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Informist, Friday, Nov. 29, 2024

 

NEW DELHI – Observing that "peace and harmony must be maintained" in Sambhal, the Supreme Court on Friday asked the trial court in Uttar Pradesh's Sambhal to not proceed with the case involving Shahi Jama Masjid till the mosque committee's plea challenging Civil Judge (Senior Division)'s order to allow survey of the mosque was listed in the Allahabad High Court. The Hindu side has claimed that the Mughal era mosque was built by destroying the "Shri Hari Har Temple".

 

The Bench led by Chief Justice of India Sanjiv Khanna said that the petitioner--Committee of Management, Shahi Jama Masjid, Sambhal--must challenge the civil judge's order at an appropriate forum as mentioned in the Code of Civil Procedure, 1908, and Constitution of India. Chief Justice Khanna said that in case any appeal is preferred before the appropriate forum, the same would be listed within three working days. 

 

The apex court said that the report submitted by the advocate commissioner, appointed by the civil judge for surveying the mosque, shall be kept in a sealed cover and not be opened. The court said that it will not dispose of the mosque committee's appeal and the petitioner could file an appropriate application whenever needed, and listed the case for Jan. 6. 

 

At the outset, the top court had remarked that it had "some reservations on the order" of the civil judge. The court questioned the petitioner whether the order could be challenged under Article 227 of the Indian Constitution, which gives the high courts the power of superintendence over all courts and tribunals within its jurisdiction. 

 

The case has its genesis from a suit filed by Hari Shankar Jain and others saying that there was a temple earlier where the Sambhal mosque stood. On Nov. 19, the civil judge passed an ex-parte order and allowed the request for appointing an advocate commissioner for survey of the mosque. 

 

According to the petition, within two hours of the order, the advocate commissioner, along with Jain's advocates and the police force, arrived at the mosque to conduct the survey. On Nov. 24, the team came for a second survey at the mosque and asked the worshippers, who were present in the mosque for dawn prayers, to leave the premises, the petitioner said.

 

"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," said the petition. Thereafter, four people died of gunshot wounds metres away from the mosque after violence that broke out after the survey team showed up at the mosque. Police, however, have claimed that the bullets were not fired by them. 

 

Consequently, the mosque committee moved the Supreme Court against the civil judge's order. The petitioner asked the top court to direct that the report of the survey be kept in a sealed cover and the status quo be maintained until the finality of the appeal. The petitioner asked the apex court to issue directions that surveys should not be ordered and executed as a matter of course in cases involving disputes over places of worship without hearing all parties and allowing sufficient time for the aggrieved persons to seek judicial remedies against the order of survey.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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