Indian SC halts trial court proceedings in Sambhal mosque dispute
New Delhi: The Indian Supreme Court has directed a Sambhal trial court to temporarily halt proceedings in the case over the Mughal-era Shahi Jamia Masjid and its survey at Chandausi while directing the UP government to maintain peace and harmony in the violence-hit town.
According to Kashmir Media Service, on November 19, a court of civil judge (senior division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner after taking note of a plea of the Hindu side that claimed the mosque was built by Mughal emperor Babur in 1526 after demolishing a temple.
On November 24, violence gripped the area, post the order, snuffing out four lives.
On Friday, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar emphasised the importance of maintaining peace in the Sambhal district and instructed that the report prepared by the court commissioner following the mosque survey be sealed and not opened until further orders.
It further directed the petition filed by the Shahi Jamia Masjid Committee against the trial court’s survey order be listed before the Allahabad High Court within three working days.
“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,” the CJI wrote in the order.
The order noted that the matter was fixed before the trial court on January 8, 2025 and said, “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.”
