New Delhi: The Sambhal Shahi Jama Masjid Committee has 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 matter is listed on Friday before a bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar. 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.
