Maintain peace, SC tells UP; halts hearing in Sambhal mosque case
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 Uttar Pradesh 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.
Editorial: Targeting mosques
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 KM 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.
Both sides welcome move
- Both parties — Hindu litigants who claimed that a temple stood at the site and the masjid committee – welcomed the SC order
- While the shrine committee termed it a positive development, the Hindu litigants said the order would be followed
“The learned civil judge will not proceed with the matter till the revision petition to be filed by the petitioner, is listed before the high court or appropriate court. 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 or appropriate court,” it said.
The SC 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 or forum as per law, including the provisions of the Code of Civil Procedure, 1908, and the Constitution,” 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.
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.
Expressing concern over communal 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 communities.
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.
SC to hear Mathura plea on Dec 9
The Supreme Court on Friday said it would hear on December 9 a plea of the mosque committee against the Allahabad HC order rejecting its petition challenging the maintainability of 18 cases of the Hindu side related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura.
