The Supreme Court has directed that the Jama Masjid survey report in Sambhal be sealed and no further trial proceedings take place until January 2025. The bench called for peace, advising the Masjid Committee to approach the High Court to challenge the order
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The Supreme Court on Friday called for maintaining "peace and harmony" in Sambhal, Uttar Pradesh, and directed that the report of the advocate commissioner, who conducted a survey of the Jama Masjid, be kept in a sealed cover. The court further instructed the trial court in Sambhal to refrain from proceeding in the suit against the mosque until the Masjid Committee's petition against the survey order is addressed in the High Court.
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A bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar emphasised the need for neutrality in such disputes. "Peace and harmony have to be maintained. We don't want anything to happen... We have to be absolutely, totally neutral and ensure nothing wrong is done," the bench stated during the proceedings.
The Supreme Court was hearing a plea from the Committee of Management of Jama Masjid, which challenged the local court's November 19 order permitting a survey of the mosque. Senior advocate Huzefa Ahmadi, representing the mosque committee, was advised by the bench to approach the High Court for relief rather than seeking redress directly from the Supreme Court.
"We have some reservations against the order, but still, you have to approach the appropriate forum," the bench remarked. The apex court suggested that the petitioners follow due process and challenge the survey order in the High Court. However, the Supreme Court ensured that no further actions would be taken by the trial court until January 8, 2025.
In its petition, the Masjid Committee argued that the survey report should remain sealed and the status quo maintained until the case reaches a final decision. "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 judicial remedies," the petition stated.
The local court's November 19 directive came amidst claims from certain individuals alleging that the site of the mosque was historically a Harihar temple. The sudden survey, conducted with minimal notice, sparked tensions in Sambhal, leading to violent clashes between locals and police. Four individuals reportedly lost their lives during these incidents, according to ANI reports.
The Masjid Committee expressed concern over the rising pattern of ordering surveys in disputes related to places of worship. The petition underscored the potential harm to the nation's secular fabric, citing the need for judicial scrutiny and caution in handling such sensitive cases.
The Supreme Court has kept the matter pending and scheduled it for further hearing during the week commencing January 6, 2025. The petitioners have invoked Section 136 of the Constitution, allowing the Supreme Court to directly adjudicate extraordinary cases.
The court reiterated that surveys should not be routine in cases involving disputes over religious sites, especially when they could provoke communal tensions or law and order issues. The Masjid Committee called for safeguards to protect the constitutional values of secularism and fraternity in handling such matters.
As per ANI, the incident has broader implications, with similar disputes and survey orders raising concerns across the country. The apex court's intervention aims to ensure that peace prevails while judicial processes are observed.
(With inputs from ANI)
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