Supreme Court Halts Sambhal Mosque Survey, Directs Shahi Jama Masjid Management to Approach Allahabad HC

The Supreme Court Friday asked the management committee of the Shahi Jama Masjid in Uttar Pradesh's Sambhal district to move the Allahabad HC, challenging the trial court's order that permitted survey work at the mosque which claimed it was constructed atop an ancient Hindu temple which had been demolished.

Another bench consisted of Chief Justice of India Sanjiv Khanna along with Justice Sanjay Kumar as well, also sought a relief for the court of civil judge (senior division), which had permitted the survey, not to proceed any further with the case before the high court passes such orders.

The matter is reportedly fixed before the trial court on 8th January 2025. We hope and trust that the trial court will not proceed with the matter till the matter is listed before the high court and any further proceedings will be in terms of the order passed, it said.

Further to the above, the bench said, "In case any revision/appeal/miscellaneous petition is preferred before the appropriate forum, the same would be listed within a period of 3 working days after the same is filed".

The court said, "In the meanwhile, peace and harmony must be maintained" and recorded the assurance of ASG K M Nataraj to this effect. The ASG, appearing for the district administration, said, "We are taking care of it.".

It has further ordered that in case the advocate commissioner, who would be appointed by the trial court for conducting the survey, files any report, it will be kept sealed and shall not be opened.

The Supreme Court of India stated that it would keep the appeal pending and again consider it on January 6, 2025. The bench made it clear that it did not even pass any view regarding the merit of the matter.

The appeal further contended that the mosque was in existence since the 16th century and it has been continuously in use by Muslims as a place of worship but the matter was rushed through in "hot haste" after a suit was filed by eight plaintiffs who alleged that it was built after destroying the 'Shri Hari Har Temple'.

The plea further said that it was an order dated 19 November which allowed a request made in an ex-parte application for appointing an advocate commissioner for conducting survey of the mosque as ordered by the trial court on that date. According to it, no reasons were assigned why the application was considered as ex-parte and what was the reason why the court allowed it. No reason and no terms of reference for the survey were given, said the court while observing.
The mosque management claimed that in two hours from the passing of the order, advocate commissioner along with the plaintiffs' advocates and police force arrived at the mosque and began to conduct the survey that took place from 6 pm till 8.30 pm.

The team arrived for a second survey on the morning of November 24 and asked worshippers, who were present in the mosque for dawn prayers, to leave the premises, it said. The plea added: "The hot haste in which the matter proceeded and a subsequent survey was suddenly conducted, gave rise to apprehensions in the mind of the residents of the area, which brought them outside their house."

#WATCH | Sambhal, UP | Devotees begin to gather at Shahi Jama Masjid to offer Friday prayers.

Supreme Court today asked the Sambhal trial court not to proceed in the suit against the Shahi Jama Masjid, till the petition filed by the Masjid Committee against the survey order is… pic.twitter.com/Cv2HFuMpRV

— ANI (@ANI) November 29, 2024