SC stalls trial court proceedings in Sambhal Mosque dispute

| Updated: 29 November, 2024 1:28 pm IST

NEW DELHI: The Supreme Court on Friday directed the Sambhal Trial Court to halt proceedings in the case concerning the Shahi Jama Masjid until the matter is addressed by the Allahabad High Court. The apex court also instructed that the survey report prepared by the advocate commissioner remain sealed and unopened in the interim.

 

A bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was hearing the petition filed by the mosque committee challenging the November 19 order of the trial court, which had allowed a survey of the mosque based on claims that it was built by Emperor Babur in 1526 after demolishing a temple.

 

Highlighting the need for communal harmony, CJI Khanna stated, “Peace and harmony must be maintained. We have to remain neutral and ensure nothing escalates.” The bench emphasized that the trial court should refrain from taking any action until January 8, 2025, when its next hearing is scheduled.

 

ALSO READ: SC to hear Sambhal Mosque Committee’s plea against survey orders – THE NEW INDIAN 

 

The court also advised the mosque committee to approach the High Court under Article 227 of the Constitution instead of directly filing a petition in the Supreme Court. Senior Advocate Huzefa Ahmadi, representing the mosque committee, argued that the ex-parte order for the survey violated the Places of Worship Act and overlooked the mosque’s protected status as an ancient monument under the Archaeological Survey of India (ASI).

 

The November 19 order had sparked unrest in Sambhal, leading to violent clashes that resulted in four deaths. The petitioners claimed that the rapid execution of the survey created panic among residents, further fueling tensions.

 

While the Supreme Court refrained from commenting on the merits of the case, its interim order seeks to preserve communal harmony while providing the mosque committee with an opportunity to contest the trial court’s decision through appropriate legal channels.

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