The Supreme Court on Friday temporarily halted proceedings in the Sambhal mosque dispute, directing a local trial court to suspend its survey of the Mughal-era Shahi Jama Masjid in Chandausi. The Court also instructed the Uttar Pradesh government to take steps to maintain peace and harmony in the violence-affected town.
The controversy began when, on November 19, a civil judge in Sambhal issued an ex-parte order for a survey of the mosque by an advocate commissioner. This followed a petition from Hindu petitioners who claimed that the mosque, built by Mughal emperor Babur in 1526, had been constructed after demolishing a pre-existing temple. Violence erupted in Sambhal on November 24, following the court’s order, resulting in four deaths.
In its ruling, the Supreme Court stressed the importance of restoring peace in Sambhal and directed that the survey report prepared by the court commissioner be sealed until further notice. The Court also ordered that the Shahi Jama Masjid Committee’s petition against the survey order be brought before the Allahabad High Court within three working days.
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“We feel that the petitioner (mosque committee) must challenge the order dated November 19, 2024, in an appropriate forum. In the meantime, peace and harmony must be maintained. The Additional Solicitor General (KM Natraj appearing for the state government) assures the same. We also observe that in case any revision petition/miscellaneous petition is preferred, the same would be listed within a period of three working days,” Chief Justice Sanjiv Khanna wrote in the order.
“We hope and trust the trial court will not proceed with the matter till the matter is listed before the High Court. We clarify we have not expressed any opinion on the merits of the matter. We are not disposing of the present special leave petition. Re-list (it) in the week commencing January 6,” the order read
The case was scheduled for a hearing in the trial court on January 8, 2025, but the Supreme Court clarified that no further proceedings should take place until the matter is addressed by the High Court.
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