Supreme Court asks Sambhal court to defer hearing on Shahi Jama Masjid survey case

The Supreme Court on Friday asked the trial court in Sambhal, Uttar Pradesh to not take any action pursuant to its order calling for a survey of the Shahi Jama Masjid [Committee of Management Shahi Jama Masjid Sambhal v. Hari Shankar Jain and Ors]..A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar called upon the authorities to maintain peace and harmony in the wake of the violence that followed the court order. It ordered,"We feel that petitioner must challenge the order of November 19 before an appropriate forum as per the Code of Civil Procedure. In the meantime, peace and harmony must be maintained. ASG KM Nataraj assures the same. In case any appeal is preferred, it shall be listed within 3 working days after filed. Trial court is to hear the case on January 8 and we hope and trust that trial court will not proceed with the matter till the matter is listed before the High Court. We clarified we have not expressed any opinion. We are not disposing of the SLP. Relist in the week commencing January 6, 2025.".The Bench was hearing an appeal against a civil court order calling for the survey. Civil judge (senior division) Aditya Singh had appointed an advocate commissioner to conduct a survey and submit a report by November 29.The court direction was issued in response to a plea filed by Advocate Hari Shankar Jain and seven others, who had claimed that the mosque was constructed over a demolished temple during the Mughal era..When the matter was taken up for hearing, CJI Khanna said,"We have some reservations on the order yes... but is it not amenable to Article 227 jurisdiction at the High Court? Let this be pending...we want peace and harmony...you file submissions...till then let trial court not take any action."Appearing for the petitioner, Senior Advocate Huzefa Ahmadi told the Court that the order is capable of causing "great public mischief". He added,"There are 10 such suits pending...the operandi is that a survey is ordered and then a story is built..."The Court then observed,"Peace and harmony must be ensured. We will keep this pending. We do not want anything to happen. See section 43 of mediation act and see district should form mediation committees...we have to be absolutely neutral and ensure that nothing untoward happens.".In the plea before the top court, the Shahi Jama Masjid Committee at Sambhal has prayed for a stay on the survey, alleging that it was ordered in "hot haste".Surveys should not be ordered and executed as a matter of routine in cases related to places of worship, the Committee has said.It has further stressed that such orders should not be passed without hearing the defendants. In case such an order is passed, sufficient time should be given by the civil courts to seek appropriate judicial remedy.Senior Advocate Huzefa A Ahmadi and advocates Fuzail Ahmad Ayyubi, Nizamuddin Pasha, Ibad Mushtaq, Akanksha Rai and Gurneet Kaur appeared for the petitioner..Four people were reportedly killed amid stone-pelting and vehicle-torching incidents that followed the order.Violence erupted between protestors and police personnel on November 24 after a team of surveyors arrived in Chandausi town to conduct a second survey of the Shahi Jama Masjid, after the initial survey on November 19.An autopsy had ruled out police firing as the cause of the deaths..Meanwhile, a plea has also been filed in the Allahabad High Court seeking a Special Investigation Team (SIT) probe into the communal violence that erupted in Sambhal district following the court-ordered survey..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.