Sambhal masjid case: SC asks petitioner committee to approach HC first, keeps tab open
In a litmus test for the Places of Worship Act, the Supreme Court has asked the management committee of the Shahi Jama Masjid to approach the Allahabad High Court first.
Published on: 29 November 2024, 12:58 pm
ON Friday, the Supreme Court interdicted the civil judge, Sambhal, from hearing a suit concerning the survey of Shahi Jama Masjid at Chandausi, Sambhal till the appeal filed by the management committee, Shahi Jama Masjid, Sambhal, is listed before the Allahabad High Court.
A two-judge Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar passed the Order to this effect while hearing a special leave petition filed by the management committee, Shahi Jama Masjid, Sambhal challenging the Order of the civil judge on November 19, 2024, appointing an advocate commissioner for a survey of the mosque. The civil judge had passed the Order ex parte.
Article 136 of the Indian Constitution confers discretionary jurisdiction on the Supreme Court to grant special leave to appeal against any judgment, decree, determination, sentence or Order in any cause or matter passed or made by any court or tribunal in the territory of India.
At the outset, the Bench said even though it had reservations about the Order of the civil judge, it would advise the petitioner to approach the high court first. The Bench added that it would, however, keep the special leave petition pending with it.
The Bench said even though it had reservations about the Order of the civil judge, it would advise the petitioner to approach the high court first.
The Bench also directed that the survey report of the advocate commissioner should be kept in a sealed cover.
Further, the Bench asked the Uttar Pradesh government to ensure peace and harmony are maintained in the town and that the government behaves in an “absolutely neutral” manner. The Bench suggested the formation of a peace and harmony committee in the town.
Senior advocate Huzefa A. Ahmadi appeared for the petitioner, assisted by advocate-on-record Fuzail Ahmed Ayyubi.
Explaining the reason for coming directly to the Supreme Court, Ahmedi said ten such suits are pending all over the country. The modus operandi, Ahmedi said, is that a survey is ordered and then a “story is built”.
CJI Khanna asked Ahmedi to make these arguments in a matter that is pending before the Supreme Court in an appeal. Possibly, Justice Khanna was referring to the Shahi Idgah–Krishna Janmabhoomi dispute.
Building a story?
In the Shahi Jama Masjid, Sambhal case, the suit has been filed by eight plaintiffs claiming that the mosque is actually ‘Shri Hari Har Temple’. Among other things, the plaintiffs are seeking directions to the effect that they have a right to access the Jama Masjid. They are also seeking an injunction against the defendants, the management committee of the mosque, from creating any hurdle in accessing the mosque.
The suit was accompanied by an application seeking the appointment of an advocate commissioner to conduct a survey of the mosque. The suit was filed on November 19, 2024. On the same day, Judge Aditya Singh passed an ex parte Order appointing an advocate commissioner for the survey of the mosque.
In their petition before the Supreme Court, the masjid committee said that within two hours of the Order of the civil judge, the advocate commissioner, along with the plaintiffs’ advocates and police force, arrived at the mosque, which is situated nearly 30 kilometers away from the court premises, for conducting a survey of the mosque. The survey, which started at 6 p.m., continued till 8:30 p.m.