New Delhi: The Supreme Court on Friday directed a Sambhal trial court to not proceed in the case on the Mughal-era Shahi Jama Masjid at Chandausi of the district and its survey, till the mosque committee’s petition is listed before the High Court and appropriate orders are passed.
The apex court directed the petitioner mosque committee to approach the Allahabad High Court to challenge the district court’s November 19 order directing a survey of the mosque.
The apex court directed the Uttar Pradesh government to maintain peace and harmony in the violence-hit town and ordered re-listing of the matter in the week starting January 6. The top court also ordered that the advocate commissioner's report be kept in a sealed cover.
The court of civil judge (senior division) of Sambhal had on November 19 passed an ex-parte order for a survey of the mosque by an advocate commissioner following a plea of the Hindu side that claimed the mosque was built by the Mughal emperor Babur in 1526 after demolishing a temple.
On November 24, violence was reported from the area after a second round of survey of the mosque by the advocate commissioner and as many as four persons were killed during the riots.
Hearing the plea of the Shahi Jama Masjid Committee, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar underscored the importance of maintaining peace in Sambhal district and said the report prepared by the court commissioner following the mosque survey should be sealed and not opened until further orders.
The apex court directed the petition filed by the mosque committee against the trial court's survey order be listed before the Allahabad high court within three working days.
In its order, the top court said: “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 (K.M. 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.”
“We are told that the matter is fixed before the trial court on 8th January 2025. We hope and trust the trial court will not proceed with the matter till the matter is listed before the high court and any further proceedings will be in terms of the order passed. We clarify we have not expressed any opinion on the merits of the matter. We are not disposing of the present special leave petition (before the Supreme Court). Re-list (it) in the week commencing January 6,” the bench said.
Earlier in the day, Sambhal court civil judge Aditya Singh directed the court-appointed commissioner, Rakesh Singh Raghav, to submit within 10 days the mosque survey report.
As the proceedings began, the CJI asked mosque committee’s counsel Huzefa 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 in the matter.
The bench, however, advised the committee to approach the high court under Article 227 of the Constitution, which accords 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.
Concerned over the communal harmony situation in Sambhal, Justice Khanna 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.”
When the top court directed the state administration to set up a peace committee having members from both communities, 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 top court on Thursday, challenging the November 19 order of the Sambhal’s civil court directing a survey of the mosque and sought an ex-parte stay on the operation of the civil judge’s order.
After the November 19 civil court order, tensions enveloped the Sambhal district when the court-ordered survey of the Shahi Jama Masjid was carried out. The trial court’s order for survey of the mosque came in response to a plea by the Hindu side that claimed a Harihar temple earlier stood at the site before being demolished.
On November 24, protesters gathered near the mosque and clashed with the security personnel, leading to stone pelting and arson, leading to four casualties and injuries to several others.
