On Friday the Supreme Court asked the trial court in Uttar Pradesh’s Sambhal not to proceed with the mosque survey case till the Shahi Idgah committee of the Jama Masjid moves the High Court. The top court’s order comes days following violence broke out in Sambhal, killing five people, following a court-mandated survey of the mosque.
A bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar also directed that the report of the commissioner, who conducted the survey of the mosque, should be kept in a sealed cover and should not be opened in the meantime. CJI said, “Let this be pending. We want peace and harmony. You (petitioner) approach the High Court. Till then, let the trial court not take any action”.
The Supreme Court’s order came on a plea filed by the Sambhal Shahi Jama Masjid Committee challenging the order passed by the trial court commissioning the survey of the mosque. The trial court order came following claims that the mosque was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there.
“The petition filed by the mosque committee before the High Court should be listed within three working days”, said the top court. However, the Supreme Court, kept the committee’s plea before it pending and ordered it to be listed in the week starting January 6, 2025.
The court said, “We clarify we have not expressed any opinion on the merits of the matter. We are not disposing of the present plea. Re-list in the week commencing January 6, 2025”. Appearing for the mosque committee, senior advocate Huzefa Ahmadi told the top court that the trial court order was capable of causing “great public mischief”. “Ten suits are pending across the length and breadth of the country, the modus operandi is on the first day only, the surveyor is appointed,” he said.
The Supreme Court asked the trial court to not take any steps till January 8 while asking the district administration to ensure peace and harmony. The court further said, “We do not want anything to happen. See Section 43 of the mediation act… the district should form mediation committees. We have to be absolutely neutral”.
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