Sambhal mosque survey: SC stresses on peace, asks trial court not to proceed further

New Delhi, Nov 29 (IANS) The Supreme Court on Friday told the Uttar Pradesh government that “peace and harmony must be maintained” as it dealt with a plea filed by the Sambhal Shahi Jama Masjid Committee seeking a stay on a district court-ordered survey of the mosque.

Addressing the Additional Solicitor General (ASG), KM Nataraj, who represented the state of Uttar Pradesh, a Bench headed by Chief Justice of India (CJI) Sanjiv Khanna said, “Mr Nataraj, ensure that peace and harmony is maintained. We don’t want anything to happen. You have to be absolutely neutral and ensure nothing goes wrong.”

In response, ASG Nataraj assured that the Sambhal district administration would ensure that nothing untoward would happen.

The Bench, also comprising Justice Sanjay Kumar, told the mosque committee to approach an appropriate forum against the district court-ordered survey and in the meantime, asked the trial court to not proceed with the matter.

The apex court said that in case any appeal is preferred before the Allahabad High Court or any other forum, the appeal will be listed within three working days after it is filed.

Clarifying that the apex court has not expressed any opinion on merits, it ordered to re-list the matter in the week commencing January 6.

In its Special Leave Petition filed before the Supreme Court, the Sambhal Shahi Jama Masjid Committee has sought an ad-interim and ex-parte stay on the operation of the impugned decision passed by Chandausi’s Civil Judge on November 19.

Further, it demanded that the report of the survey commissioner be kept in a sealed cover and status quo be maintained until the issue is determined by the Supreme Court.

The petition also sought directions to the effect 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.

Tensions mounted in Sambhal on November 24 during the second survey of the Mughal-era Jama Masjid after locals pelted stones at the police team.

A second survey, as part of a court-ordered examination into the disputed site, began around 7 A.M. and a crowd began gathering at the spot.

At first, the crowd just shouted slogans, and then, some people started pelting stones at the police and survey team, according to the police.

The attackers also vandalised and set vehicles afire, and firing broke out in which four youths were killed and several people including policemen and officials were injured.

Meanwhile, the Uttar Pradesh government has ordered a judicial enquiry into the recent incident of violence in Sambhal in which at least four persons lost their lives.

As per the order of the Uttar Pradesh Home Department, a three-member committee headed by retired High Court judge Justice Devendra Kumar Arora has been handed the responsibility of conducting an investigation into the matter.

The two other members of the committee are retired IAS officer Amit Mohan Prasad and former IPS officer Arvind Kumar Jain.

The order to constitute the committee was issued by the Home Department of Uttar Pradesh on Thursday and the panel had been directed to submit its report within two months.

"It is necessary to investigate in public interest whether the incident of violence that took place on November 24, 2024, during the survey ordered by the Court in the Jama Masjid vs Harihar Mandir dispute was a pre-planned conspiracy or a normal criminal incident, due to which several police personnel were injured, four persons died and property was also damaged," said the order.

--IANS

pds/rad