer Amit Mohan Prasad and former IPS officer Arvind Kumar Jain. They are expected to submit their findings within two months.
The inquiry aims to determine whether the violence that occurred during the court-ordered survey was a premeditated conspiracy or simply a criminal incident, as it resulted in injuries to police personnel, the deaths of four individuals, and significant property damage.