Police outside the Sambhal mosquePhoto: Tribhuvan TiwariPolice outside the Sambhal mosquePhoto: Tribhuvan Tiwari
On November 29moonrich88, 2024, the Supreme Court halted a survey of Sambhal mosque to determine whether it had been built over temple ruins. The SC directed that the trial court refrain from proceeding further until the Sambhal Shahi Jama Masjid Committee files its objections before the Allahabad High Court.
In his first high-profile case as Chief Justice of India (CJI), Justice Sanjiv Khanna sat alongside Justice Sanjay Kumar. The bench was hearing a petition filed by the mosque committee against a civil court direction allowing a site survey.
“Isn't this order revisable?” The CJI asked, speaking of the trial court order. The mosque had, in its petition, argued that the order for the survey order was passed without giving it appropriate notice or giving them any hearing at all. The order was passed “hastily” in a pending suit, the committee said in its 96-page Special Leave Petition (SLP) filed before the SC on November 28 night. “The site is protected under the Places of Worship Act, 1991,” the petitioners added.
The Hindu plaintiffs in the suit were represented by advocate Vishnu Shankar Jain. Jain was also the lawyer representing the Hindu parties in the Gyanvapi and Ayodhya/ Babri Masjid cases. Speaking to the court, Jain contended that “the mosque was built by Mughal emperor Babar in 1526 after demolishing a Harihar Temple.”
Meanwhile, the Uttar Pradesh government told the court that it constituted a three-member committee headed by ex-Allahabad High Court judge Devendra Kumar Arora to investigate the violence that has taken over the village since November 24. The government said its committee would submit its report within two months.
For Sambhal's Muslims, A Mosque 'Survey' Leaves Fear And Anguish In Its Wake Advocate Huzefa Ahmadi, appearing for the mosque, said the SLP was filed urgently as this issue is “capable of great public mischief.” Ahmadi pointed out that ten such suits were pending across the country. “The modus operandi is on the first day only, the surveyor is appointed. Please stay,” the advocate pleaded with the apex court.
“The hot haste in which the matter proceeded, and a subsequent survey was suddenly conducted gave rise to apprehensions in the mind of the residents of the area, which brought them outside their house. As per reports, the police opened fire at the protesting citizens, and six innocent lives have been lost as a result of firing with many injured,” said the SLP.
While not dismissing the SLP, the CJI said the bench “is not going into merits.” He said to the Additional Solicitor KM Nataraj, who was appearing for District Administration: “We don't want to say anything at this stage. We will keep it pending. But please see that peace and harmony are maintained. We have to be absolutely neutral.”
The apex court further said that the suit would be stayed until directions came from the HC and that no further steps should be taken on the issue until January 8. The court added that the UP Committee’s report should be filed by the Advocate Commissioner before it in a sealed cover and “should not be opened.” The matter has been listed for further hearing in the week commencing January 6, 2025.
There has been a rise in lower courts ordering surveys based on belated claims that some mosques have been built on ancient temple ruins under the Places of Worship Act. The Supreme Court is hearing four petitions challenging the Places of Worship Act. A suit is also pending, demanding the right to offer puja in the Qutub Minar complex. The suit claims that the complex was initially made up of 22 Hindu and Jain temples. Most of these matters would have been barred by limited but for the precedent set by former Chief Justice D Y Chandrachud in the Ayodhya case.
The violence in Sambhal has taken a heavy toll on the village and the country. Both Parliamentary Houses have been adjourned until Monday as Opposition continued its protests over the clashes in Sambhal and Manipur. Andmoonrich88, in Sambhal, seven FIRs have been registered over the violence and 27 people have been arrested, UP police has said. Sambhal S P Krishna Kumar Bishnoi informed media during a press conference that complaints have been filed against as many as 800 people after the violence.