'We Don't Want Anything To Happen In The Meanwhile,' SC Halts Action On Sambhal Masjid Survey

SC asked the Sambhal trial court not to pass any order in the case related to the survey of the Mughal-era mosque there.

New Delhi: The Supreme Court on Friday asked the Uttar Pradesh government to ensure "peace and harmony" is maintained in Sambhal, and asked the trial court not to proceed in the suit against the Sambhal Jama Masjid, till the petition filed by the masjid committee against the survey order is listed before the high court. The apex court asked the Sambhal district administration to form peace committees and maintain peace and harmony in the area.

The matter came up before a bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar. The CJI said the court is not going into merits of the matter and stressed, “We don't want anything to happen in the meanwhile...”.

At the beginning of the hearing, the CJI said peace and harmony should be maintained. The bench told senior advocate Huzefa Ahmadi, representing the Sambhal Shahi Jama Masjid Committee, that the court understands that he may have reservations on the order passed by the trial court.

Ahmadi said the bench had already seen the trial court order. The CJI said the court will keep this petition pending and “we want peace and harmony and do not want any disturbance”. “In the meanwhile, you file whatever remedy is available to you and we will keep it pending….till then let the trial court not take any further (action)…”, said the CJI.

At this juncture, advocate Vishnu Shankar Jain, representing the Hindu side, attempted to make submissions before the bench. The CJI said, “we do not want to go into the merits….normally we do not allow them to leapfrog and come”. Jain said the next date of hearing before the trial court is January 8. “We do not want anything to happen in the meanwhile, that is all…anything should not happen. They have a right to file. They (the committee) have a right to challenge that order”, said the CJI.

Additional solicitor general K M Nataraj informed the court that he is representing the district administration and added that they are taking care of everything and all precautions will be taken. The CJI said please ensure that peace and harmony is maintained, and added, “we do not want anything to happen. Please also section 43 of the new Mediation Act, where the district administration has to form peace committees, members of all the groups”.

Nataraj said they do not want any untoward incident to happen. “You have to be neutral. Ensure that nothing goes wrong”, said the CJI. Ahmadi said he is aware of ten suits which are pending against the length and breadth of the country, and added that the modus operandi in these cases is that on the first day a survey is appointed and requested the apex court to stay the trial court order.

The CJI said, “No, we are saying that no further steps (by the trial court) in the suit without the permission of the high court. Move the high court. Trial court will not take steps”, and pointed out that the next date is January 8, before the trial court.

The bench said, “The petitioner must challenge the order dated November 19, in the appropriate forum as per the provisions code of civil procedure….in the meanwhile, peace and harmony must be maintained”. “We are told the matter is fixed before the trial court on January 8, 2025. We hope and trust the trial court will not proceed till the matter is listed before the high court….relist in the week commencing January 6, 2025”, said the CJI.

The Sambhal Shahi Jama Masjid Committee moved the Supreme Court against the trial court order for the commission survey of the mosque in a suit which alleged that it was built after destroying a temple.

The committee moved the apex court through advocate Fuzail Ahmed Ayubbi. “The hot haste in which the survey was allowed and conducted all within a day and suddenly another survey was conducted after a couple of days with a notice of barely 6 hours, has given rise to widespread communal tensions and threatens the secular and democratic fabric of the nation”, said the plea filed in the apex court through advocate Ayubbi.

The plea contended that the suit is barred by the Places of Worship Act and the trial court erred in passing the order ex-parte without hearing the mosque side. The petitioner submitted that the mosque is an ancient monument protected by the ASI.

The committee said it was constrained to move the apex court against the backdrop of extraordinary circumstances.

Last week, a civil judge (senior division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner. The plaintiffs before the trial court claimed that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there. The violence erupted amid protests as the officials arrived for the survey of the Shahi Jama Masjid in Chandausi, leaving four dead and many injured.