The Supreme Court on Friday directed a Sambhal trial court to temporarily halt proceedings in the case over the Mughal-era Shahi Jama Masjid and its survey at Chandausi. It also directed the Uttar Pradesh government to maintain peace and harmony in the violence-hit town.
A bench consisting of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar also instructed the local administration to take all the necessary measures to ensure peace and harmony in the region.
The Apex Court was hearing a petition filed by the Sambhal Shahi Jama Masjid Committee against a trial court direction allowing a survey of the Mosque to verify whether it was built on the ruins of a temple.
While the court clarified that it is not making any observations on the merits of the dispute, it has opted to keep the mosque committee’s petition in abeyance. The further hearing on the matter has been listed for January 6 next year.
Meanwhile, the Chief Minister Yogi Adityanath-led Uttar Pradesh government has constituted a three-member committee to look into the matter and submit its report in the next two months. The three-member committee is headed by former Allahabad High Court judge Devendra Kumar Arora, while the other two members are former IPS officers Amit Mohan Prasad and Arvind Kumar Jain.
“We will abide by the orders of the honourable Supreme Court. We will maintain law and order in Sambhal. Orders have been given for a judicial investigation. We will take strict against all the culprits after an impartial probe,” said Uttar Pradesh Deputy CM Brajesh Pathak on the Apex Court order.
Sambhal MP Ziaur Rahman, speaking on the matter, said: “Our demand is that the commission to be constituted should be under the supervision of sitting judges of the Supreme Court and High Court. Only then can we hope for an honest investigation.”
“Death of four and injuries to several people is a serious issue. I welcome the decision of the Supreme Court. It has directed that no steps will be taken without the High Court. In a way, it has said that the lower court does not have any jurisdiction,” said Congress MP Pramod Tiwari on the Supreme Court order.
During the Friday prayer at the Masjid, UP Police kept a tight vigil using drones as people started to arrive at Sambhal’s Shahi Jama Masjid.
“Today, the Supreme Court has delivered a very significant interim order. There are three to four key points: the SC has directed the district administration to ensure peace and harmony in Sambhal. It has stayed proceedings in the suit pending before the civil judge in Sambhal until the Jama Masjid committee approaches the High Court, and the High Court decides on the challenge to the original interim order,” said Sulaiman Khan, advocate for the Muslim side.
“Today, a petition was filed before the Supreme Court. The court first emphasised maintaining peace and harmony in the area. Subsequently, the SC granted the mosque committee, which had filed the SLP, the liberty to challenge the order in the High Court. It also directed that if the petition is filed within three days, it should be listed promptly in the High Court,” said Vishnu Jain, advocate for the Hindu side.
The Hindu pursuers have claimed that the mosque was established by Mughal emperor Babar in 1526 following the demolition of a structure known as the “Harihar Temple.” On November 24, an outbreak of violence occurred in Sambhal during the execution of a survey, resulting in the fatalities of four individuals and injuries to numerous others, including police personnel.