The Supreme Court on Friday directed the management committee of the Shahi Jama Masjid in Uttar Pradesh’s Sambhal to approach the Allahabad High Court to contest a trial court order permitting a survey of the mosque. The civil suit claims that the mosque was built after demolishing a Hindu temple, Shri Hari Har Temple.
A bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar emphasized maintaining peace and harmony during the legal proceedings. The court instructed the civil judge’s court in Sambhal, which had allowed the survey, to halt proceedings until the Allahabad High Court delivers an order.
The bench stated the trial court, scheduled to hear the matter on January 8, 2025, should not proceed until the High Court intervenes.
It added that any appeals or petitions filed must be listed for hearing within three working days. If the advocate commissioner submits a survey report, it must remain sealed and unopened, the bench said.
Background of the Sambhal Mosque Survey case
The mosque management argued that the Shahi Jama Masjid, which has been in continuous use as a place of worship since the 16th century, is being unfairly targeted. The controversy began after eight plaintiffs filed a suit on November 19, alleging the mosque was constructed over the ruins of a temple.
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The trial court quickly issued an ex-parte order for the survey, appointing an advocate commissioner. According to the mosque management’s appeal, the decision lacked proper reasoning and terms of reference for the survey.
Survey and Aftermath
The initial survey was conducted on the same day the court order was issued, from 6 pm to 8:30 pm, in the presence of police and plaintiffs’ advocates. A second survey attempt on November 24 disrupted morning prayers, leading to tensions in the area.
This sequence of events escalated into violence, leaving four individuals dead from gunshot wounds. Police denied firing the bullets, deepening concerns about the situation’s handling.
Maintaining Peace and Harmony
Additional Solicitor General K M Nataraj assured the court of measures to maintain peace in the region. The Supreme Court recorded this assurance, reiterating the importance of harmony during the legal process.
The Supreme Court will hear the appeal on January 6, 2025, while the Allahabad High Court is expected to address the legal challenge to the trial court’s survey order. Meanwhile, local authorities have increased security in Sambhal to prevent further unrest.
