SC halts trial court proceedings in Sambhal mosque dispute, asks authorities to maintain peace, harmony
NEW DELHI: The Supreme Court on Friday in its order asked the trial court in Uttar Pradesh not to proceed in the suit against Sambhal Jama Masjid case row, till the mosque committee's petition challenging the survey order is listed in the High Court, and directed the authorities to "maintain peace & harmony."
"We direct the advocate commissioner's report to be kept in the sealed cover and not to be opened in the meantime. Peace and harmony must be maintained at any cost," a two-judge bench of the apex court, led by the CJI (Chief Justice Of India) Sanjiv Khanna and Justice Sanjay Kumar, said.
It added that till the Shahi Idgah committee moves the HC, against the trial court's order directing survey of the mosque, claimed to be a temple by Hindu sides in a suit, the trial court was directed not to hear the suit till then.
"We feel that the petitioner, Committee of Management, Shahi Jama Masjid, Sambhal, must challenge the order of November 19, 2024 before an appropriate Court/forum as per law, including the provisions of the Code of Civil Procedure, 1908, and the Constitution of India. In the meanwhile, peace and harmony must be maintained. K.M. Nataraj, Additional Solicitor General (ASG) appearing for the District Administration, Sambhal, Uttar Pradesh, assures the Court with regard to the same," the bench in its order, a copy accessed by this Newspaper, said.
The apex court also made it clear in its order that no further steps would be taken by the trial court, which had ordered the survey of the mosque. "We do not want anything to happen till they move HC. The trial court will not give effect to its order," the CJI, heading the bench, said.
Yesterday, the plea was filed by Committee of Management Shahi Jama Masjid, Sambhal (CMSJMS), seeking a direction for a stay on the Civil judge's November 19 order, on the ground that the survey was ordered in "haste" after a suit before the District court claimed that the mosque was a temple.
The plea, filed by the CMSJMS before the Supreme Court on Thursday evening, sought an urgent hearing into it, to which the top out agreed to hear it today on Friday.
On November 19, the Civil Judge (Senior division) in Sambhal, Aditya Singh, had in its order directed an advocate commissioner to conduct a survey of the Shahi Jama Masjid in Sambhal. In this process, the judge had appointed Ramesh Raghav as the advocate commissioner to conduct a survey and submit a report by November 29.
The judge passed the order and the direction was issued after hearing a plea filed by advocate Hari Shankar Jain and seven others, who had claimed that the mosque was constructed over a demolished temple during the Mughal era.
The plea of CMSJMS said that the survey was allowed and conducted all within a day which was followed by another survey with a notice of barely 6 hours."These actions have given rise to widespread communal tensions and threatens the secular and democratic fabric of the nation," the plea of CMSJMS, aid.
The petitioner committee has urged the Supreme Court to pass directions and stop the surveys immediately.
The order was executed involving different communities over places of worship without hearing the defendants (CMSJMS and others) and without allowing sufficient time to the aggrieved persons to seek judicial remedies against the order of survey, the plea of CMSJMS said.
The apex court also in its order said, we observe that, in case any revision petition/ appeal/miscellaneous petition is preferred before the appropriate Court/forum, the same will be listed within a period of three working days after the date of its filing.
The SC noted, we were told that the matter is fixed before the Court of the Civil Judge (Senior Division) on January 08, 2025. The Civil Judge will not proceed with the matter till the revision petition/ appeal/ miscellaneous petition to be filed by the petitioner, is listed before the High Court/ appropriate Court/ forum. "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/appropriate Court/forum," it said.
While clarifing that it did not express any opinion on the merits of the matter, the apex court fixed the matter for further hearing to the week commencing on January 6, 2025.
