GG News Bureau
New Delhi, 29th Nov. The Supreme Court on Friday intervened in the ongoing case involving the Mughal-era Shahi Jama Masjid in Sambhal, directing a temporary halt to the trial court’s survey proceedings. The bench, comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, ordered that the report from the court-appointed commissioner on the mosque survey remain sealed and not be opened until further orders. The court also stressed the need to maintain peace and harmony in Sambhal, which has been grappling with violence since the survey order was issued.
On November 19, the Sambhal court had ordered an ex-parte survey of the Shahi Jama Masjid after Hindu litigants claimed that the mosque, built by Mughal Emperor Babur in 1526, was constructed after demolishing a temple. The survey was slated to be conducted by an advocate commissioner, and despite this order, the region saw violent protests on November 24, resulting in four fatalities.
The Supreme Court emphasized the importance of peace in the region, with the Chief Justice urging the Uttar Pradesh government to take all necessary steps to restore calm. The court also instructed that the mosque committee’s petition against the trial court’s order be presented before the Allahabad High Court within three working days.
The court further advised the mosque committee to seek redress through the High Court, referencing Article 227 of the Constitution, which allows for the supervision of lower court proceedings. “Peace and harmony have to be maintained,” CJI Sanjiv Khanna said, highlighting the need for neutrality in the case. The state government assured the bench of its commitment to maintaining peace, with the Chief Justice suggesting the formation of a peace committee consisting of members from both communities.
The Shahi Jama Masjid Committee had filed a petition with the Supreme Court on November 28, challenging the district court’s November 19 order and seeking a stay on the survey. Following the court’s directions, the case is now scheduled for review in January 2025, with the trial court instructed not to proceed with the matter until the High Court has had a chance to hear the case.
The controversy began in Sambhal after claims surfaced that a Harihar temple had once stood on the site of the mosque. The survey order and subsequent tensions have sparked unrest, leading to clashes between protesters and security forces, culminating in stone-pelting and arson.
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