SC halts Sambhal trial, directs UP govt to maintain peace and harmony

The Supreme Court on Friday, 29 November, ordered a Sambhal trial court to halt proceedings in the case over the Mughal-era Shahi Jama Masjid at Chandausi as well as the survey of its premises, while directing the UP government to maintain peace and harmony in the violence-hit town.

On 19 November, the court of the civil judge (senior division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner, after taking note of a plea by the Hindu side claiming the mosque was built by Mughal emperor Babur in 1526 after demolishing a temple.

On 24 November, following the order and initiation of the survey, violence gripped the area, snuffing out four lives.

Today (Friday, 29 November), a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed "peace and harmony must be maintained" and took note of the statement from additional solicitor general (ASG) K.M. Nataraj, appearing for the state administration, in this regard.

It directed that the proposed report of the advocate commissioner following the mosque survey should be kept in a sealed cover till the appellate courts — including the Allahabad High Court — heard the appeal of the mosque committee.

"The learned civil judge will not proceed with the matter till the revision petition/appeal/miscellaneous petition to be filed by the petitioner is listed before the high court/appropriate court/forum. The report submitted by the advocate commissioner, if any, will be kept in a sealed cover and will not be opened. Any further proceedings in the suit would be subject to the order passed by the high court/appropriate court/forum,” it said.

The apex court further directed the petition filed by the Shahi Jama Masjid Committee against the trial court's survey order be listed before the Allahabad High Court or any other appropriate forum within three working days.

"We feel that the petitioner, Committee of Management, Shahi Jama Masjid, Sambhal, must challenge the order dated 19 November 2024 before an appropriate court/forum as per law, including the provisions of the Code of Civil Procedure, 1908, and the Constitution of India," the Supreme Court order said.

The bench further observed that in case any revision petition or an appeal or a miscellaneous petition was filed before the appropriate court or forum, it would be listed within three working days from the filing date.

The order noted the plea of the Hindu side was fixed for hearing before the civil judge on 8 January 2025.

The bench made clear that it wasn't expressing any opinion on the merits of the matter and ordered the listing of the case of the mosque committee in the week commencing 6 January.

It granted liberty to the parties to move appropriate applications if necessary.

Earlier in the day, Sambhal court civil judge Aditya Singh directed the court-appointed commissioner, Rakesh Singh Raghav, to submit within 10 days the survey report on the mosque.

Senior advocate Huzefa Ahmadi represented the mosque committee in the top court. At the outset, the CJI asked Ahmadi how a plea was moved straightaway in the Supreme Court against the impugned order of a district civil court and advised him to take legal recourse in the high court.

Ahmadi submitted that the trial court’s order had the potential to cause "great mischief" while urging the top court to intervene.

The bench, however, advised the committee to approach the high court under Article 227 of the Constitution, which provides supervisory powers over lower courts.

"We may have some reservations on the order, but is it not amenable to Article 227? You have to approach the appropriate forum,” the CJI observed.

Expressing concern over communal harmony, the CJI added, "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 then asked the state administration to set up a peace committee having members from both the communities.

The ASG assured the bench of the state’s commitment to maintain peace in the area.

The management committee of Sambhal's Shahi Jama Masjid moved the Supreme Court on 28 November, challenging the 19 November order of the district court directing a survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the 19 November order passed by the civil judge.

Tensions came to a head in the town when the court-ordered survey of the Shahi Jama Masjid was carried out, to examine evidence for claims that a Harihar temple previously stood at the site.

On 24 November, protesters gathered near the mosque and clashed with the security personnel, leading to stone pelting and arson, leaving four dead and several injured.